UNCLASSIFIED
Hon Barbara Edmonds, Minister of Internal Affairs
Proactive release of Cabinet papers and associated documents related to the establishment of
the Royal Commission of Inquiry into Lessons Learned from Aotearoa New Zealand’s
response to COVID-19 That Should Be Applied in Preparation for a Future Pandemic
15 March 2023
The fol owing documents have been proactively released:
25 October 2022, Cabinet paper: Establishing an inquiry into New Zealand’s preparedness for
a future pandemic (including Appendix A: A summary of relevant reviews)
25 October 2022, CAB-22-MIN-0464: Cabinet: Minute of Decision
5 December 2022, Cabinet paper ‘Establishment of the Royal Commission into lessons
learned from Aotearoa New Zealand’s response to COVID-19 that should be applied in
preparation for any future pandemic
5 December 2022, CAB-22-MIN-0552: Cabinet: Minute of Decision
by the Minister of Internal Affairs
Some parts of this information would not be appropriate to release and, if requested, would
be withheld under the Official Information Act 1982 (the Act). Where this is the case, the
relevant sections of the Act that would apply have been identified.
Where information has been withheld, no public interest has been identified that would
outweigh the reasons for withholding it.
Key to Redaction Codes:
• 9 (2)(f)(iv) – release would contradict the constitutional conventions which protect
the confidentiality of advice given by Ministers and public service employees
• 9 (2)(a) – the withholding of the information is necessary to protect the privacy of
natural persons, including that of deceased natural persons
For Cabinet material and any public service departmental advice use this copyright statement
Proactively Released
© Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0)
UNCLASSIFIED
Page 1 of 1
Classifcation removed
Classifcation
removed
Office of the Minister of Internal Affairs
Cabinet
Establishing an inquiry into New Zealand’s preparedness for a future
pandemic
Proposal
1
This paper seeks agreement to establish an inquiry into New Zealand’s preparedness
for a future pandemic. It also proposes that a Royal commission is established for
this matter.
Relation to government priorities
2
This paper relates to the COVID-19 pandemic response and ensuring our
preparedness for any future pandemics. It also contributes to the broader priority of
laying the foundations for the future.
Executive Summary
3
On 13 September 2022, with the COVID-19 Protection Framework (Protection
Framework) retired, we entered a new phase of our pandemic response and
returned to life without most of the extraordinary measures that had characterised
the previous two and a half years.
4
It is now timely to invest in a process to learn from our COVID-19 experience, to
by the Minister of Internal Affairs
leverage institutional knowledge and use those lessons to strengthen our
preparedness for any future pandemics. It is a matter of public importance that we
do so, to ensure that New Zealand has appropriate and effective policies and
practices in place for the near future.
5
Seventy-five reviews have been carried out within New Zealand since 2020. In total,
these reviews create a comprehensive record of the pandemic. The settings of the
proposed inquiry are important, to ensure we do not duplicate previous reviews.
There remains a significant opportunity, however, to carry out a holistic, future-
oriented review of our response to the pandemic, to strengthen our future
preparedness.
6
I seek agreement to establish an inquiry into New Zealand’s preparedness for a
future pandemic (the Inquiry), under the Inquiries Act 2013. The indicative purpose
of the Inquiry is to strengthen New Zealand’s preparedness for, and response to,
future pandemics by identifying those lessons that can be learnt from New Zealand’s
Proactively Released
response to COVID-19.
7
A decision on whether a Royal commission or public inquiry is established for this
matter is sought at this time. Both options have identical powers. It is important that
1
Classifcation removed
Classifcation removed
we consider public expectations on this matter, which will have been shaped by the
status and style of recent inquiries. These include, for example, the Royal
Commission of Inquiry into the Terrorist Attack on Christchurch Mosques on 15
March 2019, and the Public Inquiry into the Earthquake Commission. I propose that
the Inquiry is established as a Royal commission.
8
The Inquiry is expected to commence in early 2023 and conclude in mid-2024, when
the final report wil be delivered. The indicative start date for the Inquiry wil enable
agencies to develop and consult on the draft terms of reference, as wel as finalise
the budget and an appointment process for the members of the Inquiry. Cabinet
consideration of these matters is proposed to occur in November 2022.
9
Given the indicative scope and purpose, and the expected workload, it is likely that
the Inquiry wil require either three or four members, including a Chair. Officials have
advised that, based on these factors, the estimated cost of the Inquiry is $9-$13
million.
10
I recommend that the Minister of Internal Affairs is designated as the appropriate
Minister for the Inquiry, and the Department of Internal Affairs (the Department) as
the administering department. A group of Ministers will meet regularly to provide
oversight and direction during the development of the Inquiry’s draft terms of
reference. The group includes the Prime Minister; the Minister of Finance; the
Minister for Māori Crown Relations: Te Arawhiti; the Minister for the Public Service;
the Minister of Health; the Minister for COVID-19 Response; and the Minister of
Internal Affairs.
11
Subject to decisions, the Prime Minister and I intend to make a public announcement
about the establishment of the Inquiry at an appropriate time.
by the Minister of Internal Affairs
An inquiry into New Zealand's preparedness for a future pandemic is a matter of public
importance
12
The COVID-19 pandemic has represented an unparal eled chal enge to New Zealand
and the international community. In March 2020, the magnitude of its imminent
threat to public health warranted an emergency response, the scale of which had
never been carried out before in our country. While New Zealand’s response has
received favourable reviews, it caused an unprecedented disruption to our lives and
economy. The elimination strategy implemented at the beginning of the pandemic, a
time of considerable uncertainty about the virus, involved a set of extraordinary
measures that significantly reduced the threat to public health.
Our public health strategy
13
New Zealand’s elimination strategy was designed to save lives by keeping the virus
Proactively Released
out, finding it or stamping it out. This public health strategy was supported by
economic measures to maintain lifeline utilities, ensure businesses could retain staff
and cover costs while not operating, and support individuals to isolate or quarantine
where necessary. The elimination strategy involved a series of COVID-19 alert levels
to trigger necessary responses and inform people how to keep themselves safe.
2
Classifcation removed
Classifcation removed
14
Once vaccines became available and there had been significant uptake of them,
New Zealand shifted to a minimisation and protection strategy, to reduce the spread
of the virus in the community, and to protect both the people who were most at risk,
and the health system. This public health strategy was supported by high vaccination
rates, and a Protection Framework that updated the thresholds for different local or
national responses to outbreaks of the virus. Fiscal and economic responses were
also updated to reflect the Protection Framework.
The impact of the pandemic
15
International comparative analyses suggest that the strategic approach we took to
the pandemic has enabled New Zealand to perform wel across indicators such as
mortality and vaccination rates. However, the pandemic has had, and continues to
have, a significant and complex impact. While hospitalisation trends and levels of
viral particles in wastewater have been relatively constant, recent case numbers
have seen an increase in the seven-day rolling average from 1,598 for the week
ending 9 October 2022 to 1,826 by 13 October 2022.
16
In addition to the direct consequences of COVID-19 on people’s lives and health, the
evolving and uncertain nature of the pandemic over such an extended period has
taken a toll, in diverse ways and to varying degrees, on our social and economic
wellbeing.
International and national reviews
17
New Zealand’s response to the pandemic has been the subject of international and
national reviews. The World Health Organisation (the WHO), the Lancet Commission,
and the International Science Council have conducted international reviews.
by the Minister of Internal Affairs
18
Seventy-five reviews have been carried out within New Zealand since 2020,
generating a total of 1 639 recommendations that cover a wide range of operational
and policy issues Independent reviewers (including the Auditor General, the
Ombudsman, the Courts, and the Waitangi Tribunal) and some public sector
agencies have conducted these reviews. Most focus on specific issues at a point in
time, ranging from contact tracing and border measures, to the nation-wide
vaccination rollout and the wage subsidy scheme. In total, these reviews create a
valuable record of the pandemic. Appendix A provides a summary of the reviews.
19
To date, the United Kingdom, Scotland and Sweden have established inquiries.
British Columbia, Canada, has also completed a similar review. In general, they have
been tasked with examining pandemic preparation, response and impact, and to
advise on the lessons and implications for future preparations. The Australian
Federal Government has also recently announced that it plans to conduct an inquiry
into Australia’s response to the COVID-19 pandemic.
Proactively Released
Learning from our experience of the pandemic to prepare for the future
20
There remains a significant opportunity and duty to carry out a holistic, future-
oriented review of our response to the pandemic, which would include synthesising
3
Classifcation removed
Classifcation removed
the lessons captured in existing reviews and reports, to strengthen our future
preparedness. The WHO’s report supports this view. Its international review
recommended all countries strengthen their national pandemic preparedness.
21
On 13 September 2022, with the Protection Framework retired, we entered a new
phase of our pandemic response and returned to life without most of the
extraordinary measures that had characterised the previous two and a half years.
