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Inquiries Act 2013

Establishment and membership of inquiry

7: Establishment instrument to establish inquiry

You could also call this:

"Setting up an inquiry: creating a plan to investigate an important public matter"

Illustration for Inquiries Act 2013

When you want to set up an inquiry, you need to create a document that explains what the inquiry is about. This document must say what important public matter the inquiry will look at, who will be on the inquiry team, and who will be in charge of the team if there is more than one person. It must also say when the inquiry can start looking at evidence. You cannot start looking at evidence before the terms of reference are made public. The terms of reference are like a guide that explains what the inquiry will do and how it will work, and they must be made public in the establishment document or in the Gazette, which is like a official newspaper, as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5538906.

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"When someone in charge can take away your job on a public inquiry"

Part 2Establishment and membership of inquiry

7Establishment instrument to establish inquiry

  1. The establishment instrument to establish an inquiry must—

  2. specify the matter of public importance that is the subject of the inquiry; and
    1. name the person or persons appointed to be members of the inquiry; and
      1. if more than 1 person is appointed to the inquiry, name the person who is to be the chairperson of the inquiry; and
        1. specify the date when the inquiry may begin considering evidence.

          1. However, an inquiry must not begin considering evidence before the terms of reference are notified under subsection (3).

          2. The terms of reference for an inquiry must be notified—

          3. in the establishment instrument; or
            1. 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.

              1. The terms of reference may set out any matters relevant to the inquiry, including matters such as—

              2. any matters relevant to the scope and purpose of the inquiry; and
                1. any administrative or procedural matters; and
                  1. a reporting date, provisional reporting date, or process for determining a reporting date.

                    1. The appointing Minister or appropriate Minister, as the case may be, may amend the terms of reference by notice in the Gazette.

                    2. Before terms of reference may be notified under subsection (3) or amended under subsection (5), the appointing Minister or appropriate Minister, as relevant, may consult the person appointed to the inquiry or appointed to be the chairperson of the inquiry.