Legal
Terms and Conditions
Tony Lowe Investigations Limited (“TLI”, “we”, “us” or “our”)
How These Terms Apply
These Terms are made up of:
- 1. General Terms; and
- 2. the Service-Specific Terms applicable to the instruction.
The service sections are:
- Private Investigation and Tracing Services
- Repossession Services
- Process Serving and Field Attendance Services
Only the General Terms and the relevant Service-Specific Terms apply.
By instructing TLI, continuing an instruction or accepting services, the Client agrees to these Terms together with any applicable quotation, rate schedule or service agreement.
Back to contentsGeneral Terms
1. Application and Priority
These Terms apply to all services provided by TLI.
A specific written quotation, fee agreement or service agreement prevails over these Terms to the extent of any inconsistency.
2. Fees and GST
Fees may be hourly, fixed, quoted or otherwise agreed.
All fees are exclusive of GST unless expressly stated otherwise.
3. Payment
Invoices are payable within seven (7) days unless otherwise agreed.
TLI may require payment in advance, a deposit or retainer and may suspend work where amounts are overdue or a retainer has been exhausted.
4. Overdue Accounts and Recovery Costs
TLI may charge interest on overdue accounts at a rate not exceeding 15% per annum calculated daily.
The Client is liable for reasonable collection and legal costs incurred recovering overdue amounts, to the extent permitted by law.
5. Disbursements and Third-Party Costs
The Client is responsible for reasonable disbursements and third-party costs including mileage, travel, accommodation, database charges, process serving, agents, towing, transport, locksmiths, storage and related expenses.
6. Legal Representatives and External Providers
TLI may arrange solicitors, barristers, investigators, process servers, expert witnesses, enforcement agents and other external providers where authorised and appropriate.
The Client is liable for the fee charged by TLI in accordance with the applicable quotation, rate or fee arrangement.
That fee may include administration, coordination, file management, professional attendance and commercial margin and may differ from or exceed the external provider's charge to TLI.
An external provider's invoice to TLI does not determine TLI's charge to the Client unless expressly agreed.
7. Client Information and Authority
The Client warrants lawful authority to instruct TLI and that information supplied is accurate, complete, lawful and not misleading.
8. Employees, Agents and Contractors
TLI may use suitably qualified employees, contractors and agents.
9. Confidentiality
TLI will treat information obtained during an instruction as confidential subject to operational and legal requirements.
10. Privacy
TLI and the Client must comply with the Privacy Act 2020 and applicable privacy codes.
11. Reports and Work Product
Reports and other material produced by TLI may be used for the intended purpose of the instruction.
Reports must not be materially altered or represented as TLI's work after alteration.
12. Third-Party Reliance
TLI accepts no responsibility to third parties relying on its work unless TLI has agreed to that reliance in writing.
13. No Legal Advice
TLI does not provide legal advice.
Operational comments concerning legal procedures are not a substitute for independent legal advice.
14. No Guarantee
TLI will use reasonable skill and care but does not guarantee any particular outcome.
15. Cancellation
The Client remains liable for work performed, resources committed, third-party costs and reasonable cancellation charges.
16. Suspension and Termination
TLI may decline, suspend or terminate instructions which are unlawful, unsafe, improper, inadequately supported, unpaid or otherwise expose TLI to unreasonable risk.
17. Indemnity
The Client indemnifies TLI against reasonable losses arising from unlawful instructions, inaccurate information or lack of Client authority, except to the extent caused by TLI's negligence, wilful misconduct or breach of law.
18. Limitation of Liability
To the maximum extent permitted by law, TLI is not liable for indirect, consequential or special loss, loss of profit, loss of opportunity or other economic loss.
Where legally permissible and fair and reasonable in a business-to-business engagement, TLI's aggregate liability will be limited to fees paid for the relevant instruction.
19. Consumer Guarantees Act
Where both parties are in trade and it is legally permissible and fair and reasonable, the parties agree that the Consumer Guarantees Act 1993 will not apply.
20. Set-Off
TLI may set off properly owing fees, disbursements, interest and other charges against money held or received for the Client to the extent permitted by law.
21. Assignment
The Client may not assign the engagement without TLI's written consent.
TLI may transfer an engagement within its associated group of companies where reasonably required and where this does not materially prejudice the Client.
