IGD Act

Legislation

The Inspector-General of Defence Act 2023(external link) established the Office of the Inspector-General. The purpose is to provide independent oversight of the New Zealand Defence Force. The role was established following a recommendation made in the New Zealand Government’s Inquiry into Operation Burnham(external link) (2020).

The IGD Act sets out the functions and powers of the IGD. The Act also sets out the appointment of the Inspector-General and the Deputy Inspector-General, the establishment of the office of the IGD, and an advisory panel.

Purpose of the IGD

The Inspector-General:

  • Provides the Minister of Defence with dedicated independent oversight of the Defence Force;
  • Assists the Minister of Defence to account accurately to the House of Representatives for the Defence Force’s activities; and
  • Assures the public that there is independent scrutiny of Defence Force activities including in relation to New Zealand’s obligations under international law.

IGD functions and powers

Section 8 of the IGD Act sets out the functions of the IGD:

  • Investigate incidents that have occurred in the course of activities of the Defence Force; and any subsequent acts or omissions of the Defence Force in relation to those incidents.
  • Assess and identify potential improvements or additions to, Defence Force policies and procedures governing activities of the Defence Force.
  • Any other function conferred on the Inspector-general by this Act or any other legislation or rule of law.

The IGD can look into any Defence Force matter on the Inspector-General’s own initiative (including information obtained under section 10 or part 4 of the IGD Act or disclosed under the Protected Disclosures (Protection of Whistleblowers) Act 2022)(external link), or at the request of the Minister of Defence, the Secretary of Defence, or the Chief of the Defence Force.

When initiating an investigation or assessment, the IGD must develop a draft terms of reference (s 16). The Inspector-General must consult with the Secretary of Defence and the Chief of Defence on the draft terms of reference, and must have regard to any comments provided. The IGD will then finalise the terms of reference and commence the investigation or assessment.

At the conclusion of an investigation or assessment the IGD must prepare a written report containing findings and recommendations (ss 19-20). The report must be sent to the Minister responsible for the NZDF, the Chief of Defence Force and the Secretary of Defence (s 19). The IGD must publish a version of the report that does not disclose sensitive information on its website (s 21).

Other activities of the IGD

The IGD must prepare and publish an annual work programme (s 53) and an annual report (s 54). The IGD must consult the Minister responsible for the NZDF on a draft work programme and have regard to any comments received from the Minister.

The IGD may consult with other oversight bodies.