Procedure for Inquiry
[ Last Updated 13 January 2006 ]
This statement of procedure has been adopted by the Inquiry pursuant to authority, delegated from the Minister in the terms of reference, to determine the procedure and practice of the Inquiry.
It is intended to provide both a guideline and an operative statement, but the procedure may be varied in particular instances.
General Procedure
The Inquiry has notified its programme of work by public notices inserted in the New Zealand Herald and posted this on the website. Having obtained and published a technical report, as directed by the Minister, submissions have been invited, and the Inquiry will consider those submissions.
The Inquiry will hold public sittings in Auckland. The Inquiry may also seek information from persons, whether they have made submissions or not. Information may be sought and obtained by correspondence, or by personal communication. This may occur before, during, or after the public sittings.
The Inquiry will obtain and consider such technical, expert, and other advice as it thinks appropriate. Where necessary this will be referred to those affected by it for response.
Except where the Inquiry determines otherwise, the technical reports, supporting documents held by the Inquiry, submissions, and other communications to the Inquiry will be publicly available. Where possible, information in full or summary form will be published on the website established by the Inquiry ( www.moc.govt.nz/inquiry )
Sittings of the Inquiry
It is already apparent to the Inquiry that information from the technical reports, written submissions received and to be received, and other material will need to be considered at meetings with persons providing that information, and others affected by it.
To undertake this in an organised manner, and one which is publicly accessible, the Inquiry has decided to hold public sittings at The Sorrento in the Park Conference Centre in Auckland between 26 May and 5 June.
Daily Sitting Times
| Mornings: | 9.30 am - 1.00 pm |
| Afternoons: | 2.00 pm - 4.30 pm. |
The Inquiry is an investigation not a Court. The public sittings it holds are for its purposes in considering information and submissions presented to it.
In general, the Inquiry intends to follow a similar procedure in these sittings to that followed by select committees of Parliament. Where this procedure does not provide for a matter, the Inquiry will consider the practices adopted by select committees as a guide.
The Inquiry will invite persons to attend, at stated times, to support, discuss or respond to matters raised in the submissions or by the Inquiry. There is no power to compel attendance, or to compel the production of any documents or other information.
It must not be assumed that any particular persons will be invited to attend, or given an opportunity to meet with the Inquiry. All relevant information must be included in the written submissions lodged with the Inquiry. This will ensure that all matters are brought to the attention of all persons affected by the investigation, and that they have an opportunity to respond to this material. Such response may be in writing, or by requesting time at the public sittings, or both.
Persons attending the public sittings may be accompanied by legal or other advisers. Such persons are there to advise and assist those attending. The sittings are not hearings, there are no parties to the process, there are no rights of appearance, and there will be no cross-examination or other interchange between the different persons involved. However the role and value of expert counsel in the presentation of material is acknowledged, and legal advisers may participate in such presentations accordingly.
If a person invited to attend the Inquiry desires to make an opening statement, this must be arranged in advance. Persons may be requested to return from time to time to assist in respect of further issues and lines of inquiry. It is intended to allow those directly affected by the terms of reference to present any additional material arising from the sittings at the conclusion on 5 June.
Procedure at Sittings
Sittings of the Inquiry are conducted by the Inquiry under the delegated authority of the Minister. They will be open to the public, but entry is on condition that those attending conform to the Inquiry procedure. The Inquiry may hold all or any part of any sitting in private, or with the attendance of nominated persons only. The Inquiry may sit in private with or without recognised journalists present. Any person present may be directed to leave, for stated reason, by the Inquiry.
A real time electronic transcript will be available. Where any person attending the sitting wishes to obtain electronic access to that transcript, arrangements must be made with the contractor providing the transcription service. The contractor details can be obtained from the Inquiry Secretariat.
Copies of the technical reports, submissions, and a transcript of the sittings of the Inquiry can be obtained from the appointed document copying agents of the Inquiry, Plan and Print, PO Box 9887, Newmarket, Auckland. Phone 09-523 1023, fax 09-523 3114. Email: copy@planandprint.co.nz on payment of copying and delivery charges.
Persons providing information at the sittings will do so voluntarily. They will not be sworn, and there are no special statutory provisions as to confidentiality, privilege, or immunity. The general law on these matters applies and any person concerned as to their position should take their own advice. If a person wishes to take an oath or make a declaration, this will be permitted. The Inquiry may ask that information given orally be committed to writing; and that copies of the transcript of evidence or written submission be signed correct by the person or persons who gave the information.
Persons particularly affected by the terms of reference who wish to be present throughout the public sittings may make reasonable arrangements with the secretariat for a position in the conference room, and where possible a table and other suitable facilities will be provided.
The media may attend. Unless otherwise directed by the Inquiry, all matters may be reported without restriction. It will be the responsibility of the media to ensure that it holds consent of those appearing before the Inquiry to the use of their material. If such consent is not given in any case, then that limitation will have to be accepted by the media. Subject to this, electronic media may tape the sound content and visual content occurring in the conference room. One television camera per television organisation will be permitted, to be operated from a single fixed position to be agreed in advance with the Inquiry. Any lighting or sound equipment must be so placed as not to obstruct or otherwise affect the work of the Inquiry.
While the Inquiry expects that all three members will be present during sittings, this is not a requirement of the terms of reference and particular aspects of the investigation may be conducted by two or one members of the Inquiry.
Hugh Rennie QC
Chairman
13 May 1998
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