22
It is now timely to invest in a process to learn from our COVID-19 experience and to
use those lessons to strengthen our preparedness for any future pandemics. It is a
matter of public importance that we do so, and to ensure that New Zealand has
appropriate and effective policies and practices in place for the future.
A statutory inquiry is an appropriate mechanism for an inquiry into New Zealand’s
preparedness for a future pandemic
23
It is in this context that I seek agreement to establish an inquiry into New Zealand’s
preparedness for a future pandemic, under the Inquiries Act 2013. The options for
which type of statutory inquiry should be established are discussed below.
24
The Inquiry is expected to commence in early 2023 and conclude in mid-2024, when
the final report wil be delivered. The indicative start date for the Inquiry wil enable
agencies to develop and consult on the draft terms of reference, as wel as finalise
the budget and an appointment process for the members of the Inquiry. Cabinet
consideration of these matters is scheduled to occur in November 2022.
25
The indicative purpose and scope of the Inquiry, including recommendations sought
and exclusions from the Inquiry, are presented below. The way they are currently
framed indicates the matters to be covered, and how they wil form the basis of the
by the Minister of Internal Affairs
draft terms of reference Some instances of language may change as the draft terms
of reference is progressed.
Purpose and scope
26
The unprecedented and evolving nature of COVID-19 meant that uncertainty was a
constant feature throughout the pandemic. A future pandemic wil also bring with it
uncertainty, along with a unique set of chal enges. It wil not replicate our experience
of COVID-19. This context informs the indicative purpose and scope of the Inquiry,
and confirms why we need to take a holistic, future-oriented review of our
experience of the pandemic.
27
I propose that the indicative purpose of the Inquiry is to strengthen New Zealand’s
preparedness for, and response to, future pandemics by identifying those lessons
that can be learnt from New Zealand’s response to COVID-19.
Proactively Released
28
In high-level terms, the indicative scope includes those lessons that can be learnt
from New Zealand overal public health response to the COVID-19 pandemic and
applied to future pandemic planning. This includes the associated economic and
4
Classifcation removed
Classifcation removed
social components of that response, with consideration given to the coherence of
the components of the overal response as they evolved and interacted over time.
29
The indicative scope of the Inquiry includes the measures that can or should be
taken to best prepare New Zealand to respond to any future pandemic, including
consideration of:
29.1 the settings required to support New Zealand’s response to a pandemic, and
to maintain important services;
29.2 Government decision-making processes and structures;
29.3 the interests of Māori, including the design and provision of public health
initiatives; and
29.4 population groups that could have higher levels of vulnerability during a
future pandemic, including, for example, Māori, Pacific peoples, ethnic
communities, women, children and young people, seniors and disabled
people.
Inquiry matters requiring recommendations
30
As suggested through the indicative purpose and scope, the Inquiry wil make
recommendations on measures to best prepare New Zealand to respond to any
future pandemics in relation to the principal matters within scope. This is likely to
include, for example, effective practices for communicating with and engaging
communities.
31
The Inquiry will assess whether New Zealand’s overall elimination, and minimisation
by the Minister of Internal Affairs
and protection strategies in response to the COVID-19 pandemic were reasonable
and effective in limiting the spread of infection and the impact of the virus on
vulnerable groups and on the health system. The assessment should be based on
New Zealand’s circumstances and what was known at the time, and relative to
alternate strategies internationally.
Exclusions from the Inquiry
32
There will be exclusions from the Inquiry’s scope. In general, the exclusions play an
important role in further defining the purpose and scope of an inquiry. They seek to
avoid duplication with other work and clarify any matters that are at odds with the
purpose of the inquiry, or inappropriate for an inquiry to examine. Exclusions also
support an inquiry to meet expectations associated with timeframes and costs.
33
Based on the number of reviews, reports and court decisions already in the public
domain, the Inquiry wil not se
Proactively Released ek to create a detailed record of events and/or
decisions during the COVID-19 pandemic. Nor, given its focus on using the lessons of
this pandemic to prepare for our future response, will it seek to review and report
on any individual public policy or operational decisions made by public authorities as
they applied the relevant response frameworks to a given situation during the
5
Classifcation removed
Classifcation removed
COVID-19 pandemic. These wil be excluded from the Inquiry, which wil also exclude
recent reforms to the health system.
34
It would not be constitutional y appropriate or an efficient use of public resources
for the Inquiry to revisit the facts established by, or legal findings of, courts and
tribunals and independent bodies like the Ombudsman, Privacy Commissioner, or
the Independent Police Complaints Authority during the pandemic.
35
As noted above, the indicative purpose and scope, including recommendations
sought and exclusions from the Inquiry, are currently framed to provide an indication
of the matters to be covered. There may be some instances where the language or
terminology changes during the development of the terms of reference.
Inquiry procedure
36
The public wil have the opportunity to participate in the Inquiry. Consideration of
the method and extent of public engagement and participation wil occur during the
development of the draft terms of reference.
37
The Inquiry wil , to the extent practicable, use existing information, avoid legalistic or
adversarial approaches, and use efficient and less formal procedures to gather
information.
I propose that a Royal commission is established for the Inquiry
38
Under the Inquiries Act 2013 (the Act), there are two categories of statutory inquiry
available to address matters of public importance: government inquiries and public
inquiries. Both have identical powers and vary only in terms of the process of
establishment and reporting. by the Minister of Internal Affairs
39
There are no official criteria to determine which type of inquiry should be held, and
determinations on this are a matter of Ministerial judgement. This involves
considering the level of public importance that the matter carries, and the degree to
which public interest requires a greater perception of status and independence from
Government
40
Given the immense impact, scale and complexity of the COVID-19 pandemic, along
with the anticipated significant level of public interest in the proposed inquiry, I
consider that a statutory inquiry within the category of ‘public inquiry’ is appropriate
for this matter. This view is reinforced when we consider that government inquiries
‘typically deal with smaller and more immediate issues where a quick and
authoritative answer is required’ [Cabinet Manual 4.85].
41
Public inquiries may be established as either a Royal commission or public inquiry.
Both have identical powers an
Proactively Released d are largely identical in their processes for
establishment and reporting (these processes are set out below). The Cabinet
Manual differentiates them as follows:
6
Classifcation removed
Classifcation removed
41.1 ‘Royal commissions are typically reserved for the most important matters of
public importance’ [section 4.81];
41.2 ‘a matter may require a public inquiry when it pertains to a particularly
significant or wide-reaching issue that causes a high level of concern to the
public and to Ministers’ [section 4.83].
42
It is important that part of our consideration of this matter includes public
expectations, which wil be shaped by the status and style of recent inquiries. These
include, for example, the:
42.1 Royal Commission of Inquiry into the Terrorist Attack on Christchurch
Mosques on 15 March 2019 (April 2019 – Nov 2020);
42.2 Royal Commission of Inquiry into Historical Abuse in State Care and in the
Care of Faith-Based Institutions (Nov 2018 – June 2023); and
42.3 Public Inquiry into the Earthquake Commission (Nov 2018 – March 2020).
43
Based on these considerations, I propose that the Inquiry is established as a Royal
commission.
Establishment and reporting processes
44
Public inquiries (including Royal commissions) are established by the Governor-
General by Order in Council. The final report of a public inquiry must be presented to
the Governor-General and then by the appropriate Minister to the House of
Representatives. The appropriate Minister also submits the Order in Council
establishing the inquiry, publicly notifies the terms of reference for an inquiry in the
by the Minister of Internal Affairs
New Zealand Gazette.
Appropriate Minister and administering department
45
For public inquiries (including Royal commissions), the Minister of Internal Affairs is
typically the appropriate Minister. I recommend that the Minister of Internal Affairs
is designated as the appropriate Minister for the Inquiry, and the Department of
Internal Affairs (the Department) as the administering department.
Proposed membership of the Inquiry
46
Given the indicative scope and purpose, and the expected workload, it is likely that
the Inquiry will require either three or four members, including a Chair. The
Department’s experience with inquiries is that complex and high-profile inquiries
need more than one member. This allows for a greater depth and breadth of skills,
experience and attributes to be represented on the panel, as wel as the ability to
Proactively Released
cover any personal absences. The Law Commission also recommended that more
than one inquirer be appointed to any complex or long-running inquiry.1
1 Law Commission,
A New Inquiries Act, Wel ington, 2008, para 37.
7
Classifcation removed
Classifcation removed
47
Based on the Inquiry’s indicative purpose and scope, the Chair and members should
collectively have the following skills and attributes:
47.1 the ability to collaborate as part of a group that leads and delivers large-scale
reviews;
47.2 an understanding of public health;
47.3 an understanding of public policy, economic policy and/or the public sector;
and
47.4 an ability to understand and engage with Māori interests.
