Investigations: what you need to know when you need to know

Overview

An effective investigation can often be the right response to a difficult situation. Whether prompted by allegations of misconduct, breaches of company policy, concerns about health and safety, or adverse media coverage, investigations provide a structured framework for uncovering facts, assessing risks, and implementing appropriate resolutions. 

Whilst boards may not conduct investigations themselves, they do need to: 

• ensure the right response plans are in place
• have clear roles and responsibilities
• know what questions they need to ask
• where and when to seek help
• know what external help is available to them 

The roles and risks of an investigation need to be clearly defined.  Dentons’ Dispute Resolution Partner, Linda Clark, and Employment and Health & Safety Partner, James Warren, will discuss why and when to investigate, as well as the key issues to consider throughout the investigative process.  They will share best practices for uncovering facts, assessing risks, managing the interests of both complainants and those facing complaints, and implementing resolutions. 

Linda Clark

MInstD

Linda is a Partner in Dentons Public Law and Dispute Resolution team based in Wellington. She specialises in judicial review, public law disputes and processes, investigations and defamation. She has appeared in the Court of Appeal, High Court, District Court, Coroner’s Court and a range of tribunals, including the Human Rights Review Tribunal. She is also experienced in mediations. 

Linda is regularly engaged as an independent reviewer. She has led reviews into privacy breaches at ACC and Oranga Tamariki, code of conduct breaches by local councillors, and was a member of a three person panel in 2023 reviewing breaches of editorial standards at Radio New Zealand.

James Warren

James Warren is a Partner with Dentons' employment and workplace health & safety team, based in Auckland with extensive experience in both the UK and New Zealand. He is regularly instructed on multi-jurisdictional matters and business transformations, while also dealing with investigations, dismissals, and personal grievances. James is an approachable and responsive advocate when dealing with disputes, prosecutions, and claims, focused on delivering practical and commercial solutions.

James has been consistently recommended in The Legal 500 and has been described in various editions as a ’clear thinking adviser’ providing ’great customer service’, along with ’robust and practical advice’.

Additional information

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Contact

Sharynn Johnson
Canterbury Branch Manager

+64 27 228 6069
canterbury.branch@iod.org.nz

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