(c) Steps taken to recognise, respect and support Māori rangatiratanga (sovereign authority)
and self-determination to design their own solutions and implement their own initiatives
to address Māori and mental health in accordance with tikanga Māori.
Articles 12 and 13
Operation Burnham (List of Issues item 27)
164.
In 2018, the Attorney-General established the Government Inquiry into Operation Burnham
and Related Matters (Inquiry). The Inquiry examined allegations of wrongdoing by the Defence
Force during operations conducted in Afghanistan in 2010 and 2011. It found that the Defence
Force’s failure to provide full and accurate information to Ministers, and to adequately
scrutinise or respond to information, disrupted the principles of democratic oversight of the
military and ministerial accountability to Parliament.181
165.
The Government has implemented the four recommendations from the Inquiry:
(a) In January 2021, the Defence Force issued Order 35: Response to Civilian Harm, which set
out how allegations of civilian casualties should be dealt with in-theatre and at Defence
Force headquarters.
(b) Order 35 established an Expert Review Group to ensure the Defence Force’s organisational
structure, record-keeping, and retrieval processes align with international best practice.
The Review Group’s report was released by the Minister of Defence in November 2021.
(c) In October 2022, the government introduced the Inspector-General of Defence Bill to
establish an Inspector-General of Defence (IGD) to ensure independent oversight of the
Defence Force. Some submitters have raised concerns about the transparency of the IGDs
processes, for example under the current Bill it is not subject to the Official Information
Act. The Foreign Affairs, Defence and Trade Committee are due to report back on the Bill
on 23 June 2023.
(d) In December 2022, the Government announced a new framework for effective offshore
detention policies and procedures and for how allegations of torture and mistreatment are
dealt with.
Inquiry into events in Afghanistan
166.
In June 2020, the Inspector-General of Intelligence and Security (IGIS),182 issued its Report of
Inquiry into the role of the Government Communication and Security Bureau (GCSB) and the
New Zealand Security and Intelligence Service (NZSIS) in relation to certain specific events in
Afghanistan between 2009 and 2013.183 The IGIS looked in depth at the performance of the
GCSB and NZIS in considering and applying human rights obligations, including in respect of
181
Report of the Government Inquiry into Operation Burnham and related matters (July 2020) available at
https://operationburnham.inquiry.govt.nz/inquiry-report.
182 The Inspector-General of Intelligence and Security was established to provide independent oversight of the Aotearoa
New Zealand Security Intelligence Service and the Government Communications Security Bureau. The Service and the
Bureau are Aotearoa New Zealand's primary civilian intelligence and security agencies.
183 Office of the Inspector-General of Intelligence and Security, Report of Inquiry into the role of the GCSB and the NZSIS in
relation to certain specific events in Afghanistan (June 2020) available at https://igis.govt.nz/assets/Inquiries/Inquiryinto-events-in-Afghanistan.pdf.
38