Terms of Engagement
Last updated: 1st April 2026
These Terms of Engagement ("Terms") govern the provision of investigative and related services by Sherwood Holmes Investigations ("we", "us", "our") to clients ("you", "the Client"). By engaging our services, you agree to be bound by these Terms.
These Terms should be read alongside our Privacy Policy and any specific Engagement Letter or Terms of Reference issued for your matter.
1. Our Services
Sherwood Holmes Investigations provides independent, evidence-based investigative services throughout Aotearoa New Zealand, including:
Workplace investigations (misconduct, bullying, harassment, integrity matters)
Criminal defence support and evidence review
Witness interviews and affidavit preparation
Fraud and integrity inquiries
Police conduct and complaint review
Evidence review and analysis
Other investigative or inquiry services as agreed in writing
The specific scope of services for your matter will be set out in an Engagement Letter or Terms of Reference provided at the commencement of each engagement.
2. Independence and Impartiality
Sherwood Holmes Investigations operates as an independent investigator. We do not act as an advocate for any party. Our role is to gather and assess evidence fairly, apply relevant standards and law, and reach defensible, evidence-based findings.
We will decline any instruction that compromises, or appears to compromise, our independence. If a conflict of interest arises during an engagement, we will notify you promptly and discuss appropriate steps.
3. Engagement Process
3.1 Commencement An engagement begins when both parties have agreed to the scope of work in writing (via Engagement Letter, Terms of Reference, or written confirmation by email). Work will not commence until this agreement is in place and any required deposit or purchase order has been received.
3.2 Instructions Instructions must be provided by an authorised representative of the Client organisation. We will act on instructions from the contact person named in the engagement documentation unless you advise us otherwise in writing.
3.3 Variations If the scope of an engagement changes materially (for example, additional interviews are required, new allegations emerge, or the complexity increases), we will notify you and confirm any changes to timeline or fees before proceeding.
4. Fees and Payment
4.1 Fee Structure Our fees are charged on an hourly basis unless a fixed-fee arrangement is agreed in writing. Our current rates will be provided in the Engagement Letter. Rates are exclusive of GST.
4.2 Disbursements Travel, accommodation, printing, and other reasonable disbursements incurred in the course of an engagement will be charged at cost. We will seek prior approval for any disbursement likely to exceed $200 NZD.
4.3 Invoicing and Payment Invoices are issued on completion of the engagement or at agreed milestones for longer engagements. Payment is due within 20 working days of the invoice date. Invoices are payable in New Zealand dollars.
4.4 Late Payment Where payment is not received by the due date, we reserve the right to pause work on your matter and/or charge interest on overdue amounts at a rate of 1.5% per month until payment is received.
4.5 Deposit For new clients or larger engagements, we may require a deposit prior to commencing work. The deposit amount will be specified in the Engagement Letter and applied against the final invoice.
5. Natural Justice and Procedural Fairness
Where our services involve findings or conclusions about individuals, we are committed to upholding the principles of natural justice. This means:
All parties subject to an investigation will be informed of the allegations or issues relevant to them
All parties will be given a reasonable opportunity to respond
Draft findings or summaries may be provided to relevant parties for comment before a final report is issued, where this is appropriate and consistent with the Terms of Reference
We will not make findings based solely on untested allegations
The extent to which natural justice obligations apply will depend on the nature and context of each engagement and will be discussed with you at the outset.
6. Confidentiality
6.1 Our Obligations We treat all information provided by or about you as strictly confidential. We will not disclose information relating to your matter to any third party except:
Where required to do so by the nature of the investigation (e.g., disclosing allegations to a respondent as required by natural justice)
Where required by law, a court order, or a regulatory authority
Where disclosure is necessary to prevent serious harm
Where you have given written consent
6.2 Your Obligations You agree to keep confidential the existence and content of the engagement, any draft reports, and any correspondence or findings provided to you. You will not publish, distribute, or disclose investigation reports beyond those who need to receive them without our prior written consent or as otherwise required by law.
6.3 Limits to Confidentiality In some circumstances, full confidentiality cannot be guaranteed — for example, where natural justice requires disclosure of information to a respondent, or where a court compels production of documents. We will advise you as soon as practicable where such circumstances arise.