48
The appointment process for the members of the Inquiry is proposed to be
confirmed by Cabinet in November 2022. Appropriate enquiries concerning probity
and actual or perceived conflicts of interest for the members of the Inquiry wil be
undertaken by the Department. These enquiries will include the completion of
formal declarations on any actual or perceived conflicts. The Department will also
undertake a background check, including online background checks.
Next Steps
49
Subject to agreement to establish an inquiry into New Zealand’s preparedness for a
future pandemic, I intend to seek decisions in November 2022 on the Inquiry’s:
49.1 final terms of reference;
49.2 membership; and
49.3 budget.
by the Minister of Internal Affairs
50
This enables time for the careful development of, and consultation on, the draft
terms of reference, and for due diligence and consideration of the appointment
process for the members.
51
A group of Ministers will meet regularly to provide oversight and direction during the
development of the Inquiry’s draft terms of reference. The group includes the Prime
Minister; the Minister of Finance; the Minister for Māori Crown Relations: Te
Arawhiti; the Minister for the Public Service; the Minister of Health; the Minister for
COVID-19 Response; and the Minister of Internal Affairs.
52
The Minister of Internal Affairs (as the appropriate Minister) wil consult with the
Minister for the Public Service to seek agreement to the fee level for the members.
53
Once formally established, the Inquiry needs a period of time to undertake initial
Proactively Released
planning and communication before it is subject to public expectations of formally
engaging stakeholders and receiving information.
8
Classifcation removed
Classifcation removed
Financial Implications
54
Officials have advised that, based on the indicative purpose and scope, the
estimated cost of the Inquiry is $9-$13 million. This estimated cost relates only to the
cost of carrying out the Inquiry, which includes those costs related to Inquiry
members and a secretariat, as well as operating, legal, and administrative support. It
does not include any costs that agencies might incur during their engagement with,
or response to, the Inquiry.
55
The estimated cost is based on the Department’s experience of administering recent
inquiries, and their specific purpose, subject breadth, legal complexity, expectations
for public participation or engagement, and timeframe. I note that the recent Royal
Commission of Inquiry into the Attack on the Christchurch Mosques took over 18
months and $14m to complete, while the current Ministerial review into the Future
for Local Government has a budget of $12m and a two-year timeframe.
56
As noted above, I intend to seek agreement to the budget for the Inquiry through a
subsequent Cabinet paper in November 2022.
57
The Department does not have standing baseline funding to support statutory
inquiries. There are no reprioritisation opportunities within the Department’s
baselines to fund the proposed estimated cost of the Inquiry, as a number of
financial pressures already exist across the Department in 2022/23. Reprioritisation
from the Department’s appropriations would compound existing financial pressures
and create additional risk to other workstreams.
58
Cabinet has previously agreed that statutory inquiries were an al of government
responsibility and should be adequately funded [CAB-18-MIN-0352 refers]. Cabinet
has also previously agreed that statutory inquiries should not compromise other
by the Minister of Internal Affairs
functions [CAB-18-MIN-0352 refers]. As the indicative start date of the Inquiry is
early 2023.
Legislative Implications
59
This paper has no legislative implications. However, an Order in Council will be
required following agreement to the Inquiry’s terms of reference, which is proposed
to occur in November 2022. The Inquiry’s terms of reference wil be a schedule
attached to the Order in Council.
Impact Analysis
60
The impact analysis requirements do not apply for this paper as it does not propose
anything that involves the potential introduction of new legislation or changes to or
the repeal of existing legislation.
Proactively Released
9
Classifcation removed
Classifcation removed
Population Implications
61
As noted above, the proposed indicative scope for the Inquiry includes consideration
of:
61.1 the interests of Māori in the context of a pandemic, including the design and
provision of public health initiatives; and
61.2 population groups that could have higher levels of vulnerability during a
future pandemic, including, for example, Māori, Pacific peoples, ethnic
communities, women, children and young people, seniors and disabled
people.
Human Rights
62
The proposals in this paper are consistent with the New Zealand Bill of Rights Act
1990 and the Human Rights Act 1993.
Consultation
63
The fol owing departments were consulted: Ministry of Business, Innovation and
Employment; Department of Corrections; Ministry of Defence; New Zealand Defence
Force; Ministry of Education; Ministry of Foreign Affairs and Trade; Ministry of
Health; Ministry of Justice; Office for Māori Crown Relations: Te Arawhiti; Ministry
for Pacific Peoples; New Zealand Police; Ministry for Primary Industries; the
Department of the Prime Minister and Cabinet; Public Service Commission; Ministry
of Social Development; Ministry of Transport; and the Treasury. Crown Law Office
was also consulted.
by the Minister of Internal Affairs
Communications
64
Subject to decisions the Prime Minister and I intend to make a public announcement
about the establishment of an inquiry into the COVID-19 pandemic response at an
appropriate time.
65
A media release covering these matters will also be issued following the
announcement.
Proactive Release
66
The proactive release of this paper will be delayed until the Inquiry’s terms of
reference, membership and budget have been confirmed.
Proactively Released
10
Classifcation removed
Classifcation removed
Recommendations
The Minister of Internal Affairs recommends that Cabinet:
1
agree that, following the decision to retire the COVID-19 Protection Framework from
13 September 2022, it is now timely to invest in a process to learn from our
COVID-19 experience and to use those lessons to strengthen our preparedness for
any future pandemics;
2
agree that it is a matter of public importance that New Zealand is prepared for a
future pandemic;
3
agree to the establishment of an inquiry into New Zealand’s preparedness for a
future pandemic (the Inquiry), under the Inquiries Act 2013;
4
agree that the Inquiry is established as a Royal commission;
Purpose and scope of the Inquiry
5
note that the indicative purpose of the Inquiry is to strengthen New Zealand’s
preparedness for, and response to, future pandemics by identifying those lessons
that can be learnt from New Zealand’s response to COVID-19;
6
note that the indicative scope of the Inquiry includes:
6.1
those lessons that can be learnt from New Zealand’s overall public health
response to the COVID-19 pandemic and applied to future pandemic
planning; and
6.2
the associated economic and social components of that response, with
by the Minister of Internal Affairs
consideration given to the coherence of the components of the overal
response as they evolved and interacted over time;
7
note that the Inquiry will assess whether New Zealand’s overall elimination, and
minimisation and protection strategies in response to the COVID-19 pandemic were
reasonable and effective in limiting the spread of infection and the impact of the
virus on vulnerable groups and on the health system, based on New Zealand’s
circumstances and what was known at the time, and relative to alternate strategies
internationally;
Exclusions from the Inquiry
8
note that, based on the indicative scope and purpose, the indicative exclusions from
the Inquiry include:
Proactively Released
8.1
a detailed record of events and decisions during the COVID-19 pandemic;
8.2
the individual public policy or operational decisions made by public
authorities as they applied to a given situation during the COVID-19
pandemic; and
11
Classifcation removed
Classifcation removed
8.3
recent reforms to the health system;
Indicative timeframe of the Inquiry
9
note that the Inquiry is expected to commence in early 2023 and conclude in
mid-2024;
Appropriate Minister and administering department
10
agree that the Minister of Internal Affairs is the appropriate Minister for the Inquiry;
11
agree that
the Department of Internal Affairs is the administering department for
the Inquiry;
Next steps
12
invite the Minister of Internal Affairs to seek Cabinet agreement to the Inquiry’s
terms of reference, membership and budget in November 2022;
13
note that a group of Ministers will meet regularly to provide oversight and direction
during the development of the Inquiry’s draft terms of reference; and that the group
includes the Prime Minister; the Minister of Finance; the Minister for Māori Crown
Relations: Te Arawhiti; the Minister for the Public Service; the Minister of Health; the
Minister for COVID-19 Response; and the Minister of Internal Affairs;
Communications
14
note that the Prime Minister and the Minister of Internal Affairs intend to announce
the decision to establish the Inquiry at an appropriate time.
by the Minister of Internal Affairs
Authorised for lodgement
Hon Jan Tinetti
Minister of Internal Affairs
Appendix A: A summary of relevant reviews
Proactively Released
12
Classifcation removed
by the Minister of Internal Affairs
Proactively Released
• OAG has been undertaking a
performance review of the central
response (co-ordination &
management - mainly by DPMC) to
COVID-19. In 2021/22 the focus will
be evaluating the centralised
response, the vaccination roll-out,
and reviewing the value for money of
significant areas of Covid-19-related
spending (ongoing).
• Epidemic Response Select Committee
reviewed aspects of NZ’s response to
the pandemic (2020).
• Director-General of Health reviewed
clusters in aged-care facilities (2020)
• The Ombudsman reviewed and
inspected: nine prisons while NZ was
at Alert Level 3; isolation and secure
aged care facilities (2020)
• Simpson/Roche report/Advisory
by the Minister of Internal Affairs
Committee to oversee the
implementation of the NZ Covid-19
Surveillance P an and Testing
Strategy (Sept 2020).
• OAG eviewed the availability and
supply of PPE (2020).
