EXPLAINER: Inquiries

The government is constantly examining policies, conducting investigations, and holding inquiries of various kinds. Some are small, happening within departments and rarely becoming public knowledge. Others deal with significant public policy issues or questions of ethical behaviour by officials.

‍What is a Commission of Inquiry?

At the apex of the varying types of Inquiries, sit Commissions of Inquiry. These are independent investigative bodies appointed by the government to look into issues of public importance. Statutory Commissions of Inquiry were introduced in 1867 to enable thorough, credible investigations to be undertaken.

Today, Commissions of Inquiry are regulated by the Inquiries Act 2013 (“Act”).

The Act applies to three types of Inquiries:

1.       Royal Commissions;

2.       Public Inquiries; and

3.       Government Inquiries.

All three types of Inquiries can be used to investigate and report on “any matter of public importance”.

Royal Commissions and Public Inquiries hold the same wide-ranging powers and are both appointed by the Governor-General. According to the Cabinet Manual, Royal Commissions are typically reserved for the most serious and complex issues. Government Inquiries, established by Ministers, typically focus on narrower, more specific issues requiring a timely, independent response. They have more limited powers.

Powers and Scope

Inquiries must have Terms of Reference. The Act does not mandate what must be included in these but suggest it may set out any matters relevant to the scope and purpose of the Inquiry, procedural matters, and a reporting date or process for determining a reporting date. Terms of Reference often contain specific questions the Inquiry is tasked with answering.

Members of an Inquiry and an Inquiry itself, must act independently, impartially, and fairly. Inquiries are focused on fact-finding, and do not determine fault. However, their findings can inform other proceedings, and they can make recommendations to assess liability if required.

Inquiries can regulate their own procedure, and have powers to compel the production of documents and evidence, summon witnesses, and take evidence on oath (or affirmation). Protections applying to witnesses in Court proceedings, extend to Inquiries under the Act. Inquiries do not have powers of search and seizure.

Reporting‍

Every Inquiry under the Act requires the preparation and presentation of a final report. The final report must set out the findings and any recommendations. For Public Inquiries and Royal Commissions of Inquiry, the final report is to be presented by the appropriate Minister to Parliament.

There is no statutory requirement for Parliament to debate the report, but it is a matter of public record and typically the Government will make public statements outlining an initial position or intentions.

Advantages and Disadvantages

Statutory Inquiries build public trust in findings and recommendations with powers to compel evidence, rules around impartiality and independence, as well as the requirement that findings are published.

However, statutory Inquiries can be expensive and take time (sometimes years) to complete. There are some limits on their powers, findings are not binding, and they are often used as a political tool due to the fact they are initiated by the government.

Effectiveness of an inquiry largely rests on the design of the Terms of Reference (which define the scope and focus of the inquiry), resourcing (ensuring the inquiry has sufficient staff, expertise, and time to conduct a thorough investigation), and genuine government engagement with findings (demonstrating a commitment to considering and acting on the inquiry's recommendations).

Examples

Recent examples of Royal Commissions of Inquiry include the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions (established 2018), which is the largest inquiry ever undertaken in New Zealand, and the Royal Commission of Inquiry into COVID-19 Lessons Learned, launched in 2022 and continuing into 2026.

In 2018 there was a Public Inquiry into the Earthquake Commission following the Canterbury earthquakes, and the Government Inquiry into Mental Health and Addiction which had 38 of its 40 recommendations accepted in principle or for further consideration.  

Other Inquiries

It is worth noting that there are many types of Inquiries that are not regulated by the Inquiries Act 2013, including:

1. Ministerial Inquiries – these are established by a Minister (with the Prime Minister’s agreement), to investigate matters within the Minister’s portfolio. Participation in these Inquiries are voluntary. As an example, there was a non-statutory Inquiry completed in 2007 on local government rates; known as the “Shand Report”.
   ‍
2. Parliamentary Select Committee Inquiries – These can include full-scale investigations with written Terms of Reference, witness examination, and formal reporting, which are a core form of parliamentary oversight but are separate from statutory Inquiries. The rules for this type of Inquiry are in the Standing Orders. In 2024, the Finance and Expenditure Committee conducted an Inquiry into climate adaptation to enable Parliament to recommend a framework on how New Zealand will adapt to the effects of climate change.
   
3. Statutory Bodies with Inquiry powers – These are entities established by legislation with powers to conduct inquiries. Examples include; the Auditor-General, Law Commission, Independent Police Conduct Authority, Privacy Commissioner, Ombudsmen, Public Service Commissioner, and Coroner. The Waitangi Tribunal has unique status as a permanent standing commission of inquiry, established by the Treaty of Waitangi Act 1975.
   ‍

To understand more about Inquiries, please contact Director Brigitte Morten.

‍