The Government has reviewed the scope and operation of the Royal Commission of Inquiry into Lessons Learned from Aotearoa New Zealand’s Response to COVID-19 That Should Be Applied in Preparation for a Future Pandemic (the inquiry) and considers that some matters of public concern about that response are not adequately addressed in the inquiry’s phase 1 terms of reference.

Public consultation in 2024 on potential matters for terms of reference for a new or expanded inquiry indicated a broad range of concerns. Some of these are being or will be addressed by phase 1 of the inquiry.

The Government therefore reaffirms its Coalition Agreement commitment to expand the scope of the inquiry.

The Government has established phase 2 of the inquiry to provide further recommendations on actions that will strengthen New Zealand’s pandemic preparedness. Phase 2 of the inquiry will critically assess key decisions taken by the Government in response to COVID-19 during 2021 and 2022, and the associated economic responses.

The matter of public importance that the inquiry is directed to examine is the lessons learned from Aotearoa New Zealand’s response to COVID-19 that should be applied in preparation for any future pandemic.

The purpose of the inquiry is to strengthen Aotearoa New Zealand’s preparedness for, and response to, any future pandemic by identifying those lessons learned from New Zealand’s response to COVID-19 that should be applied in preparation for any future pandemic.

In phase 2, the inquiry must review the key decisions taken by Government in New Zealand’s response to COVID-19 during 2021 and 2022. The review must be limited to decisions regarding—

• the use of vaccines in response to COVID-19, specifically—

  • vaccine mandates:

  • the approval of specific COVID-19 vaccines:

  • vaccine safety, including the monitoring and reporting of adverse reactions:

• the imposition and maintenance of lockdowns during this period, and specifically the national lockdown in August and September 2021, and the extended lockdown in Auckland and Northland in September 2021:

• the procurement, development, and distribution of testing and tracing technologies and non-pharmaceutical public health materials, specifically the impact of private sector involvement or non-involvement.

For the purposes of these terms of reference, a key decision is a decision that has a potential or actual significant impact on large numbers of people or groups of people, or that has a significant cost at a national or regional level (or both).

In reviewing those decisions, the inquiry must assess—

• whether those decisions were sufficiently informed by advice on any social and economic disruption such decisions were likely to cause, and in particular the effect those decisions might have on—

  • social division and isolation:

  • health and education:

  • inflation, debt, and business activity:

• whether those decisions reflected the advice that was given to decision makers at the time:

• whether those decisions took account of the experience and evolving practices from comparable jurisdictions:

• whether those decisions struck a reasonable balance between COVID-19 public health goals and minimising social and economic disruption:

• whether those decisions produced unforeseen consequences.

The inquiry may assess these matters, having regard to New Zealand’s circumstances, what was known at the time, and relevant decisions made by comparable jurisdictions.

The inquiry must only consider key decisions made on these matters between February 2021 and October 2022, and not outside those months, though it may have regard to any consequences of those decisions that were not apparent until after October 2022.

Despite subclause (5), the inquiry may consider key decisions made relating to vaccines before February 2021, provided those decisions otherwise fall within these terms of reference.

The inquiry should make, in relation to the matters within the scope of phase 2,—

• findings on whether key decisions were well informed, and whether those decisions had unforeseen consequences:

• recommendations on considerations that should be taken into account in future decisions to best prepare New Zealand to respond to any future pandemics.

The following matters are outside the scope of the inquiry in phase 2:

• particular clinical decisions made by clinicians or by public health authorities during the COVID-19 pandemic:

• how and when the strategies and other measures devised in response to COVID-19 were implemented or applied in individual cases:

• the operation of the general regulatory system for vaccines, and the approval of vaccines unrelated to COVID-19:

• the specific epidemiology of the COVID-19 virus and its variants:

• the recent reforms to New Zealand’s health system, including the organisational arrangements for public health services:

• the judgments and decisions of courts and tribunals and independent agencies such as the Ombudsman, the Privacy Commissioner, or the Independent Police Conduct Authority relating to the COVID-19 pandemic:

• the operation of individual private sector businesses, except where those businesses deliver services integral to a pandemic response:

• particular decisions taken by the Reserve Bank’s independent monetary policy committee during the COVID-19 pandemic:

• any adaptation of court procedures by the judiciary during the COVID-19 pandemic:

• any adaptation of parliamentary processes during the COVID-19 pandemic:

• the conduct of the general election during the COVID-19 pandemic.