Page 2 of 7
Proactively Released
Border management, travel restrictions and
• Border Sector Governance Group
Border sector agencies have done a remarkable job in creating end-to-end aviation
Managed Isolation and Quarantine (MIQ),
commissioned a review to provide
border processes to manage risk, however this is not sustainable in long-term.
and isolation at home
assurance that required border
Stronger focus needed on effect of new or changed requirements to ensure effective
execution and compliance. Better governance, management and coordination
measures in the CV-19PHRA (Air
Border) Order were in place (Oct
needed.
2020).
• MBIE/MoH commissioned a lessons
Insufficient integrated, multi-agency planning for the 1st tranche of mariners. Recs
learned review into managed
made in preparation for, and managing of, an expected 2nd tranche. Recs also made
isolation and quarantine of
for the wider MIQ system.
international marine workers at the
Sudima Chch airport hotel (Dec
2020).
• Border Exec. Board commissioned an Phase 1: looked at testing in MIQF. All recs for phase 1 have been closed or
independent review of maritime and
incorporated into BAU activity; Phase 2: assessed compliance with the testing and
aviation border worker testing (Dec
vaccination orders at the maritime & aviation borders. All recs for phase 2 have been
2021).
addressed.
• Ombudsman reviewed isolation
facilities (Oct 2020 - August 2021
(Oct 2020).
by the Minister of Internal Affairs
• Air Commodore Webb released a
review of the MIQ system (June
2020).
• Simpson/Roche report focussed on
the surveillance and testing strategy
at the border (Sept 2020).
• Ombudsman launched an inquiry
into the MIQ booking system. His
report is yet to be released (Oct
2021).
Page 3 of 7
Proactively Released
• Report of the independent review
panel (chaired by the chief medical
officer at Waitematā DHB) found that
the deaths of two people with Covid-
19 isolating at home were
“potentially preventable” (Nov 2021)
Audit confirmed MoH working hard to roll the programme out but a significant scale
Covid-19 vaccine roll-out
• OAG reviewed how well the Govt. is
up is required if Govt’s vaccinations goals are to be addressed. Made six recs
planning and managing the COVID-19
including improving communication with the public; completing contingency plans;
vaccine roll-out (Feb 2021).
more guidance and clarity to the wider health sector. All recs acted on by MoH.
Adequacy of the health response
• PM’s Chief Science Advisor
PCR testing method is the best way to track and trace virus. NZ must do all it can to
commissioned Prof. Michael Bunce &
maintain and optimise capacity. Antibody testing will become a crucial part of
Dr Marie Estcourt to report on the
testing hospitalised patients but must never be regarded as a replacement for PCR
then current state of CV-19 lab. tests
tests
within the context of NZ’s pandemic
response (March 2020)
• Dr Ayesha Verrall, Univ. of Otago,
Rapid case detection & contact tracing is central to COVID-19 elimination in NZ.
undertook a rapid audit of contact
The capacity of the 12 public health units is the primary factor in limiting NZ’s ability
tracing for COVID-19 in NZ (April
to scale up its case management and contact tracing response. In March 2020,
2020)
workload of PHUs exceeded their ability to rapid contact trace even only 100 cases
by the Minister of Internal Affairs
per day. Expansion of the PHU workforce is an urgent need. Measuring performance
indicators to drive improvement an urgent priority. Report proposes a set of
indicators.
• Waitemata DHB convened a panel to Staff provided exemplary care to the six patients on the ward. Full PPE was available
investigate and provide an incident
to staff at all times however there were problems with usability and changes in types
rev ew report into COVID-19 staff
of PPE provided. Recs were made concerning planning, PPE and information &
infections at Waitakere hospital
communication.
(April 2020)
Page 4 of 7
Proactively Released
• MoH commissioned Allen & Clarke to Found PHUs operating models are better placed now to respond to surge in cases
undertake a rapid review/ deep dive
than previously, however sustainability remains in question with centralised support
of COVID-19 contact tracing at 3
needed into the future. Main limits across all PHUs relates to info. management and
PHUs (May 2020)
data collection, resulting in PHUs being limited in their ability to report performance
against indicators.
• Prof. Michael Bunce undertook a
NZ’s genome sequencing to date has been world leading. The challenge ahead is to
rapid review of the role genomics can build capacity, redundancy, precision, dynamic reporting and speed (of sample
play in contact tracing etc (Sept
delivery, processing and reporting).
2020)
• MoH commissioned COVID-19
Diagnostic testing plays a critical role in NZ’s COVID-19 response. Performance of
Testing Technical Advisory Group to
labs good overall. Because of elimination strategy there has been a relative slowness
undertake a rapid review of COVID-
to introduce saliva testing and to prepare for rapid antigen testing. With move from
19 Testing in Aotearoa NZ (Oct 2021)
elimination phase , and the implementation of the reconnection plan, there is need
to ensure COVID-19 testing is adaptable and fit for purpose.
Aged care facilities
• Ombudsman inspected secure aged
care facilities following Covid-19
related deaths in NZ in order to
provide an independent assessment
of how these facilities were
by the Minister of Internal Affairs
responding to Covid-19 (June 2021).
• Director-Gene a of Health reviewed
aged-care facilities (June 2020).
Adequacy of the legal framework for the tier
• Finance and Expenditure Select
The committee found the Act was necessary and appropriate. Rec that Govt.
system, lock downs and managing the health
Committee reported on its inquiry
develop legislation that would provide a modern, enduring legal framework to
response
into the operation of the COVID-19
respond to future public health emergencies.
Public Health Response Act (July
2020).
Page 5 of 7
Proactively Released
• Epidemic Response Select Committee
reviewed the legal framework for the
response (2020)
Adequacy of response for, and impact on,
• Waitangi Tribunal held a special
Māori and Pacific communities (including
hearing from 6 December 2021 into
vaccinations/ communication)
the disproportionate numbers of
Māori vaccination rates and Covid-19
cases. The Waitangi Tribunal’s
inquiry will also ask whether the
Crown’s vaccination strategy and the
Traffic Light system is consistent with
Te Tiriti O Waitangi and what (if any)
changes are required.
Adequacy of response for, and impact on,
•
HRC released its report “Inquiry into
Inquiry found that responses to the spread of Omicron caused considerable stress
disabled people
the Support of Disabled People and
and confusion and put the well-being of disabled people at risk. Note: work
Whanau During Omicron”
programme across Govt. is underway to address these concerns.
• Independent Monitoring Mechanism
The inquiry identified six key issues with the Government’s response to COVID-19:
(Ombudsman /Disabled People’s
significant concerns with communications; staying safe during the pandemic;
by the Minister of Internal Affairs
Organisations Coalition / HRC)
support to isolate safely; disrupted disability services; health services available; and
reported on the Govt’s response to
lack of support in educational settings.
COVID-19 – “Making Disability Rights
Real in a Pandemic (Jan 2021)
Economic response to the pandemic
• OAG began reporting monthly on
Generally, throughout 2020 & 2021, authority for COVID-19 spending was in line
the Govt’s additional expenditure on
with approvals provided by Parliament and Cabinet. The Controller function was able
COVID-19 to provide assurance the
to identify two instances only where expenditure was unappropriated. OAG worked
expenditure had been correctly
with agencies to resolve.
authorised (March 2020).
Page 6 of 7
Proactively Released
•
OAG undertook annual /
Govt. used a “high - trust” approach re. applications and eligibility for payments. Had
performance audits in to how well
greater risk of fraud and error. MSD took steps to manage / mitigate these risks.
the Wage Subsidy Scheme was
Some applications required further investigation. Rec. MSD prioritise its remaining
managed (Sept 2020).
enforcement work , including pursuing prosecutions.
•
OAG undertook an inquiry into
A high-trust approach. Concerns were noted about aspects of the programme
aspects of the Strategic Tourism
criteria, assessment process and transparency in decision-making.
Asset Protection Programme (Feb
2021)
Testing capacity
• MoH commissioned Allen & Clarke to The review found a number of areas contributed to the issues including: laboratory
review the events leading up to the
capacity; planning; reporting; and organisational design. Nine recs. are made. MoH
PCR testing backlog during the early
has responded to each.
stages of the Omicron outbreak (June
2022).
Social cohesion/ licence (human rights,
• HRC released a set of 3 briefings
The briefings underline that the Government’s response to COVID-19 does not exist
equity, fairness)
outlining the human rights and
in a health and science vacuum. The goal of social cohesion (heavily linked to human
treaty implications of the COVID-19
rights and Te Tiriti) should also inform any response.
Protection Framework (Nov 2021).
by the Minister of Internal Affairs
Page 7 of 7
Proactively Released
Classifcation removed
CAB-22-MIN-0464
Cabinet
Minute of Decision
This document contains information for the New Zealand Cabinet. It must be treated Classifcation
and
handled in accordance with any security classification, or other endorsement. The informati
removed
on can only be
released, including under the Official Information Act 1982, by persons with the appropriate authority.
