Verdict on Peter Goodfellow’s ex-wife spy claim

Private investigator Clinton Bowerman has been cleared of covertly spying on National Party president Peter Goodfellow (pictured) during a meeting with his ex-wife.

Mr Goodfellow’s complaint to the Private Security Personnel Licensing Authority alleged use of a hidden video camera while he and Libby Black were dividing property at their former matrimonial home, in the Auckland suburb of Orakei, last year.

Details of the former couple’s matrimonial assets dispute are protected by wide-reaching, court-imposed suppression orders.

Mr Bowerman became involved with the surveillance because he was working as a personal guard to Ms Black.

The Private Security Personnel Licensing Authority, barrister Roger Gill, found Mr Bowerman’s covert video surveillance was not in contravention of his licence because he had the appropriate consent of Ms Black to film the meeting.

Consent from Mr Goodfellow was not required because he was not considered a lawful occupant of the home at the time, Mr Gill says in his decision.

“Ms Black was occupying the dwelling with the benefit of a Family Court Occupation Order at all material times and that in itself is enough to take the complainant out of the loop with regard to any occupation rights.”

Mr Gill says as a private investigator, Mr Bowerman did not have to display an ID badge at the time the filming occurred.

And he dismisses Mr Goodfellow's arguments as to legitimate expectations of privacy.

"The situation would be quite different if the surveillance intruded into truly private or intimate situations such as bathroom or sexual activities," Mr Gill says.

When the matter was heard last month, an affidavit from Ms Black revealed a reason she had given Mr Bowerman consent to film was because she was concerned about missing jewellery items worth $20,268.

“…he [Mr Bowerman] was going to pose further questions to Peter and video tape his response during the process so I might have evidence to help prove to the court that I am not responsible for the loss of my jewellery as claimed by Peter, he must be himself held to account for the fate of my jewellery.”

Ms Black's affidavit goes on to say:

“One of the reasons that I wanted Clinton Bowerman to film what was going on at that house was to have an accurate record of certain comings and goings as my house had been burgled and bugged previously and I was not sure if it was by people whom I knew or who were otherwise familiar with the house.” 

Mr Gill upheld one of Mr Goodfellow’s complaints on a minor matter relating to an omission of a statement on Mr Bowerman’s letterhead, which was later rectified.

Mr Goodfellow’s lawyer Vanessa Bruton told NBR ONLINE she was not able to comment on whether Mr Goodfellow had plans to appeal the decision to the district court.

Mr Goodfellow is a grandson of Sir William Goodfellow – who founded the family business with Amalgamated Dairies. His partner, Desley Simpson, is chairwoman of the Orakei local board in Auckland and enjoys some celebrity status.

Valued at $500 million on the NBR Rich List, the publicity-shy Goodfellow family established a strong philanthropic tradition, supporting education, medical research and aged-care programmes.

gbond@nbr.co.nz