(1) The purpose of this Act is to reform and modernise the law relating to inquiries, by—

• (a) providing for the establishment of both public and government inquiries to inquire into matters of public importance; and

• (b) recognising and providing for Royal commissions established under the Royal prerogative; and

• (c) enabling those inquiries to be carried out effectively, efficiently, and fairly.

(2) The Act therefore sets out, in relation to any inquiry to which this Act applies,—

• (a) how an inquiry is set up and its members are to be appointed; and

• (b) the powers, duties, and privileges of an inquiry and the immunities that apply to the inquiry and its members; and

• (c) the protection available for witnesses and counsel appearing before an inquiry; and

• (d) the principles governing the procedure of an inquiry, including those relating to evidential matters; and

• (e) provision for recourse to the court by, or in relation to, an inquiry; and

• (f) sanctions that may be applied by or on behalf of an inquiry.

(3) The Act also makes provision for—

• (a) the repeal of sections 2 and 15 of the Commissions of Inquiry Act 1908, which provide, respectively, for the appointment of a commission of inquiry and the extension of that Act to commissions appointed under other Acts or under the Letters Patent; and

• (b) the continuing application of the remaining provisions of the Commissions of Inquiry Act 1908 in specified circumstances.

In this Act, unless the context otherwise requires,—

This Act binds the Crown.

(1) This Act applies to the following kinds of inquiry:

• (a) Royal commissions established under the authority of the Letters Patent constituting the office of the Governor-General, and this Act applies to Royal commissions as if they were public inquiries:

• (b) public inquiries, which are established in accordance with subsection (2):

• (c) government inquiries, which are established in accordance with subsection (3).

(2) The Governor-General may, by Order in Council, establish a public inquiry for the purpose of inquiring into, and reporting on, any matter of public importance.

(3) A Minister One or more Ministers may, by notice in the Gazette, establish a government inquiry for the purpose of inquiring into, and reporting on, any matter of public importance.

(1) The matters set out in subsection (2) must be specified in the instrument made by the Governor-General in Council establishing a Royal commission, the Order in Council establishing a public inquiry, or the notice in the Gazette establishing a government inquiry.

(2) The matters are—

• (a) the matter of public importance that is the subject of the inquiry; and

• (b) 1 or more persons appointed to be members of the inquiry; and

• (c) if more than 1 person is appointed to the inquiry, the person who is to be the chairperson of the inquiry; and

• (d) the terms of reference for the inquiry, including any directions as to—

  • (i) the events or matters that are relevant to the inquiry; and

  • (ii) the dates, persons, and locations that are relevant to those events; and

  • (iii) whether any part or aspect of the inquiry is to be restricted from public access; and

  • (iv) the date by which the inquiry must complete its inquiry and submit a report under section 12; and

  • (v) any other administrative or procedural matters.

(1) The establishment instrument to establish an inquiry must—

• (a) specify the matter of public importance that is the subject of the inquiry; and

• (b) name the person or persons appointed to be members of the inquiry; and

• (c) if more than 1 person is appointed to the inquiry, name the person who is to be the chairperson of the inquiry; and

• (d) specify the date when the inquiry may begin considering evidence.

(2) However, an inquiry must not begin considering evidence before the terms of reference are notified under subsection (3).

(3) The terms of reference for an inquiry must be notified—

• (a) in the establishment instrument; or

• (b) by the appointing Minister or appropriate Minister, as the case may be, by notice in the Gazette as soon as is reasonably possible after the date of the establishment instrument.

(4) The terms of reference may set out any matters relevant to the inquiry, including matters such as—

• (a) any matters relevant to the scope and purpose of the inquiry; and

• (b) any administrative or procedural matters; and

• (c) a reporting date, provisional reporting date, or process for determining a reporting date.

(5) The appointing Minister or appropriate Minister, as the case may be, may amend the terms of reference by notice in the Gazette.

(6) Before terms of reference may be notified under subsection (3) or amended under subsection (5), the appointing Minister or appropriate Minister, as relevant, may consult the person appointed to the inquiry or appointed to be the chairperson of the inquiry.