Establishing an Inquiry into New Zealand’s Preparedness for a Future
Pandemic
Portfolio
Internal Affairs
On 25 October 2022, the Cabinet:
1
agreed that, following the decision to retire the COVID-19 Protection Framework from
13 September 2022, it is now timely to invest in a process to learn from New Zealand’s
COVID-19 experience and to use those lessons to strengthen New Zealand’s preparedness
for any future pandemics;
2
agreed that it is a matter of public importanc that New Zealand is prepared for a future
pandemic;
3
agreed to the establishment of an inquiry into New Zealand’s preparedness for a future
pandemic (the Inquiry), under the Inquiries Act 2013;
4
agreed that the Inquiry be established as a Royal Commission;
by the Minister of Internal Affairs
Purpose and scope of the Inquiry
5
noted that the indicative purpose of the Inquiry is to strengthen New Zealand’s preparedness
for, and response to, future pandemics by identifying those lessons that can be learnt from
New Zealand’s response to COVID-19;
6
noted that the indicative scope of the Inquiry includes:
6.1
those lessons that can be learnt from New Zealand’s overall public health response to
the COVID-19 pandemic and applied to future pandemic planning;
6.2
the associated economic and social components of that response, with consideration
given to the coherence of the components of the overall response as they evolved and
interacted over time;
7
noted that the Inquiry will assess whether New Zealand’s overall elimination, and
Proactively Released
minimisation and protection strategies in response to the COVID-19 pandemic were
reasonable and effective in limiting the spread of infection and the impact of the virus on
vulnerable groups and on the health system, based on New Zealand’s circumstances and
what was known at the time, and relative to alternate strategies internationally;
1
5ez1prxq16 2022-10-27 09:52:10
Classifcation removed
Classifcation removed
CAB-22-MIN-0464
Exclusions from the Inquiry
8
noted that, based on the indicative scope and purpose, the indicative exclusions from the
Inquiry include:
8.1
a detailed record of events and decisions during the COVID-19 pandemic;
8.2
the individual public policy or operational decisions made by public authorities as
they applied to a given situation during the COVID-19 pandemic;
8.3
recent reforms to the health system;
Indicative timeframe of the Inquiry
9
noted that the Inquiry is expected to commence in early 2023 and conclude in mid 2024;
Appropriate Minister and administering department
10
agreed that the Minister of Internal Affairs be the appropriate Minister for the Inquiry;
11
agreed that the Department of Internal Affairs be the administering department for the
Inquiry;
Next steps
12
invited the Minister of Internal Affairs to seek Cabinet agreement to the Inquiry’s terms of
reference, membership and budget in November 2022;
13
noted that a group of Ministers will meet regularly to provide oversight and direction during
the development of the Inquiry’s draft terms of reference, and that the group includes the
Prime Minister, the Minister of Finance, the Minister for Māori Crown Relations: Te
Arawhiti, the Minister for the Public Service, the Minister of Health, the Attorney-General,
the Minister for COVID-19 Response, and the Minister of Internal Affairs;
by the Minister of Internal Affairs
Communications
14
noted that the Prime Minister and the Minister of Internal Affairs intend to announce the
decision to establ sh the Inquiry at an appropriate time.
Rachel Hayward
Acting Secretary of the Cabinet
Proactively Released
2
5ez1prxq16 2022-10-27 09:52:10
Classifcation removed
Classifcation removed
Classifcation
removed
Office of the Minister of Internal Affairs
Cabinet
Establishment of the Royal Commission into lessons learned from Aotearoa
New Zealand’s response to COVID-19 that should be applied in preparation
for any future pandemic
Proposal
1
This paper seeks agreement to the terms of reference, membership and funding for
the Royal Commission of Inquiry into Lessons Learned from Aotearoa New Zealand’s
Response to COVID-19 That Should Be Applied in Preparation for a Future Pandemic
(the Royal Commission).
2
It also seeks authorisation to submit an Order in Council (the establishment
instrument) to the Executive Council on 5 December 2022.
Relation to government priorities
3
This paper relates to the COVID-19 pandemic response and ensuring our
preparedness for any future pandemics. It also contributes to the broader priority of
laying the foundations for the future.
Executive Summary
4
On 25 October 2022, Cabinet agreed to establish an inquiry into New Zealand’s
by the Minister of Internal Affairs
preparedness for a future pandemic, under the Inquiries Act 2013, and that it would
be established as a Royal Commission [CAB-22-MIN-0464 refers].
5
I seek agreement to the terms of reference for the Royal Commission (see Appendix
A). Officials have engaged with the proposed Chair of the Royal Commission on the
terms of reference, as per Cabinet Manual guidance (4.103). This step in the process
is to ensure that the proposed Chair and the Government have a shared
understanding of the terms of reference.
6
The terms of reference state that the purpose of the Royal Commission is to
strengthen Aotearoa New Zealand’s preparedness for, and response to, any future
pandemic by identifying those lessons learned from New Zealand’s response to
COVID-19 that should be applied in preparation for any future pandemic.
7
I propose that the Royal Commission may begin considering evidence from
1 February 2023, and that it is required to deliver a report with recommendations by
Proactively Released
26 June 2024.
1
Classifcation removed
Classifcation removed
8
I propose that Professor Antony Blakely is appointed as the Royal Commission’s
Chair, and that Hon Hekia Parata and John Whitehead are appointed as its members.
I seek agreement to recommend these appointments to the Governor-General.
9
I seek agreement for $15.470 million to fund the Royal Commission. As the Royal
Commission will commence immediately, the request for funding cannot be deferred
until Budget 2023. Funding for the Royal Commission is therefore sought from the
Between-Budget Contingency, established as part of Budget 22.
10
I seek authorisation to submit the Order in Council, made under the authority of the
Letters Patent and the Inquiries Act 2013, to the Executive Council on 5 December
2022. This instrument, which will incorporate the terms of reference, is required to
establish the Royal Commission. I propose to waive the rule that legislative
instruments come into force at least 28 days after they have been notified in the
New Zealand Gazette, on the grounds that the Royal Commission should be
established as soon as possible.
Background
11
On 25 October 2022, Cabinet agreed that it is a matter of public importance that
New Zealand is prepared for a future pandemic, and to establish an inquiry into New
Zealand’s preparedness for a future pandemic (the Inquiry), under the Inquiries Act
2013 [CAB-22-MIN-0464 refers]. Cabinet also agreed that the Inquiry be established
as a Royal Commission, and invited the Minister of Internal Affairs to seek
agreement to the Inquiry’s terms of reference, membership and budget in
November 2022.
12
On 25 October 2022, Cabinet noted that a group of Ministers will meet regularly to
provide oversight and direction during the development of the Inquiry’s draft terms
by the Minister of Internal Affairs
of reference, and that the group includes: the Prime Minister; the Minister of
Finance; the Minister for Māori Crown Relations: Te Arawhiti; the Minister for the
Public Service; the Minister of Health; the Attorney-General; the Minister for COVID-
19 Response; and the Minister of Internal Affairs.
13
Cabinet agreed that the Minister of Internal Affairs would be the appropriate
Minister for the Inquiry, and that the Department of Internal Affairs (the
Department) would be the administering department for the Inquiry.
The terms of reference for the Royal Commission
14
I seek agreement to the terms of reference for the Royal Commission (see Appendix
A), and for the terms of reference to be incorporated into an Order in Council
establishing the Royal Commission.
15
The terms of reference state t
Proactively Released hat the purpose of the Royal Commission is to
strengthen Aotearoa New Zealand’s preparedness for, and response to, any future
pandemic by identifying those lessons learned from New Zealand’s response to
COVID-19 that should be applied in preparation for any future pandemic.
2
Classifcation removed
Classifcation removed
16
The terms of reference are an essential component of the process for establishing an
inquiry under the Inquiries Act 2013. The Royal Commission has statutory authority
to conduct its work as it considers appropriate, in line with the Inquiries Act 2013
and the terms of reference.
17
A group of Ministers (see paragraph 12) and relevant agencies have supported the
development of the terms of reference. Officials have engaged with the proposed
Chair of the Royal Commission on the terms of reference, as per Cabinet Manual
guidance (4.103). This step in the process is to ensure that the proposed Chair and
the Government have a shared understanding of the terms of reference. An
opportunity to clarify an area of the ‘Inquiry procedure’ [clause 7] was identified
during discussions between the proposed Chair and officials. Some minor
amendments have been made to this regard, with no material effect.
18
The terms of reference recognise the Department of Internal Affairs as the relevant
department for the Royal Commission, under section 4 of the Inquiries Act.
19
Funding is being sought to enable the Department to support the Royal Commission
and to establish a secretariat, which will provide administrative and logistical
support for the Chair and members (see Financial Implications). While the
secretariat’s support for the Chair and members will include seeking input from
agencies, its role will not extend to coordinating individual agencies’ responses or
making connections between agencies with related questions.
