On 15 March 2019, an individual attacked the Al-Noor Mosque and the Linwood Islamic Centre in Christchurch while worshippers were at prayer. Fifty-one people were killed and over 50 others injured, some seriously. An individual has been charged with offences in relation to the attack and awaits trial¹.

The Government has announced that a Royal Commission will be appointed to inquire into what relevant State sector agencies knew about the individual’s activities before the terrorist attack, what, if anything, they did with that information, what measures agencies could have taken to prevent the terrorist attack, and what measures agencies should take to prevent such terrorist attacks in the future.

The inquiry needs to report on these matters urgently so that the Government has an independent and authoritative report on these matters to reassure the New Zealand public, including its Muslim communities, that all appropriate measures are being taken by relevant State sector agencies to ensure their safety and protection.

The Government expects the inquiry to connect with New Zealand’s Muslim communities on these matters.

The Government has received assurances and expects that all relevant State sector agencies, officers, and employees will do their utmost to co-operate with the inquiry given the importance of the issues it is charged with examining and reporting on.

The matter of public importance that the inquiry is directed to examine is—

In order to achieve its purpose, the inquiry must inquire into—

The inquiry must report its findings on the following matters:

The inquiry must make any recommendations it considers appropriate on the following:

To avoid doubt, recommendations may concern legislation (but not firearms legislation), policy, rules, standards, or practices relevant to the terms of reference, maintaining consistency with the widely accepted values of a democratic society.

In accordance with section 11 of the Inquiries Act 2013, the inquiry has no power to determine the civil, criminal, or disciplinary liability of any person but may, in exercising its powers and performing its duties, make findings of fault or recommendations that further steps be taken to determine liability.

The inquiry must not inquire into the guilt or innocence of any individual who has been, or may be, charged with offences in relation to the terrorist attack.

The inquiry must not inquire into, determine, or report in an interim or final way on, any of the following matters:

The inquiry may take account of the outcome of any other investigation or review into matters relevant to its terms of reference, but is not bound in any way by the conclusions or recommendations of any such investigation.

The inquiry may consult with other entities or persons, including the Inspector-General of Intelligence and Security, if it considers that consultation will assist it to perform its duties.

The Government expects that the inquiry will appoint a suitably qualified person or persons to assist the inquiry in its dealings with New Zealand’s Muslim communities, and that the inquiry will consult those communities whenever it needs to do so in order to discharge its responsibilities.

In conducting its inquiry, the inquiry is expected to consider evidence of—

Subject to the need to report effectively on the matters set out in these terms of reference, the inquiry is directed to exercise its powers and perform its duties and report in such a way as to minimise the possibility that its processes or its report, or any part of it, is used by any individual or group (including the individual who has been charged with offences in relation to the terrorist attack) to promote unlawful activities, or otherwise to damage the public interest.

The matters the inquiry is charged with investigating directly concern the operational practices of relevant State sector agencies, including intelligence and security agencies, which are and must remain confidential in the public interest in order to ensure public safety, to avoid prejudice to the international relations of the Government of New Zealand and the entrusting of information to the Government of New Zealand on a basis of confidence, and for the maintenance of the law.

Accordingly, the inquiry must, wherever it considers it necessary to preserve such confidentiality, hold the inquiry, or any part of it, in private. The inquiry must also restrict access to inquiry information (including evidence, submissions, rulings, hearing transcripts, and the identity of witnesses or other persons) where it considers such steps are required—

The inquiry report must not disclose sensitive information (as defined in section 202 of the Intelligence and Security Act 2017).

The inquiry must present its report, including its findings and recommendations, to the Governor-General, in writing, on 31 July 2020, or such earlier or later date as is determined by the Minister of Internal Affairs, after consultation with the Attorney-General and the chairperson of the inquiry.

Having regard to the need to ensure that any steps to ensure public safety are taken without delay, once appointed the inquiry is directed to consider, with all possible urgency, whether it should make interim recommendations to the Governor-General, and, if so, when those interim recommendations might be made, and to present those recommendations to the Governor-General at any time before presenting its final report.

The inquiry must, before presenting its final report, determine whether there are any matters arising from its inquiry—

if so, it should seek to report or report accordingly.