7. Privacy
We handle all personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy, which is available on our website and provided to clients at the commencement of each engagement.
We use TensorCase, a secure, AI-assisted case management platform, to organise documents, manage transcripts and timelines, and store case files. TensorCase is used for administrative and organisational purposes only. All investigative findings and conclusions are made by a qualified human investigator. Data held in TensorCase is encrypted, access-controlled, and managed in accordance with NZ privacy requirements.
By engaging our services, you consent to the use of TensorCase for the management of your case materials, as outlined in our Client Consent Form.
8. Reporting
8.1 Investigation Reports Unless otherwise agreed, we will provide a written investigation report at the conclusion of each engagement. Reports will set out the scope of the investigation, the process followed, the evidence considered, findings of fact, and (where instructed) conclusions or recommendations.
8.2 Findings Our findings are based on evidence available at the time of the investigation and are determined on the balance of probabilities unless a different standard is specified. Findings are not equivalent to legal determinations and should not be treated as such.
8.3 Reliance Reports and findings are prepared for the Client named in the Engagement Letter. They may not be relied upon by third parties without our express written consent.
9. Client Responsibilities
To enable us to carry out our work effectively, you agree to:
Provide accurate, complete, and timely instructions
Disclose all relevant information, documents, and evidence in your possession
Provide reasonable access to personnel, records, and premises as required
Notify us promptly if circumstances change in a way that may affect the engagement
Ensure that any instructions given to us are authorised and lawful
We are not responsible for delays or errors arising from incomplete, inaccurate, or late instructions or information.
10. Limitations
10.1 Scope Our services are limited to those set out in the Engagement Letter or Terms of Reference. We are not a law firm and do not provide legal advice. Where legal advice is required, we recommend you engage a qualified solicitor.
10.2 Liability Our liability for any loss or damage arising from the provision of our services is limited to the fees paid by you for the engagement in which the loss arose. We are not liable for indirect, consequential, or economic loss.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by New Zealand law, including under the Consumer Guarantees Act 1993 where applicable.
10.3 No Guarantee of Outcome We cannot and do not guarantee any particular outcome from an investigation. Findings are determined by the evidence available and the applicable standard of proof. We are not responsible for decisions made by the Client on the basis of our findings.
11. Intellectual Property
All reports, documents, and written materials produced by us remain our intellectual property until payment of all invoices relating to the engagement has been received in full. Upon full payment, ownership of the final report transfers to the Client, subject to these Terms.
We retain the right to keep a copy of all work produced and to use de-identified materials for internal training, quality assurance, and professional development purposes.
12. Termination
12.1 Termination by the Client You may terminate an engagement at any time by providing written notice. You will be invoiced for all work completed and disbursements incurred up to the date of termination.
12.2 Termination by Sherwood Holmes Investigations We reserve the right to terminate or suspend an engagement where:
Fees remain unpaid after reasonable notice
You provide false, misleading, or materially incomplete instructions
Continuing the engagement would compromise our independence, professional obligations, or legal duties
A conflict of interest arises that cannot be resolved
Where we terminate an engagement, we will provide written notice and invoice for all work completed and disbursements incurred to that date.
13. Disputes
We are committed to resolving any concerns promptly and professionally. If you have a concern about our services or invoicing, please contact us in the first instance to discuss the matter informally.
If a dispute cannot be resolved informally, the parties agree to attempt mediation before commencing formal proceedings. The costs of mediation will be shared equally unless otherwise agreed.
These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
14. General
14.1 Entire Agreement These Terms, together with any Engagement Letter, Terms of Reference, and our Privacy Policy, constitute the entire agreement between the parties in relation to the relevant engagement and supersede all prior discussions and representations.
14.2 Variation These Terms may only be varied by written agreement signed by both parties.
14.3 Waiver A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
14.4 Severability If any provision of these Terms is found to be unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
14.5 Communications Formal notices under these Terms should be sent by email to the addresses confirmed in the Engagement Letter. Notices are deemed received on the next business day following transmission.
15. Contact
Sherwood Holmes Investigations Wellington, New Zealand
Email: confidential@sherwoodholmes.co.nz