(1) The Governor-General may, by Order in Council, remove any member of a public inquiry from office.

(2) The appointing Minister may, by notice in the Gazette, remove any member of a government inquiry from office.

(3) A member of an inquiry may be removed under subsection (1) or (2), as the case may be, but only—

• (a) due to the misconduct of the member; or

• (b) if the member is unable to perform the functions of office; or

• (c) if the member has neglected his or her duty.

(1) If 1 or more members of an inquiry are, for any reason, unable to continue in office, the appropriate Minister or appointing Minister, as the case may be, must consult with any remaining members of the inquiry as to how the inquiry should proceed.

(2) After consultation has been undertaken, as required by subsection (1),—

• (a) the appropriate Minister or appointing Minister, as the case may be, may require the inquiry to continue to perform its functions, despite the vacancy in its membership; or

• (b) a person may be appointed to be a replacement member, in accordance with section 6; or

• (c) the inquiry may be terminated,—

  • (i) in the case of a public inquiry, by the Governor-General by Order in Council; or

  • (ii) in the case of a government inquiry, by the appointing Minister, by notice in the Gazette.

(3) The power under subsection (2)(a) or (b) must not be exercised if to do so would be contrary to the principles of natural justice.

In exercising its powers and performing its duties under this Act, an inquiry and each of its members must act independently, impartially, and fairly.

(1) An inquiry has no power to determine the civil, criminal, or disciplinary liability of any person.

(2) Subsection (1) does not prevent an inquiry, in exercising its powers and performing its duties under this Act, from making—

• (a) findings of fault; or

• (b) recommendations that further steps be taken to determine liability.

(1) Every inquiry must, in accordance with any requirements of the terms of reference for the inquiry, prepare a final report and present it,—

• (a) in the case of a public inquiry, to the Governor-General; and

• (b) in the case of a government inquiry, to the appointing Minister.

(2) The final report of an inquiry must set out—

• (a) the findings of the inquiry; and

• (b) any recommendations of the inquiry.

(3) The final report of a public inquiry must be presented by the appropriate Minister to the House of Representatives as soon as practicable after the inquiry has reported under subsection (1).

(1) If an inquiry considers it appropriate to do so, the inquiry may request the Solicitor-General to appoint counsel—

• (a) to assist the inquiry, either generally or in relation to a particular matter:

• (b) to advise the inquiry on matters of law, procedure, or evidence.

(2) The Solicitor-General must, after consulting the inquiry,—

• (a) appoint counsel; and

• (b) set the terms and conditions of the appointment.

(1) An inquiry may request the appointment of counsel to assist the inquiry, but before making a request, must consider and have regard to—

• (a) the purpose of this Act and, in particular, the purpose of the Act to enable an inquiry to be carried out effectively, efficiently, and fairly; and

• (b) the nature of the subject matter of the inquiry; and

• (c) the procedures most appropriate for carrying out the terms of reference.

(2) The Solicitor-General must, if requested to do so, appoint counsel to assist an inquiry, but in doing so must—

• (a) have regard to the matters specified in subsection (1); and

• (b) consult the inquiry on—

  • (i) the proposed appointee; and

  • (ii) the terms and conditions to apply to the appointment.

(1) An inquiry may conduct its inquiry as it considers appropriate, unless otherwise specified—

• (a) by this Act; or

• (b) in the terms of reference of the inquiry.

(2) In making a decision as to the procedure or conduct of an inquiry, or in making a finding that is adverse to any person, an inquiry must—

• (a) not act inconsistently comply with the rules principles of natural justice; and

• (b) have regard to the need to avoid unnecessary delay or cost in relation to public funds, witnesses, or other persons participating in the inquiry.

(2A) If an inquiry proposes to make a finding that is adverse to any person, the inquiry must, using whatever procedure it may determine, be satisfied that the person—

• (a) is aware of the matters on which the proposed finding is based; and

• (b) has had an opportunity, at any time during the course of the inquiry, to respond on those matters.

