Inquiries Act 2013

1: Title
This Act is the Inquiries Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
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 15
b: the continuing application of the remaining provisions of the Commissions of Inquiry Act 1908
4: Interpretation
In this Act, unless the context otherwise requires,— appointing Minister section 6(3) appropriate Minister core participant section 17 document section 4(1) establishment instrument
a: an Order in Council made under section 6(2)
b: a Gazette section 6(3) expert opinion government inquiry section 6(3) information inquiry section 6 member section 6 officer of an inquiry public inquiry
a: means an inquiry established under section 6(2)
b: includes a Royal commission relevant department
a: the Department of Internal Affairs; or
b: another department of State, if the other department is appointed, under the terms of reference for the inquiry, to be responsible for administrative matters relating to the inquiry.
5: Act binds the Crown
This Act binds the Crown.
2: Establishment and membership of inquiry
6: Types of inquiry
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: One or more Ministers may, by notice in the Gazette
4: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Establishment instrument to establish inquiry
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
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.
8: Removal from office
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
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.
9: Vacancy in membership of inquiry
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
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.
4: An order under subsection (2)﻿(c)﻿(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Duties, powers, immunities, and privileges
Duties and powers of inquiry generally
10: Inquiry must act independently, impartially, and fairly
In exercising its powers and performing its duties under this Act, an inquiry and each of its members must act independently, impartially, and fairly.
11: Limits to scope of power of inquiry
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. Reporting obligation
12: Reporting by inquiry
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). Counsel assisting
13: Counsel to assist inquiry
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. Powers and duties of inquiry relating to procedure
14: Regulation of inquiry procedure
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: comply with the 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.
3: 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.
4: Without limiting subsections (1) to (3), 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.
15: Power to impose restrictions on access to inquiry
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 benefits of observing the principle of open justice; and
b: the risk of prejudice to public confidence in the proceedings of the inquiry; and
c: the need for the inquiry to ascertain the facts properly; and
d: the extent to which public proceedings may prejudice the security, defence, or economic interests of New Zealand; and
e: the privacy interests of any individual; and
f: 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
g: 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.
16: Power to postpone or temporarily suspend inquiry
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)
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. Persons participating in inquiry
17: Designation of core participants
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. Legal assistance
18: Recommendation as to legal assistance
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
a: legal representation; or
b: legal advice or help (for example, help with drafting submissions to an inquiry); or
c: both. Evidential matters
19: Evidence
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.
20: Powers to obtain information
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.
21: Delegation
An inquiry may delegate in writing to an officer of the inquiry the powers of the inquiry under sections 19(b) 20(b)
22: Disclosure of evidence
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.
23: Power to summon witnesses
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 25
d: the penalty for failing to attend.
24: Service of summons to witnesses
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 2016 Section 24(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
25: Expenses of witnesses and other participants
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.
2: An inquiry may reimburse other persons who participate in an inquiry for their reasonable costs and travelling expenses at the level the inquiry determines.
3: 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. Immunities and privileges
26: Immunity of inquiry
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 21
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.
27: Other immunities and privileges of participants
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
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.
4: Sanctions and miscellaneous matters
1: Sanctions able to be imposed by or on behalf of inquiry
Orders for award of costs
28: Award of costs
1: An inquiry may, on its own initiative or on the application of any person, by order make an award of costs against any person participating in, or summoned to appear before, the inquiry if it is satisfied that the conduct of the person against whom the order is made has unduly lengthened or obstructed the inquiry or has added undue cost to the inquiry.
2: Subsection (1) applies whether or not an inquiry holds any hearings.
3: An inquiry may—
a: set the award of costs at any level it thinks reasonable, having regard to all the circumstances; and
b: require the costs to be paid, in whole or in part,—
i: to the inquiry; or
ii: to 1 or more persons who participated in the inquiry; or
iii: to the parties referred to in both subparagraphs (i) and (ii)
4: An order for an award of costs made under this section, if filed in the registry of any court of competent jurisdiction, becomes enforceable as a judgment of that court in its civil jurisdiction.
5: A person who is dissatisfied with an order made under subsection (1) may appeal the order to the High Court on a question of fact or law.
6: A decision of the High Court on appeal under this section is final. Offences and penalties
29: Offences
1: Every person commits an offence who intentionally—
a: fails to attend the inquiry in accordance with the notice of summons:
b: refuses to be sworn or to affirm and give evidence:
c: fails to produce any document or thing required by order of the inquiry:
d: destroys evidence or obstructs or hinders any person authorised to examine, copy, or make a representation of a document or thing required by order of an inquiry:
e: fails to comply with a procedural order or direction of an inquiry, including an order made under section 15(1)
f: disrupts the proceedings of an inquiry:
g: prevents a witness from giving evidence or threatens or seeks to influence a witness before an inquiry:
h: provides false or misleading information to an inquiry:
i: threatens or intimidates an inquiry, a member of an inquiry, or an officer of an inquiry.
