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

recognising and providing for Royal commissions established under the Royal prerogative; and

enabling those inquiries to be carried out effectively, efficiently, and fairly.

how an inquiry is set up and its members are to be appointed; and

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

the protection available for witnesses and counsel appearing before an inquiry; and

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

provision for recourse to the court by, or in relation to, an inquiry; and

sanctions that may be applied by or on behalf of an inquiry.

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

the continuing application of the remaining provisions of the Commissions of Inquiry Act 1908 in specified circumstances.

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:

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

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

specify the matter of public importance that is the subject of the inquiry; and

name the person or persons appointed to be members of the inquiry; and

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

specify the date when the inquiry may begin considering evidence.

in the establishment instrument; or

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.

any matters relevant to the scope and purpose of the inquiry; and

any administrative or procedural matters; and

a reporting date, provisional reporting date, or process for determining a reporting date.

due to the misconduct of the member; or

if the member is unable to perform the functions of office; or

if the member has neglected his or her duty.

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

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

the inquiry may be terminated,—

findings of fault; or

recommendations that further steps be taken to determine liability.

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

in the case of a government inquiry, to the appointing Minister.

the findings of the inquiry; and

any recommendations of the inquiry.

present a report that excludes the information that would interfere with the administration of justice; or

delay presentation of the report.

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

the nature of the subject matter of the inquiry; and

the procedures most appropriate for carrying out the terms of reference.

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

consult the inquiry on—

by this Act; or

in the terms of reference of the inquiry.

comply with the principles of natural justice; and

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

is aware of the matters on which the proposed finding is based; and

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

whether to conduct interviews, and if so, who to interview:

whether to call witnesses, and if so, who to call:

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

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

whether to receive oral or written evidence or submissions and the manner and form of the evidence or submissions:

whether to allow or restrict cross-examination of witnesses.

forbid publication of—

restrict public access to any part or aspect of the inquiry:

hold the inquiry, or any part of it, in private.

the benefits of observing the principle of open justice; and

the risk of prejudice to public confidence in the proceedings of the inquiry; and

the need for the inquiry to ascertain the facts properly; and

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

the privacy interests of any individual; and

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

any other countervailing interests.

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

the inquiry is satisfied that to commence or continue the inquiry would be likely to prejudice—

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

has a significant interest in a substantial aspect of the matters to which the inquiry relates:

may be subject to explicit or serious criticism during the inquiry or in the report.

who wish, or who are required, to appear before the inquiry; or

who have an interest in the inquiry.

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

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

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

any other matters relating to the public interest.

grant funding for the legal assistance recommended under that subsection; and

impose any conditions that he or she considers appropriate.

legal representation; or

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

both.

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

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

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.

require any person to—

examine any document or thing that is produced by a witness:

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—

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

must not make orders for general discovery.

any disclosure required under that subsection; and

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

the place where, and the date and time when, the person is to attend; and

the documents or things in that person’s possession or control that he or she is required to produce to the inquiry; and

the person’s entitlement to be paid costs and travelling expenses, in accordance with section 25; and

the penalty for failing to attend.

by an inquiry on its own initiative, by that inquiry; or

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

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

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.

the inquiry were a civil proceeding; and

every reference to a Judge were a reference to an inquiry.