(3) Without limiting subsections (1) and (2)to (2A), an inquiry may determine matters such as—

• (a) whether to conduct interviews, and if so, who to interview:

• (b) whether to call witnesses, and if so, who to call:

• (c) whether to hold hearings in the course of its inquiry, and if so, when and where hearings are to be held:

• (d) whether to receive evidence or submissions from or on behalf of any person participating in the inquiry:

• (e) whether to receive oral or written evidence or submissions and the manner and form of the evidence or submissions:

• (f) whether to allow or restrict cross-examination of witnesses.

(1) An inquiry may, at any time, make orders to—

• (a) forbid publication of—

  • (i) the whole or any part of any evidence or submissions presented to the inquiry:

  • (ii) any report or account of the evidence or submissions:

  • (iii) the name or other particulars likely to lead to the identification of a witness or other person participating in the inquiry (other than counsel):

  • (iv) any rulings of the inquiry:

• (b) restrict public access to any part or aspect of the inquiry:

• (c) hold the inquiry, or any part of it, in private.

(2) Before making an order under subsection (1), an inquiry must take into account the following criteria:

• (a) the risk of prejudice to public confidence in the proceedings of the inquiry; and

• (b) the need for the inquiry to ascertain the facts properly; and

• (c) the extent to which public proceedings may prejudice the security, defence, or economic interests of New Zealand; and

• (d) the privacy interests of any individual; and

• (e) whether it would interfere with the administration of justice, including any person's right to a fair trial, if an order were not made under subsection (1); and

• (f) any other countervailing interests.

(3) If the instrument that establishes an inquiry restricts any part or aspect of the inquiry from public access, the inquiry must make such orders under subsection (1) as are necessary to give effect to the restrictions.

(1) An inquiry may, after consultation with the appropriate Minister or appointing Minister, as the case may be, postpone or temporarily suspend the inquiry if—

• (a) another investigation is being, or is likely to be, carried out into matters relating to the inquiry; and

• (b) the inquiry is satisfied that to commence or continue the inquiry would be likely to prejudice—

  • (i) the investigation referred to in paragraph (a); or

  • (ii) any person interested in that investigation.

(2) The inquiry must commence or continue when it is satisfied that to do so would no longer prejudice the other investigation or any person interested in it.

An inquiry must not, in its report, make any finding that is adverse to any person (whether a natural person or a body corporate), unless the inquiry has—

• (a) taken all reasonable steps to—

  • (i) give that person reasonable notice of the intention to make the finding; and

  • (ii) disclose to that person the contents of the proposed finding, the relevant material relied on for that finding, and the reasons on which it is based; and

  • (iii) give that person a reasonable opportunity to respond to the proposed finding; and

• (b) properly considered any response given under paragraph (a)(iii).

(1) At any time an inquiry may, by written notice, designate any person to be a core participant in the inquiry.

(2) In determining whether to designate a person as a core participant, an inquiry must consider whether that person—

• (a) played, or may have played, a direct and significant role in relation to the matters to which the inquiry relates:

• (b) has a significant interest in a substantial aspect of the matters to which the inquiry relates:

• (c) may be subject to explicit or serious criticism during the inquiry or in the report.

(3) Every person designated as a core participant has the right to give evidence and make submissions to the inquiry, subject to any directions of that inquiry as to the manner in which evidence is to be given and submissions made.

(1) An inquiry may, at any time, make a recommendation to the chief executive of the relevant department that funding be granted for the purpose of providing legal assistance to 1 or more specified persons—

• (a) who wish, or who are required, to appear before the inquiry; or

• (b) who have an interest in the inquiry.

(2) In determining whether to make a recommendation under subsection (1), the inquiry must consider—

• (a) the likelihood of hardship to a person if legal assistance is declined; and

• (b) the nature and significance of the contribution that the person will, or is likely to, make to the inquiry; and

• (c) the extent to which legal assistance is, or is likely to be, required to enable the inquiry to fulfil its purpose; and

• (d) any other matters relating to the public interest.

(3) If a recommendation is made under subsection (1), the chief executive may—

• (a) grant funding for the legal assistance recommended under that subsection; and

• (b) impose any conditions that he or she considers appropriate.

(4) In this section, legal assistance means—

• (a) legal representation; or

• (b) legal advice or help (for example, help with drafting submissions to an inquiry); or

• (c) both.