2: However, a person does not commit an offence under subsection (1)﻿(a) to (e) if—
a: compliance would be prevented by a privilege or immunity that the person would have as a witness or counsel, were that person giving evidence or acting as counsel in civil proceedings before a court; or
b: compliance is prevented by an enactment, rule of law, or order of a court prohibiting or restricting disclosure, or the manner of disclosure, of any document, information, or thing; or
c: compliance would be likely to prejudice the maintenance of the law, including the prevention, detection, investigation, prosecution, or punishment of offences, including the right to a fair trial.
30: Penalties
Every person who commits an offence against section 29(1) Contempt against inquiry
31: Application of Contempt of Court Act 2019
1: The Solicitor-General, on the Solicitor-General’s own initiative or at the request of an inquiry, may commence proceedings in the High Court—
a: under subpart 4
b: under the inherent jurisdiction of the High Court to punish any contempt of an inquiry or enforce its processes, as described in section 26(3)
2: In determining any proceedings commenced under subsection (1), the court may make any orders that it considers necessary and just to enable the inquiry to fulfil its purpose. Section 31 replaced 26 August 2020 section 29 Contempt of Court Act 2019
2: Miscellaneous matters
Official Information Act 1982 and Public Records Act 2005
32: Application of Official Information Act 1982
1: When an inquiry has reported in accordance with section 12 Official Information Act 1982
2: However, the following are not official information for the purposes of the Official Information Act 1982
a: any matter subject to an order under section 15(1)﻿(a)
b: any documents that relate to the internal deliberations of the inquiry and are—
i: created by a member of an inquiry in the course of the inquiry; or
ii: provided to the inquiry by an officer of the inquiry.
33: Application of Public Records Act 2005
1: An inquiry is a public office for the purposes of the Public Records Act 2005
2: As soon as is reasonably practicable after an inquiry has reported under section 12,
a: the Chief Archivist must authorise the disposal of the public records of the inquiry under section 20
b: the relevant department must dispose of the public records of that inquiry in accordance with the authority issued by the Chief Archivist.
3: The Chief Archivist may accept the transfer of any things from an inquiry to the control of the Chief Archivist, even though that thing is not a public record.
4: In determining, for the purposes of Part 3 section 15(1)
5: In this section, public record section 4 Court proceedings
34: Reference of questions of law to High Court
1: An inquiry may, at any time, state a case to the High Court on any question of law arising in any matter before the inquiry.
2: If an inquiry exercises the power under subsection (1), it may either—
a: continue the inquiry, pending the decision of the High Court; or
b: adjourn the inquiry until that court has delivered its decision.
3: A question referred to the High Court under this section must be in the form of a case stated—
a: as consulted on and agreed by the core participants and the members of the inquiry; or
b: if there is no agreement or there are no core participants, as settled by the inquiry.
4: The decision of the High Court is final and binding on an inquiry and on all persons participating in the inquiry.
35: Inquiry to be cited in judicial review proceedings
In any application for judicial review of an inquiry under this Act, the inquiry, and not the chairperson or members of that inquiry, must be cited as the respondent. Review required
36: Review of continuing application of Commissions of Inquiry Act 1908
1: Not later than 5 years after the commencement of this Act, the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act must ensure that a review is commenced, in relation to the entities referred to in section 38(2)﻿(b)
a: what powers each entity requires to carry out its functions and duties; and
b: what changes to the law are necessary to replace any powers an entity derives from the Commissions of Inquiry Act 1908
2: The purpose of the review required by this section is to consider whether the remaining provisions of the Commissions of Inquiry Act 1908 Repeal, transitional provisions, and consequential amendments
37: Commissions of Inquiry Act 1908
Sections 2 15 2013-08-27 Commissions of Inquiry Act 1908
38: Transitional provision
1: This Act does not apply to a Royal commission that has not completed its functions and obligations before the commencement of this Act.
2: The Commissions of Inquiry Act 1908
a: any commission of inquiry or Royal commission appointed under that Act that has not completed its functions and obligations before the commencement of this Act; and
b: any entity that is or may be established under an enactment that is, or that (with or without modification) corresponds to or replaces, Schedule 1 Commissions of Inquiry Act 1908 Section 38(2)﻿(b) amended 26 November 2018 section 459 Social Security Act 2018
39: Consequential amendments to other Acts
The Acts specified in Schedule 2 2013-08-27 Commissions of Inquiry Act 1908 Copyright Act 1994 Coroners Act 2006 Health Practitioners Competence Assurance Act 2003 Maori Language Act 1987 New Zealand Public Health and Disability Act 2000 New Zealand Sign Language Act 2006 Official Information Act 1982 Privacy Act 1993 Transport Accident Investigation Commission Act 1990