Post Conference Workshop

Auckland 20th September | Wellington 22nd September

8.30 Registration and welcome coffee | Course duration: 9.00 am – 4.30 pm, including networking breaks


  • Ensuring procedural fairness, independence, transparency, and standards of proof   
  • Understanding the requirements for workplace investigators (including workplace investigators that fall within the definition of a “Private Investigator” under the Private Security Personnel and Private Investigators Act 2010);   
  • Consideration of guidance from WorkSafe New Zealand and the Human Rights Commission in relation to sexual harassment;  
  • Understanding the obligations under the Employment Relations Act 2000, Health and Safety at Work Act 2015, Harassment Act 1997 and Human Rights Act 1993in relation to sexual harassment and reporting obligations;  
  • Consideration of recent decisions from the Employment Relations Authority, Employment Court and the Human Rights Review Tribunal in relation to investigations of bulling/sexual harassment claims; and   
  • Addressing the requirements of the Privacy Act 2020, Official Information Act 1982, Local Government Official Information and Meetings Act 1987, the long awaited Protected Disclosures (Protection of Whistleblowers) Bill which comes into force on 1 July 2022 and, for those who work in the Public Sector, the Public Sector Commission Workforce Assurance Model Standards. 
  • Review factors influencing whether an investigation should be undertaken - assessing seriousness of allegations, complexities of complaints, and consequences of failing to investigate    
  • Assessing when a formal investigation is appropriate    
  • Determining other suitable legally acceptable avenues for conflict resolution   
  • Suspension     
  • Identifying an investigator – internal or external?     
  • Legal professional privilege    
  • Ascertaining the purpose and scope of the investigation   
  • Timeframes for investigations  


  • Planning - the importance of not over complicating investigations    
  • What should the Terms of Reference cover and who should prepare them?   
  • Evidence gathering prior to interviews    
  • Deciding who to interview and in what order  
  • Designing an effective questions framework  
  • Setting expectations of people involved   
  • Ensuring complainant and witness anonymity  
  • Record keeping and maintaining confidentiality   
  • Investigative interview techniques and style – balancing sensitivity with the need to ensure robust investigation 
  • Dealing with conflicts of interest     
  • Sick/stress leave     
  • Handling requests for anonymity and silence     
  • Hearsay      
  • Parallel criminal investigations (Police reporting, the rights to silence and against self-incrimination)    
  • Handling information requests     
  • Managing difficult representatives   
  • Maintaining independence  
  • When investigations go right, when they go wrong, and what we can learn from the outcomes