Henare PeeniINSPECTOR-GENERAL OF DEFENCE BILLFirst ReadingHon PEENI HENARE (Minister of Defence): I present a legislative statement on the Inspector-General of Defence Bill.ASSISTANT SPEAKER (Hon Jenny Salesa): That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon PEENI HENARE: I move That the Inspector-General of Defence Bill be now read a first time. I nominate the Foreign Affairs Defence and Trade Committee to consider the bill.This Government is committed to implementing the recommendations of the Inquiry into Operation Burnham. That is why I endorse the establishment of an Inspector-General of Defence (IGD) to provide independent oversight for the New Zealand Defence Force (NZDF). In undertaking their inquiry into the August 2010 Operation Burnham in Afghanistan and related matters Sir Terence Arnold and Sir Geoffrey Palmer identified that the actions of the New Zealand Special Air Service (NZSAS) on the ground were professional and lawful but there were shortcomings and they identified those and that the NZDF needed these matters to be dealt with. Having an office which has the necessary powers and authority to look into such matters in future is essential. It is essential not only to ensure additional independent scrutiny is available but also to provide an independent avenue for the dedicated men and women who are asked to protect Aotearoa and our interests. The Operation Burnham inquiry found there was a failure to provide full timely and accurate information to Ministers.The Inspector-General of Defence will have powers to examine any gaps in the NZDF systems so steps can be taken to make necessary improvements. As the Attorney-General the Hon David Parker has previously stated on the matter the establishment of an Inspector-General of Defence goes to the heart of two of the fundamentals of democracy: civilian control of the military and ministerial accountability to Parliament. This bill clarifies the scope and the direction of the work of the Inspector-General of Defence and the Inspector-General of Defence will be able to look at and define operational activities of the New Zealand Defence Force on its own initiative. The Minister of Defence Chief of Defence and Secretary of Defence will also be able to refer matters for their attention.The Inspector-General of Defence will support myself and my successors in facilitating crucial democratic oversight of the NZDF providing independent scrutiny. Essentially anyone will be able to raise concerns of potential wrongdoing with them and they will have full discretion over whether to act on those allegations. This will be an office which has the ability to investigate and assess to scrutinise and respond to look across systems and processes and to ask the important questions.This bill also provides clear guidance on how the inspector-general's work will complement rather than duplicate existing oversight mechanisms. All parts of the system must be able to interact appropriately as part of the wider ecosystem of oversight to minimise duplication. That is why this bill allows the inspector-general to consult and share information with a small number of bodies who have existing oversight of the NZDF's activities that may overlap or that have oversight of agencies that work closely with the NZDF on operational activities.The Operation Burnham inquiry began in 2018 and concluded in 2020. It was a thorough investigation and we accepted the recommendations in principle that same year. As members will recall we then moved swiftly to develop an overarching intent for the Inspector-General of Defence. We asked for feedback on the scope functions power and form of the inspector-general late last year. We then refined the details. We sought funding from Budget 2022 and began drafting the bill this year. We moved at pace to introduce this bill today because trust in our military is important. The people we deploy at a moment's notice need to be assured that those making those decisions are getting the right information at the right time and have the necessary oversight so that they can focus on the job at hand. The New Zealand Defence Force is nothing without those brave selfless and dedicated individuals. Our job is to protect them and their interests while they protect ours.The establishment of the Inspector-General of Defence speaks to the heart of this Government's priority of laying the foundations for a better future. Once appointed this role will work to strengthen public confidence and support New Zealand's international reputation by providing independent assurance that the NZDF's activities in a rapidly changing geostrategic environment are subject to dedicated independent oversight. It also supports one of the three priorities I have set for Defence and that is the priority of people. The increased transparency and accountability resulting from the establishment of the Inspector-General of Defence will ensure the reputation and credibility of the NZDF's people is maintained. The bill is also compatible with the tikanga of pono and kaitiakitanga. Once appointed I will be asking the Inspector-General of Defence to consider further how to incorporate tikanga values when determining how it acts and operates.As an independent statutory officer associated with the defence portfolio the Inspector-General of Defence will be appointed for a period of five years with a possible extension of another three years. They will be supported by a deputy who will be appointed for an initial three-year term. Both roles would be appointed by the Governor-General on the recommendation of the House of Representatives. The IGD will be able to employ staff appoint an advisory panel and procure external specialists' advice as it sees fit.There is no doubt this small but vital office will need to be nimble as it sets out its future work programme. It will be an office with appropriate accountability and New Zealand should expect that. It will produce a work programme which sets out its priorities and activities for the year ahead. It will also publish an annual report which will include details on the number of investigations assessments and inquiries undertaken as well as a brief description and outcome of each.The Inspector-General of Defence will also be subject to judicial review. As well as the Ombudsman and Privacy Commissioner oversight it will be subject to the Public Records Act and monitored by Archives New Zealand. This level of public accountability is proportionate to the Inspector-General of Defence's proposed scope and small size. It offers the lowest cost while providing the required independence. In keeping with the work the Inspector-General of Defence will be tasked to undertake there are some exceptions. While it will be subject to the Official Information and Privacy Acts there are provisions to ensure it can seek and receive information in confidence.When I announced my priorities and principles for Defence last year I made it clear that the principles of mana and pono were vital for Defence. That means that trust and integrity are the characteristics of our Defence Force and for their valuable assets which are people. The increased transparency and accountability resulting from the establishment of the Inspector-General of Defence will support this by ensuring the reputation and credibility of our Defence personnel is supported and maintained. I believe this bill will put in place a robust credible independent oversight body that will ensure all New Zealanders can continue to place their trust in the integrity of our defence forces a trust those who choose to serve so richly deserve. I commend this bill to the House.ASSISTANT SPEAKER (Hon Jenny Salesa): Kia ora. The question is that the motion be agreed to.