All-of-government central coordination
20
Given the number of agencies that wil be involved in supporting the Royal
Commission, officials propose to establish an all-of-government central coordination
role, similar to the way the COVID-19 Group, hosted by the Department of the Prime
by the Minister of Internal Affairs
Minister and Cabinet (DPMC), provided coordination across agencies during the
COVID-19 response. A smal team would help bring consistency and efficiency to a
potential y time-consuming process across agencies, to reduce the risk of duplication
of effort, gaps, and high transaction costs in relation to al -of-government collateral.
21
9(2)(f)(iv)
Further information is presented in the Financial Implications section.
Timing of the Royal Commission
22
I propose that the Royal Commission commences on the day that the Order in
Council comes into force and that it may begin considering evidence from 1 February
2023.
Proactively Released
23
Once formally established, the Royal Commission will need a period of time to
undertake initial planning and communication before it is subject to public
expectations of formal y engaging stakeholders and receiving information. This
avoids a risk of unplanned and reactive work by the Royal Commission or later
3
Classifcation removed
Classifcation removed
rework if initial engagements were not wel planned. Based on the Department’s
experience of setting up Royal Commissions and other inquiries, this will take four to
eight weeks from the establishment date.
24
The terms of reference note that the Royal Commission is required to deliver a
report with recommendations by 26 June 2024.
Membership
25
Based on the expected workload, I am proposing that three members, including a
Chair, are appointed to the Royal Commission. The Department’s experience with
inquiries is that efficiency, particularly with decision-making, is achieved through
more than one member for such complex and high-profile inquiries. It allows for a
greater depth and breadth of skil s, experience and attributes to be represented on
the panel, as well as the ability to cover any personal absences. The Law Commission
also recommended that more than one inquirer be appointed to any complex or
long-running inquiry.1
26
The Cabinet Manual (4.106) states that the members ‘should be people whose
expertise best suits the subject matter and purpose of the inquiry’. Based on the
Royal Commission’s terms of reference, the col ective skills and attributes required
of the members are:
26.1 the ability to col aborate as part of a group that leads and delivers large-scale
reviews;
26.2 an understanding of public health;
26.3 a significant understanding of public policy, economic policy and/or the
by the Minister of Internal Affairs
public sector; and
26.4 an ability to understand and engage with Māori interests.
27
I propose that Professor Antony Blakely is appointed as the Chair of the Royal
Commission, and seek agreement to recommend his appointment to the Governor-
General.
28
Professor Antony Blakely, of Melbourne, works in academia and specialises in
epidemiology and public health. He is currently a Research Professor at the
University of Otago, and a Professorial Fellow in Epidemiology at Melbourne
University. His understanding of public health is extensive, and he has published over
300 peer reviewed journal articles, including on the management of COVID-19.
29
I propose that Hon Hekia Parata and John Whitehead are appointed as members of
the Royal Commission, and seek agreement to recommend their appointments to
Proactively Released
the Governor-General.
1 Law Commission,
A New Inquiries Act, Wel ington, 2008, para 37.
4
Classifcation removed
Classifcation removed
30
Hon Hekia Parata (Ngati Porou, Ngai Tahu), of Ruatoria, is a former Member of
Parliament, whose Ministerial experience spans numerous portfolios, including
Education, Women’s Affairs, Pacific Island Affairs, and Ethnic Affairs. She has a broad
understanding of public and economic policy, as well as significant public sector
experience and a demonstrated ability to understand and engage with Māori
interests. Before becoming a Member of Parliament, she served as the Deputy Chief
Executive of Te Puni Kōkiri, and on the Board of Ngai Tahu Development
Corporation.
31
John Whitehead, CNZM, KStJ, of Wellington, is an economist who has extensive
public sector experience that includes serving as Minister (economic) at the New
Zealand High Commission in London, Secretary and Chief Executive of the Treasury
New Zealand, and as an Executive Director of the World Bank. He has been
appointed to multiple government committees and has previous experience in
government inquiries. He most recently served as Chancellor and Board Chair of the
Order of St. John.
32
Subject to decisions, the proposed appointments of Professor Antony Blakely as the
Royal Commission’s Chair, and Hon Hekia Parata and John Whitehead as its
members will be included in the Order in Council and wil take effect once the Order
in Council comes into force.
33
Appropriate enquiries concerning probity and actual or perceived conflicts of
interest for the proposed Chair and members of the Royal Commission were
undertaken by the Department. These enquiries included the completion of formal
declarations on any actual or perceived conflicts. The Department also carried out a
background check, including online background checks.
34
The Candidate CV Form for each proposed appointment and the APH Organisation
by the Minister of Internal Affairs
Form are attached.
Fee level for the Chair and members
35
I seek agreement to a daily fee of $1,680 for the Chair, and $1,620 for the members.
These fee levels are 20 percent higher than the daily fees for current and recent
members of Royal Commissions, who have received a daily fee of $1,350, and for the
current Chair of the Royal Commission of Inquiry into Historical Abuse in State Care
and in the Care of Faith-Based Institutions.2
36
These fee levels were agreed in late 2018 for the Royal Commission of Inquiry into
Historical Abuse in State Care and in the Care of Faith-Based Institutions, and again
in early 2019 for the Royal Commission of Inquiry into the Terrorist Attack on
Christchurch Mosques on 15 March 2019.
Proactively Released
2 Justice Wil iam Young was the Chair of the Royal Commission of Inquiry into the Terrorist Attack on Christchurch
Mosques on 15 March 2019, and was paid his salary as a sitting Judge of the Supreme Court of New Zealand.
5
Classifcation removed
Classifcation removed
39
I note that the proposed budget is in line with recent inquiries. For example, the
Royal Commission of Inquiry into the Attack on the Christchurch Mosques on 15
March 2019 took over 18 months and cost approximately $14 million to complete,
while the current Ministerial review into the Future for Local Government has a
budget of $12.3 million and a two-year timeframe.
40
The Department does not have standing baseline funding to support statutory
inquiries. There are no reprioritisation opportunities within the Vote Internal Affairs
baselines to fund the estimated cost of the Royal Commission, as a number of
financial pressures already exist across the Department in 2022/23 and outyears.
41
Cabinet has previously agreed that statutory inquiries were an al of government
responsibility and should be adequately funded [CAB-18-MIN-0352 refers]. Cabinet
has also previously agreed that statutory inquiries should not compromise other
functions [CAB-18-MIN-0352 refers].
42
As the Royal Commission will commence immediately, the request for funding
cannot be deferred until Budget 2023. Funding for the Royal Commission is therefore
sought from the Between-Budget Contingency, established as part of Budget 22.
43
Accordingly, I seek approval for a total of $15.470 million increase to the Vote
Internal Affairs appropriations from 2022/23 to 2024/25 to cover the costs of the
Royal Commission.
44
If the Royal Commission’s expenditure is lower than budgeted after its close down,
then I propose that any underspend associated with the Royal Commission be
returned to the Centre.
45
The funding sought is an informed estimate of what will be required and reasonable
by the Minister of Internal Affairs
for the Royal Commission to complete its work. Once the Royal Commission
commences and plans it work in detail, there may be some variation in the budget
that requires it to be rephased. There have been previous statutory inquiries that
have required more funding and time than originally allocated. I note that there is
the potential for the Royal Commission to experience a short delay to its work due to
the likely challenges of staffing the secretariat at this time. Such a delay could then
pose a possible risk to the Royal Commission delivering its report and
recommendations by 26 June 2024.
All-of-government coordination team
46
Officials propose that an all-of-government coordination team be established,
hosted by DPMC, to coordinate and support input from across agencies to the Royal
Commission. This team would enable efficient and comprehensive support for the
Royal Commission across a large number of agencies, as well as bringing together
Proactively Released
DPMC’s own input. This input wil include col ating Cabinet papers and minutes,
material that relates to COVID-19 Independent Advisory Groups as well as work that
DPMC’s COVID-19 Group led in bringing together input from many agencies such as
Alert Level Cabinet briefings. The combined costs of these functions is $708,000 in
2022/23 and $1.699 million in 2023/24.
Table 2 below sets out the details.
7
Classifcation removed
Classifcation removed
Commission) by providing regular information and reporting on administrative and
financial matters.
54
The Royal Commission will also provide a quarterly report to the Minister of Internal
Affairs to assure the Minister that the Royal Commission is on track to deliver the
reports and recommendations required under these terms of reference. The
quarterly reports wil set out the critical activities it needs to complete and how,
along with the expected cost and timing associated with those activities.