An inquiry may, for the purposes of its inquiry,—

• (a) receive any evidence that, in its opinion, may assist it to deal effectively with the subject of the inquiry, whether or not the evidence would be admissible in a court of law; and

• (b) take evidence on oath or affirmation, and for that purpose an oath or affirmation may be administered by any member of the inquiry; and

• (c) permit a witness to give evidence by any means, including by written or electronic means, and require the witness to verify the evidence by oath or affirmation.

An inquiry may, as it thinks appropriate for the purposes of the inquiry,—

• (a) require any person to—

  • (i) produce any documents or things in that person's possession or control or copies of those documents or things:

  • (ii) allow copies or representations of those documents or things to be made:

  • (iii) provide information to the inquiry, in a form approved by the inquiry:

  • (iv) verify by statutory declaration any written information, copies of documents, or representations of things provided to the inquiry:

• (b) examine any document or thing that is produced by a witness:

• (c) examine any document or thing for which privilege or confidentiality is claimed, or refer the document or thing to an independent person or body, to determine whether—

  • (i) the person claiming privilege or confidentiality has a justifiable reason in maintaining the privilege or confidentiality; or

  • (ii) the document or thing should be disclosed.

An inquiry may delegate in writing to an officer of the inquiry the powers of the inquiry under sections 20(b) and 21(b).

(1) An inquiry—

• (a) may, on its own initiative or on the application of another person, order any person to disclose to any person participating in the inquiry any specified document, information, or thing that the person has produced before the inquiry; but

• (b) must not make orders for general discovery.

(2) An order given under subsection (1)(a) may impose appropriate terms and conditions in relation to—

• (a) any disclosure required under that subsection; and

• (b) the use that may be made of the information, documents, or things required to be disclosed.

(1) An inquiry may issue a witness summons in writing to any person, requiring that person to attend and give evidence before the inquiry.

(2) The witness summons must state—

• (a) the place where, and the date and time when, the person is to attend; and

• (b) the documents or things in that person's possession or control that he or she is required to produce to the inquiry; and

• (c) the person's entitlement to be paid costs and travelling expenses, in accordance with section 26; and

• (d) the penalty for failing to attend.

(1) Unless a witness has consented to service by another means, a summons must be served personally on that witness by delivering a sealed copy of the summons to the witness not later than 24 hours before the witness must attend the inquiry.

(2) Despite subsection (1), an inquiry may direct substituted service in accordance with the High Court Rules.

(1) Persons summoned to attend an inquiry as witnesses are entitled to be paid for their reasonable costs and travelling expenses, at the level determined by the inquiry.

(1A) An inquiry may reimburse other persons who participate in an inquiry for their reasonable costs and travelling expenses at the level the inquiry determines.

(2) The payment required by subsection (1) must be made, if the witness is summoned,—

• (a) by an inquiry on its own initiative, by that inquiry; or

• (b) by an inquiry on the application of any person participating in the inquiry, by that person, unless the inquiry itself agrees to do so.

(1) This section applies to an inquiry, each member of the inquiry, and an officer of an inquiry acting under a delegation made under section 22.

(2) Neither an inquiry nor any person to whom this section applies—

• (a) is liable for anything done, reported, stated, or omitted in the exercise or intended exercise of the powers and performance or intended performance of the duties of the inquiry, unless the inquiry or person acted in bad faith; or

• (b) may be compelled to give evidence in court or in any proceedings of a judicial nature in relation to the inquiry, unless leave of the court is granted to bring proceedings relating to an allegation of bad faith against the inquiry or any person to whom this section applies.

(1) Witnesses and other persons participating in an inquiry (other than counsel) have the same immunities and privileges as if they were appearing in civil proceedings and the provisions of subpart 8 of Part 2 of the Evidence Act 2006 apply to the inquiry, to the extent that they are relevant, as if—

• (a) the inquiry were a civil proceeding; and

• (b) every reference to a Judge were a reference to an inquiry.

(2) Counsel appearing before an inquiry have the same immunities and privileges as they would have if appearing before a court.