Purpose of the Inquiry
6.1. Seek to establish the facts in connection with the allegations of wrongdoing on the part of NZDF personnel during the Operations;
6.2. Examine the treatment by NZDF of reports of civilian casualties following Operation Burnham;
6.3. Examine the circumstances of Qari Miraj’s transfer and/or transportation to the Afghanistan National Directorate of Security;
6.4. Examine the extent to which NZDF rules of engagement authorised the predetermined and offensive use of force, whether this was apparent to those approving the rules of engagement, and whether NZDF’s application of this aspect of the rules of engagement changed;
6.5. Report its findings and any recommendations to the Attorney-General as appointing Minister.
Scope of the Inquiry
7.1. The conduct of NZDF forces in Operation Burnham, including compliance with the applicable rules of engagement and international humanitarian law;
7.2. The assessment made by NZDF as to whether or not Afghan nationals in the area of Operation Burnham were taking direct part in hostilities or were otherwise legitimate targets;
7.3. The conduct of NZDF forces in the return operation to Tirgiran Valley in October 2010;
7.4. The NZDF’s planning and justification/basis for the Operations, including the extent to which they were appropriately authorised through the relevant military chains of command, and whether there was any Ministerial authorisation of the Operations;
7.5. The extent of NZDF’s knowledge of civilian casualties during and after Operation Burnham, and the content of written NZDF briefings to Ministers on this topic;
7.6. Public statements prepared and/or made by NZDF in relation to civilian casualties in connection with Operation Burnham;
7.7. Steps taken by NZDF after Operation Burnham to review the conduct of the operation;
7.8. Whether NZDF’s transfer and/or transportation of suspected insurgent Qari Miraj to the Afghanistan National Directorate of Security in Kabul in January 2011 was proper, given (amongst other matters) the June 2010 decision in R (oao Maya Evans) v Secretary of State for Defence  EWHC 1445;
7.9. Separate from the Operations, whether the rules of engagement, or any version of them, authorised the predetermined and offensive use of lethal force against specified individuals (other than in the course of direct battle), and if so, whether this was or should have been apparent to (a) NZDF who approved the relevant version(s) and (b) responsible Ministers. In particular were there any written briefings to Ministers relevant to the scope of the rules of engagement on this point; and
7.10. Whether, and the extent to which, NZDF’s interpretation or application of the rules of engagement, insofar as this involved such killings, changed over the course of the Afghanistan deployment.
Conduct of Inquiry
10.1. evidence of relevant Government officials and NZDF personnel (including those who took part in Operation Burnham);
10.2. evidence of Afghan nationals and/or other witnesses;
10.3. relevant audio-visual material;
10.4. NZDF reports, briefings, intelligence and operational documentation relating to the Operations;
10.5. reports produced by ISAF, international organisations, Non-Governmental Organisations, or other parties in relation to the Operations; and
10.6. any other evidence the Inquiry considers relevant to determining the issues within its scope.
Principles of Inquiry
14.1. Protect the security or defence interests of New Zealand or the international relations of the Government of New Zealand;
14.2. Protect the confidentiality of information provided to New Zealand on a basis of confidence by any other country or international organisation;
14.3. Protect the identity of witnesses;
14.4. Ensure that individuals’ fair trial rights are protected;
14.5. Ensure that current or future criminal, civil or other proceedings are not prejudiced; or for any other reason the Inquiry considers appropriate.
Commencement of work and reporting requirements
1 Inquiries Act 2013, s 11.