PIs should not be restricted more than public - Sir Geoffrey

Private investigators should not be restricted from taking photos or recording people any more than the general public is, Law Commission president Geoffrey Palmer says.

However, restrictions on the general public were too lax, he said.

There was "no justification" for private investigators to be singled out for restrictions when ordinary members of the public did not face the same ones, Sir Geoffrey told NZPA.

He presented the commission's briefing on the issue to Parliament's justice select committee this morning. The committee is considering the Private Security Personnel and Private Investigators Bill.

The commission said protections against surveillance should be "of general application and not targeted at one small group".

Legislation currently restricts investigators from photographing anyone anywhere, even in a public place, and also prohibits them from accepting a photo from someone.

Before the restriction was lifted there should be "clarity" about what ordinary members of the public could do, Sir Geoffrey said.

There needed to be more restrictions on ordinary people, he said.

Former domestic partners, disgruntled litigants and paparazzi photographers were just as likely to intrude on privacy.

"The police are different. The police are law enforcement officers. That's a totally different set of policy considerations.

"This is not about that. This is about what surveillance powers do ordinary citizens have and to what degree should they be restricted."

The commission suggested a code of ethics be established for the private investigation industry and the list of offences which disqualify someone from practising in the industry should be extended to include serious invasion of privacy.

MPs on the committee said the legislation was also out-of-date and did not take into account the developments in technology over the past 30 years.

The commission was reviewing the Privacy Act 1993, including the Privacy Commissioner's jurisdiction over surveillance, and was expected to report back early next year.