In accordance with section 11 of the Inquiries Act 2013, the inquiry does not have the power to determine the civil, criminal, or disciplinary liability of any person.

In accordance with section 14 of the Inquiries Act 2013, the inquiry must comply with the principles of natural justice and avoid unnecessary delay or costs.

The inquiry must operate in a way that—

• does not take a legalistic and adversarial approach:

• uses information that is publicly available:

• uses efficient procedures to gather any additional necessary information:

• ensures that any request for necessary information is specified with due particularity.

Subject to subclause (2), the inquiry may conduct public hearings into any part of its terms of reference only if it considers that such hearings will significantly enhance public confidence in the processes of the inquiry, the conclusions it reaches, and the recommendations it makes.

The inquiry should review investigations, reports, and reviews (both domestic and international) and any other publicly available material relevant to these terms of reference.

The inquiry must not duplicate or repeat work already undertaken in any other investigation, report, or review.

The inquiry is not bound by the conclusions or recommendations of any other investigation, report, or review.

The inquiry should consider international investigations, reports, and reviews and other material, without travelling internationally or inviting persons to travel to New Zealand.

Although the matter of public importance for phases 1 and 2 of the inquiry is the same, the terms of reference for phases 1 and 2 of the inquiry are different, and the processes for each phase differ because—

• phase 1 of the inquiry has been conducted in private, with persons appearing before it on conditions of confidentiality:

• phase 1 of the inquiry has made interim non-publication orders under section 15 of the Inquiries Act 2013, and is contemplating permanent non-publication orders under that section:

• phase 2 of the inquiry may, in accordance with these terms of reference, conduct public hearings.

Phase 2 of the inquiry must consider the report on phase 1 of the inquiry, and any other publicly available information received during phase 1 of the inquiry, but must not duplicate or repeat work undertaken during phase 1 of the inquiry.

Phase 2 of the inquiry may reach different conclusions or make different recommendations from those set out in the report on phase 1 of the inquiry, but only on matters falling within the scope of phase 2 of the inquiry. All findings and recommendations in the report on phase 2 of the inquiry must be based on the evidence available to and received during phase 2 of the inquiry.

Phase 2 of the inquiry will not access or have regard to any material that is subject to orders made by phase 1 of the inquiry under section 15 of the Inquiries Act 2013, or to the internal deliberations of phase 1 of the inquiry.

The inquiry must restrict access to inquiry information where it considers such steps are required in order to—

• protect the international relations of the Government of New Zealand:

• protect the confidentiality of information provided to New Zealand on a basis of confidence by any other country or international organisation:

• avoid prejudice to the maintenance of the law, including the prevention, investigation, and detection of offences:

• ensure that current or future criminal, civil, disciplinary, or other proceedings are not prejudiced:

• protect commercially sensitive information, including commercial information subject to an obligation of confidence:

• protect information for any other reason that the inquiry considers appropriate.

The inquiry must—

• support the relevant department (the Department of Internal Affairs) to meet its administrative and reporting requirements relevant to the inquiry by providing the department with regular information and reports on the administration and finances of the inquiry:

• provide a quarterly report to the Minister of Internal Affairs on progress on delivery of the findings and recommendations required under these terms of reference that—

  • sets out the critical activities the inquiry needs to complete:

  • reports on—

    • the expected cost of completing the activities:

    • the expected timing for completing the activities:

    • the progress towards completing the activities (including costs to date):

  • explains what steps the inquiry is taking, or proposing to take, to mitigate any risk that it may not complete its activities in accordance with these terms of reference.

The inquiry may begin considering evidence relating to the matters that are within the scope of phase 2 on 29 November 2024.

The inquiry must deliver its report on phase 2 by 26 February 2026.