22. Non-Reliance
The Client acknowledges that it has not relied on representations not contained in these Terms or another written agreement.
23. Force Majeure
TLI is not responsible for delay or failure caused by circumstances reasonably beyond its control.
24. Governing Law
New Zealand law applies.
25. Changes to Terms
The version applying when an instruction is accepted applies to that instruction unless otherwise agreed.
Private Investigation and Tracing Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
TLI may undertake investigations, surveillance, tracing, intelligence gathering, interviews, field enquiries and evidence gathering.
2. Lawful Purpose
The Client warrants that the instruction is for a lawful and legitimate purpose.
Instructions involving harassment, intimidation, stalking, circumvention of legal restrictions or other unlawful purposes will not be accepted.
3. No Guarantee
TLI does not guarantee that a person will be located, evidence obtained or any particular outcome achieved.
4. Evidence and Admissibility
TLI does not guarantee the admissibility or evidential weight of material obtained.
5. Surveillance
Surveillance may be altered or discontinued where continuing is unsafe, unlawful, disproportionate or likely to compromise the operation.
6. Tracing
Trace results depend on lawfully available information and no current address, contact information, asset or other result is guaranteed.
7. Client Restrictions
The Client must notify TLI of any Court order, protection order, non-contact arrangement or other legal restriction relevant to the instruction.
8. Use of Information
The Client is responsible for using information obtained for lawful and proper purposes.
9. Scheduling and Cancellation
Short-notice cancellation charges may apply where personnel have been specifically scheduled.
Repossession Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
TLI may undertake repossession, asset recovery, voluntary surrender, asset location and related services.
2. Client's Right to Repossess
The Client warrants a lawful and enforceable right to repossess and compliance with creditor-side contractual and statutory requirements.
3. Asset Identification
The Client is responsible for supplying accurate asset identification information.
4. Changes Affecting Repossession
The Client must immediately advise TLI of matters affecting the right to repossess, including payment, dispute, hardship, litigation, injunction or insolvency.
5. Compliance
Repossession will only be undertaken where TLI considers it lawful and appropriate.
No agent is required to breach a statutory or regulatory obligation applying directly to that person.
6. Access and Safety
An attendance may be discontinued for safety, access, authority, ownership, asset identification or other operational concerns.
7. No Guarantee
Location, access, recovery, condition and value of an asset are not guaranteed.
8. Fees and Costs
Mileage, travel, additional agents, towing, transport, locksmiths, storage, waiting time, after-hours work and other costs may be additional.
9. Unsuccessful Repossessions
Attempted or aborted work remains chargeable where resources or costs have been incurred.
10. Third-Party Property
TLI may rely on asset information supplied by the Client while taking reasonable care to verify the asset.
11. Post-Repossession Obligations
Unless expressly agreed otherwise, the Client remains responsible for post-repossession notices, valuations, sale, disposal, proceeds and other creditor obligations.
12. Cancellation
Fees and committed costs remain payable if the instruction is cancelled after work or allocation has commenced.
Process Serving and Field Attendance Services
These terms apply together with the General Terms, which apply to every instruction.
1. Scope
TLI may undertake process serving, document delivery, field calls, address attendances, occupancy enquiries and related services.
2. Client Instructions
The Client must provide accurate documents and notify TLI of all deadlines, service requirements, Court requirements and known safety issues.
3. No Guarantee
TLI does not guarantee successful location, contact, cooperation or service.
4. Service Requirements
The Client is responsible for determining the legally required service method and obtaining legal advice where necessary.
5. Reports and Evidence
Reports and affidavits will record facts properly observed or verified by the attending agent.
6. Validity of Service
TLI does not guarantee that a Court or Tribunal will ultimately accept service as valid.
7. Field Calls
Field calls are limited to attendance, attempted contact, agreed enquiries, conveying messages/documents and reporting observations.
Unless expressly treated as formal service, delivery of documents during a field call is not confirmation of legal service.
8. Additional Attempts
Additional attempts, addresses, mileage, urgent work, after-hours work, waiting time and travel may be charged separately.
9. Safety
TLI may discontinue an attendance for reasonable safety, legal or operational concerns.
10. Cancellation
Fees and costs already incurred remain payable.
Acceptance
By instructing TLI or continuing to instruct TLI after access to these Terms is provided, the Client agrees to these Terms.
Version: 15 September 2026