Legislative Implications: submission of Order in Council
55
I seek authorisation to submit the Order in Council, made under the authority of the
Letters Patent and the Inquiries Act 2013, to the Executive Council on 5 December
2022. This instrument is required to establish the Royal Commission and it will
incorporate the terms of reference. Subject to decisions, it will confirm Professor
Antony Blakely as the Royal Commission’s Chair, and Hon Hekia Parata and John
Whitehead as its members.
56
Section 7 of the Inquiries Act 2013 requires the Order in Council to include specific
matters relevant for the establishment of the Royal Commission. I confirm that the
Order in Council complies with these requirements as well as the principles of the
Treaty of Waitangi; the rights and freedoms contained in the New Zealand Bil of
Rights Act 1990; the Human Rights Act 1993; the principles and guidelines set out in
the Privacy Act 1993; and relevant international standards and obligations.
57
Subject to Cabinet decisions, the Order in Council wil be submitted to the Executive
Council on 5 December 2022 and come into force on the day after its notification.
58
I propose to waive the rule that legislative instruments come into force at least 28
by the Minister of Internal Affairs
days after they have been notified in the
New Zealand Gazette, on the grounds that
the Royal Commission should be established as soon as possible.
59
I am not aware of any grounds on which the Order in Council should be drawn to the
attention of the House of Representatives under Standing Order 327 ‘Drawing
attention to regulation’. The draft Order in Council has been certified by the
Parliamentary Counsel Office as being in order for submission to Cabinet (see
Appendix A).
Impact Analysis
60
The impact analysis requirements do not apply for this paper as it does not propose
anything that involves the potential introduction of new legislation or changes to or
the repeal of existing legislation.
Proactively Released
9
Classifcation removed
Classifcation removed
Population Implications
61
As per the terms of reference, the Royal Commission’s scope includes consideration
of:
61.1 the interests of Māori in the context of a pandemic, consistent with Te Tiriti
relationship; and
61.2 the impact on, and differential support for, essential workers and populations
and communities that may be disproportionately impacted by a pandemic.
Human Rights
62
The proposals in this paper are consistent with the New Zealand Bill of Rights Act
1990 and the Human Rights Act 1993.
Consultation
63
The fol owing departments were consulted: Ministry of Business, Innovation and
Employment; Department of Corrections; New Zealand Customs Service; Ministry of
Defence; New Zealand Defence Force; Ministry for Disabled People; Ministry of
Education; National Emergency Management Agency; Ministry of Foreign Affairs and
Trade; Ministry of Health; Ministry of Justice; Office for Māori Crown Relations: Te
Arawhiti; Ministry for Pacific Peoples; New Zealand Police; Ministry for Primary
Industries; the Department of the Prime Minister and Cabinet; Public Service
Commission; Ministry of Social Development; Ministry of Transport; and the
Treasury. Crown Law Office and Parliamentary Counsel Office were also consulted.
Communications
by the Minister of Internal Affairs
64
Subject to decisions, the Prime Minister and I intend to make a public announcement
about the establishment of the Royal Commission at an appropriate time.
65
A media release will also be issued.
Proactive Release
66
I intend to proactively release this paper and the Cabinet paper ‘Establishing an
inquiry into New Zealand’s preparedness for a future pandemic’ within 30 business
days, subject to redaction as appropriate under the Official Information Act 1982.
Recommendations
The Minister of Internal Affairs recommends that Cabinet:
1
note that, on 25 October 2022
Proactively Released , Cabinet agreed:
1.1
to establish an inquiry into New Zealand’s preparedness for a future
pandemic (the Inquiry), under the Inquiries Act 2013;
10
Classifcation removed
Classifcation removed
1.2
that the Inquiry be established as a Royal Commission;
1.3
that the Minister of Internal Affairs would be the appropriate Minister for the
Inquiry;
1.4
that the Department of Internal Affairs would be the administering
department for the Inquiry;
1.5
to invite the Minister of Internal Affairs to seek agreement to the Inquiry’s
terms of reference, membership and budget in November 2022 [CAB-22-
MIN-0464 refers];
Terms of reference
2
agree that the purpose of the Royal Commission is to strengthen Aotearoa New
Zealand’s preparedness for, and response to, any future pandemic by identifying
those lessons learned from New Zealand’s response to COVID-19 that should be
applied in preparation for any future pandemic;
3
agree to the terms for reference for the Royal Commission, as contained in the
establishment instrument attached as Appendix A;
4
agree that the Royal Commission’s terms of reference are incorporated into an
Order in Council that will establish the Royal Commission;
5
agree that the Royal Commission may begin considering evidence from 1 February
2023, and that it is required to deliver a report with recommendations by 26 June
2024;
by the Minister of Internal Affairs
Appointments
6
agree that the Minister of Internal Affairs recommends the appointment of Professor
Antony Blakely as the Chair of the Royal Commission to the Governor-General
7
agree that the Minister of Internal Affairs recommends the appointment of Hon
Hekia Parata as a member of the Royal Commission to the Governor-General;
8
agree that the Minister of Internal Affairs recommends the appointment of John
Whitehead as a member of the Royal Commission to the Governor-General;
9
note that appropriate due diligence, background checks and conflict of interest
processes were carried out by the Department of Internal Affairs for the proposed
Chair and additional members of the Royal Commission;
10
agree to a daily fee of $1,680 for the Chair of the Royal Commission;
Proactively Released
11
agree to a daily fee of $1,620 for the members of the Royal Commission;
12
note that these fee levels are 20 percent higher than the daily fees for current and
recent members of Royal Commissions;
11
Classifcation removed
Classifcation removed
Financial Implications
13
agree to increase funding in Vote Internal Affairs by $15.470 million to meet the
costs of the Royal Commission;
14
note that the request for funding is urgent, cannot be met from Vote Internal Affairs
baselines, and cannot be deferred until Budget 2023;
15
approve the fol owing changes to appropriations to meet the costs of the Royal
Commission, with a corresponding impact on the operating balance and net debt:
$million – increase/(decrease)
Vote Internal
2022/23
2023/24 2024/25 2025/26 2026/27
Affairs
&
Minister of
Outyears
Internal Affairs
Multi-Category
Expenses and
Capital
Expenditure:
Support for
Statutory and
Other Bodies MCA
Departmental
Output Expense:
Commissions of
Inquiry and
4.046
8.527
0.726
-
-
Similar Bodies
by the Minister of Internal Affairs
(funded by
revenue Crown)
Non-Departmental
Other Expense:
Statutory
Inquiries
0.811
1.360
-
-
-
Total Operating
4.857
9.887
0.726
-
-
16
agree that the proposed changes to appropriations for 2022/23 above be included in
the 2022/23 Supplementary Estimates and that, in the interim, the increases be met
from Imprest Supply;
17
agree that the operating expenses incurred under recommendation 15 above be
charged against the Between-Budget Contingency, established as part of Budget
Proactively Released
2022;
18
agree in principle to transfer from 2022/23 to 2023/24, and from 2023/24 to
2024/25, any underspend in the above appropriations, with the final amounts to be
12
Classifcation removed
Classifcation removed
transferred to be confirmed as part of the relevant October Baseline Update, once
audited accounts for each financial year are available;
19
agree that
any underspend associated with the Royal Commission be returned to the
Centre after its close down;
20
note that the Department of the Prime Minister and Cabinet (DPMC) proposes to
establish and host an al -of-government coordination team for the duration of the
Royal Commission;
21
note that there is an existing departmental output expense appropriation “COVID-19
Al of Government Response” in Vote Prime Minister and Cabinet with sufficient
scope and funding remaining in 2022/23 to fund the cost of hosting the function
described in recommendation 20 above, estimated at $2.407 million over two years
($708,000 in 2022/23 and $1.699 mil ion in 2023/24);
22
note that Cabinet has previously agreed [CAB-22-MIN-0487 refers] that any
underspend remaining in the above appropriation for 2022/23 once functions
previously undertaken by DPMC have been transferred to other line agencies should
be returned to the Centre, with a high bar for DPMC to retain it;
23
agree that applying $2.407 mil ion of that underspend to the cost of hosting the
function described in recommendation 22 above is a preferred approach to
returning the full underspend to the Centre and seeking new funding of $2.407
million over two years from the Between-Budget contingency;
24
agree to apply $708,000 in 2022/23 and $1.699 mil ion in 2023/24 to enable al -of-
government coordination and DPMC input to the Royal Commission by applying
forecast 2022/23 underspend in the Vote Prime Minister and Cabinet departmental
by the Minister of Internal Affairs
output expense COVID-19 All of Government Response appropriation, as discussed
in recommendations 21 to 23 above;
25
agree to transfer $1.699 mil ion from 2022/23 to 2023/24, to ensure funding is
available for the all-of-government coordination function and DPMC input for the
duration of the Royal Commission;
26
approve the fol owing changes to appropriations to give effect to the decisions in
recommendation 25 above, with no impact on the operating balance and net debt
across the forecast period:
$million – increase/(decrease)
Vote Prime Minister
2022/23 2023/24 2024/25 2025/26 2026/27
and Cabinet
&
Minister for COVID-19
Outyears
Proactively Released
Response
Departmental Output
Expense:
(1.699)
1.699
-
-
-
13
Classifcation removed
Classifcation removed
COVID-19 All of
Government
Response
(funded by revenue
Crown)
27
agree that the proposed change to appropriations for 2022/23 above be included in
the 2022/23 Supplementary Estimates;
Submission of Order in Council
28
authorise the submission of the Order in Council, made under the authority of the
Letters Patent and the Inquiries Act 2013, to the Executive Council on 5 December
2022;
29
note that a waiver of the 28-day rule is sought so that the Order in Council can come
into force on the day after its notification, on the grounds that the Royal Commission
should be established as soon as possible;
30
agree to
a
waiver of the 28-day rule.
