Thanks to some feedback on an Umbraco forum post I have re factored my code and made use of Dependency Injection.
I am using the awesome ninject and if you use the nuget package manager it is so easy its un real.
So navigate to https://www.nuget.org/packages/Ninject.MVC3/220.127.116.11 you can see the nuget install command Install-Package Ninject.MVC3 -Version 18.104.22.168 so install that into your web project. This will pull down everything also in your app_start folder it will create a class NinjectWebCommon in there you have method
private static void RegisterServices(IKernel kernel)
You add your bindings there. Next update your surface controller mine looks like
private readonly ISearchService _searchService;
/// inject in this dependancy using ninject
public SearchFormSurfaceController(ISearchService searchService)
_searchService = searchService;
Its as easy as that. Now you too can be all hip and upto date with all the cool kids!!