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Inspector-General of Defence Act 2023

Investigations and assessments

16: Initiation of investigation or assessment by Inspector-General

You could also call this:

"How the Inspector-General starts an investigation or assessment"

Illustration for Inspector-General of Defence Act 2023

When you start an investigation or assessment, the Inspector-General must develop a plan. This plan includes what the investigation or assessment is for, and how they considered their obligations under section 9. The Inspector-General also talks to the Secretary of Defence and the Chief of Defence Force about the plan. The Inspector-General then finalises the plan and tells the Minister, the Secretary of Defence, and the Chief of Defence Force about it, unless it is already in their annual work programme under section 53. When the Inspector-General tells them, they must include the final plan and give at least 5 working days' notice of any public announcement. This helps everyone know what is happening and when.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS740694.

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"The Inspector-General can choose not to investigate something that has been asked for."

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17: Commencement of investigation or assessment on request, or

"Asking for an Investigation or Assessment to Start"

Part 3Investigations and assessments

16Initiation of investigation or assessment by Inspector-General

  1. When initiating an investigation or assessment, the Inspector-General must—

  2. develop draft terms of reference for it, including statements regarding—
    1. the purpose of the investigation or assessment; and
      1. how the Inspector-General has had regard to the obligations in section 9 in relation to the investigation or assessment; and
        1. the key issues to be considered; and
          1. the Inspector-General’s proposed approach to the investigation or assessment; and
            1. in the case of an assessment, any legislation, policies, processes, standards, or obligations owed by New Zealand under international law by reference to which the assessment will be conducted; and
              1. an estimated time frame for completing the investigation or assessment; and
              2. consult the Secretary of Defence and the Chief of Defence Force on the draft terms of reference; and
                1. finalise the terms of reference, having regard to any comments provided by the Secretary of Defence and the Chief of Defence Force; and
                  1. notify the Minister, the Secretary of Defence, and the Chief of Defence Force of the Inspector-General’s intention to begin the investigation or assessment, unless it is included in the Inspector-General’s annual work programme under section 53.

                    1. A notification under subsection (1)(d) must include—

                    2. the finalised terms of reference; and
                      1. at least 5 working days’ notice of any public announcement of the investigation or assessment.

                        Notes
                        • Section 16(1)(d): editorial change made by the PCO, on , under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).