Authorised for lodgement
Hon Jan Tinetti
by the Minister of Internal Affairs
Minister of Internal Affairs
[Appendix A: Royal Commission of Inquiry (COVID-19 Lessons) Order 2022 (which contain the terms
of reference as a Schedule)]
This document is publicly available at:
https://www.legislation.govt.nz/regulation/public/2022/0323/latest/LMS792965.html?search=ts
_regulation%40deemedreg_Inquiry_resel_25_a&p=1
[Appendix B: APH Organisation Form and Candidate CV Forms]
These documents have been withheld under 9 (2)(a)
Proactively Released
14
Classifcation removed
Classifcation removed
CAB-22-MIN-0552
Cabinet
Minute of Decision
This document contains information for the New Zealand Cabinet. It must be treated Classifcation
and
handled in accordance with any security classification, or other endorsement. The informati
removed
on can only be
released, including under the Official Information Act 1982, by persons with the appropriate authority.
Establishment of the Royal Commission Into Lessons Learned From
Aotearoa New Zealand’s Response to COVID-19 That Should Be Applied
In Preparation For Any Future Pandemic
Portfolio
Internal Affairs
On 5 December 2022, following reference from Cabinet Business Committee, Cabinet:
1
noted that, on 25 October 2022, Cabinet:
1.1
agreed to establish an inquiry into New Zealand’s preparedness for a future
pandemic (the Inquiry), under the Inquiries Act 2013;
1.2
agreed that the Inquiry be established as a Royal Commission (the Royal
Commission);
1.3
agreed that the Minister of Internal Affairs is the appropriate Minister for the Inquiry,
and that the Department of Internal Affairs be the administering department for the
Inquiry;
by the Minister of Internal Affairs
1.4
invited the Minister of Internal Affairs to seek agreement to the Inquiry’s terms of
reference, membership and budget in November 2022;
[CAB-22-MIN-0464]
Terms of reference
2
agreed that the purpose of the Royal Commission is to strengthen Aotearoa New Zealand’s
preparedness for, and response to, any future pandemic by identifying those lessons learned
from New Zealand’s response to COVID-19 that should be applied in preparation for any
future pandemic;
3
agreed to the terms for reference for the Royal Commission, as contained in the
establishment instrument attached as Appendix A under CAB-22-SUB-0552;
4
agreed that the Royal Commission’s terms of reference are incorporated into an Order in
Proactively Released
Council that will establish the Royal Commission;
5
agreed that the Royal Commission may begin considering evidence from 1 February 2023,
and that it is required to deliver a report with recommendations by 26 June 2024;
1
5ez1prxq16 2022-12-07 10:33:32
Classifcation removed
Classifcation removed
CAB-22-MIN-0552
Appointments
6
agreed that the Minister of Internal Affairs recommend that the Governor-General appoint
Professor Antony Blakely as the Chair of the Royal Commission;
7
agreed that the Minister of Internal Affairs recommend that the Governor-General appoint
Hon Hekia Parata as a member of the Royal Commission;
8
agreed that the Minister of Internal Affairs recommend that the Governor-General appoint
John Whitehead as a member of the Royal Commission;
9
noted that appropriate due diligence, background checks and conflict of interest processes
were carried out by the Department of Internal Affairs for the proposed Chair and additional
members of the Royal Commission;
10
agreed to a daily fee of $1,680 for the Chair of the Royal Commission;
11
agreed to a daily fee of $1,620 for the members of the Royal Commission;
12
noted that the above fee levels are 20 percent higher than the daily fees for current and
recent members of Royal Commissions;
Financial Implications
13
agreed to increase funding in Vote Internal Affairs by $15 470 million to meet the costs of
the Royal Commission;
14
noted that the request for funding is urgent, cannot be met from Vote Internal Affairs
baselines, and cannot be deferred until Budget 2023;
15
approved the following changes to appropriations to meet the costs of the Royal
Commission, with a corresponding impact on the operating balance and net debt:
$mil ion – increase/(decrease)
by the Minister of Internal Affairs
Vote Internal
2022/23
2023/24
2024/25
2025/26
2026/27
Affairs
&
Minister of
Outyears
Internal Affairs
Multi-Category
Expenses and
Capital
Expenditure:
Support for
Statutory and
Other Bodies MCA
Departmental
Output Expense:
Commissions of
Inquiry and
Similar Bodies
4.046
8.527
0.726
-
-
Proactively Released
(funded by
revenue Crown)
Non-Departmental
Other Expense:
Statutory
Inquiries
0.811
1.360
-
-
-
Total Operating
4.857
9.887
0.726
-
-
2
5ez1prxq16 2022-12-07 10:33:32
Classifcation removed
Classifcation removed
CAB-22-MIN-0552
16
agreed that the changes to appropriations for 2022/23 above be included in the 2022/23
Supplementary Estimates and that, in the interim, the increases be met from Imprest Supply;
17
agreed that the operating expenses incurred under paragraph 15 above be charged against
the Between-Budget Contingency, established as part of Budget 2022;
18
agreed in principle to transfer from 2022/23 to 2023/24, and from 2023/24 to 2024/25, any
underspend in the above appropriations, with the final amounts to be transferred to be
confirmed as part of the relevant October Baseline Update, once audited accounts for each
financial year are available;
19
agreed that any underspend associated with the Royal Commission be returned to the
Centre after its closedown;
20
noted that the Department of the Prime Minister and Cabinet (DPMC) proposes to establish
and host an all-of-government coordination team for the duration of the Royal Commission;
21
noted that there is an existing departmental output expense appropriation “COVID-19 All of
Government Response” in Vote Prime Minister and Cabinet with sufficient scope and
funding remaining in 2022/23 to fund the cost of hosting the function described in paragraph
20, estimated at $2.407 million over two years ($708,000 in 2022/23 and $1.699 million in
2023/24);
22
noted that Cabinet has previously agreed that any underspend remaining in the above
appropriation for 2022/23 once functions previously undertaken by DPMC have been
transferred to other line agencies should be returned to the Centre, with a high bar for
DPMC to retain it [DEV-21-MIN-0235];
23
agreed that applying $2.407 million of that underspend to the cost of hosting the function
described in recommendation 20 above is a preferred approach to returning the full
underspend to the Centre and seeking new funding of $2.407 million over two years from
the Between-Budget contingency;
24
agreed to apply $708,000 in 2022/23 and $1.699 million in 2023/24 to enable all-of-
by the Minister of Internal Affairs
government coordination and DPMC input to the Royal Commission by applying forecast
2022/23 underspend in the Vote Prime Minister and Cabinet departmental output expense
COVID-19 All of Government Response appropriation;
25
agreed to transfer $1.699 million from 2022/23 to 2023/24, to ensure funding is available
for the all-of-government coordination function and DPMC input for the duration of the
Royal Commission;
26
approved the following changes to appropriations to give effect to the above decisions, with
no impact on the operating balance and net debt across the forecast period:
$mil ion – increase/(decrease)
Vote Prime Minister and
2022/23
2023/24
2024/25
2025/26
2026/27 &
Cabinet
Outyears
Minister for COVID-19
Response
Proactively Released
Departmental Output
Expense:
COVID-19 Al of
Government Response
(funded by revenue
(1.699)
1.699
-
-
-
Crown)
3
5ez1prxq16 2022-12-07 10:33:32
Classifcation removed
Classifcation removed
CAB-22-MIN-0552
27
agreed that the change to appropriations for 2022/23 above be included in the 2022/23
Supplementary Estimates;
Submission of Order in Council
28
authorised the submission of the Royal Commission of Inquiry (COVID-19 Lessons) Order
2022 [PCO 25137/4.0] to Executive Council on 5 December 2022;
29
noted that a waiver of the 28-day rule is sought so that the Order in Council can come into
force on the day after its notification, on the grounds that the Royal Commission should be
established as soon as possible;
30
agreed to a waiver of the 28-day rule.
Rachel Hayward
Secretary of the Cabinet
by the Minister of Internal Affairs
Proactively Released
4
5ez1prxq16 2022-12-07 10:33:32
Classifcation removed
