The Commission will review and update the law relating to public inquiries in New Zealand. This review will include inquiries established as Royal Commissions and other commissions established under the Commissions of Inquiry Act 1908, Ministerial inquiries, ad hoc inquiries under specific statutes, and departmental inquiries.
The paper will not look at inquiries conducted by Select Committees, the Ombudsman, Auditor-General or by standing commissions including the Law Commission, Human Rights Commission, Privacy Commission, Health and Disability Commission, Securities Commission and Commerce Commission.
It will also not specifically consider tribunals and other agencies which exercise powers derived from the Commissions of Inquiry Act, except to the extent they will be affected by any suggested changes to that legislation. Examples of these include the Broadcasting Tribunal, Transport Accident Investigation Authority, Maritime Safety Authority and Waitangi Tribunal.
The report will consider in particular the following issues:
- Purpose and role of inquiries;
- The way inquiries are established and their composition;
- Whether the legislation should extend to all public inquiries;
- Procedure at inquiries, including adversarial or inquisitorial approaches and possible standardisation;
- Powers of inquiries, including summonsing witnesses etc and contempt;
- Impact of the New Zealand Bill of Rights Act 1990 including natural justice requirements;
- Secrecy and impact of the Official Information Act 1982;
- Rules relating to evidence and potential impact of a new Evidence Act;
- Immunities and privileges of commissioners and witnesses;
- Review by the courts, including stating a case;
- Standing of parties / persons interested in the inquiry;
- Role of counsel for parties and counsel assisting;
- Costs and fees;
- Role of Secretariat.
The Commission will produce a draft report for circulation and discussion followed by a
final report and draft legislation.
