Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Approval for Inquiry into Operation Burnham

Hon David Parker
Attorney-General

11 April 2018
MEDIA STATEMENT

Approval for Inquiry into Operation Burnham

Attorney-General David Parker has today announced a Government Inquiry will be held into Operation Burnham and related events.

The operation undertaken in Tirgiran Valley, Afghanistan, by NZSAS troops and other nations’ forces operating as part of the International Security Assistance Force took place on 21-22 August 2010.

It was the subject of the book Hit & Run by authors Nicky Hager and Jon Stephenson which contained a number of serious allegations against New Zealand Defence Force (NZDF) personnel involved in the operation.

“In deciding whether to initiate an inquiry I have considered material including certain video footage of the operation,” says Mr Parker.

“The footage I have reviewed does not seem to me to corroborate some key aspects of the book Hit & Run.

“The footage suggests that there was a group of armed individuals in the village.

“However, the material I have seen does not conclusively answer some of the questions raised by the authors.

“In light of that, and bearing in mind the need for the public to have confidence in the NZDF, I have decided in the public interest that an inquiry is warranted.”

Commissioning this inquiry does not mean the Government accepts the criticisms of the actions of SAS forces on the ground, although their conduct is squarely within the inquiry’s purview and will be thoroughly examined.

The inquiry, established under s 6(3) of the Inquiries Act 2013, will be undertaken by two persons of the highest repute, former Supreme Court judge Sir Terence Arnold and Sir Geoffrey Palmer. As required by statute, it will act independently, impartially and fairly.

Given the classified nature of some information that will be made available to the inquiry, it is possible that two forms of report will be provided; one a public version and a second version referring to classified or confidential information.

Mr Parker said the inquiry would seek to establish the facts in connection with the allegations, examine the treatment by NZDF of reports of civilian casualties following the operation, and assess the conduct of the NZDF forces, including compliance with the applicable rules of engagement and international humanitarian law and the authorisation – military and, if any, political - for Operation Burnham.

It will assess the status – civilian or insurgent – of the Afghan nationals in the area of the operation.

It will also assess the extent to which NZDF rules of engagement authorised “targeted killings” and whether this was clearly explained to those involved in approving the rules of engagement.

The accuracy of public statements made by NZDF and the accuracy of written briefings to ministers about civilian casualties will also fall within the inquiry’s scope.

The inquiry will also be asked to examine whether NZDF’s transport and/or transfer of suspected insurgent Qari Miraj in 2011 to the Afghanistan National Directorate of Security in Kabul was proper given, amongst other matters, the June 2010 decision of the High Court of England and Wales in R (on the application of Evans) v Secretary of State for Defence.

The inquiry, in common with all inquiries under the Inquiries Act, has no power to determine the civil, criminal, or disciplinary liability of any person. However it may, if justified, make findings of fault and recommend further steps be taken to determine liability.

Inquiry_into_Operation_Burnham__Terms_of_Reference.pdf

Media_Q_and_A_Operation_Burnham.pdf


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Thompson+ Clark, And Russia’s FIFA World Cup

Daily, the coalition government keeps running into examples of the toxic legacy left behind by National – and just as regularly, even the simple fixes are proving stubbornly difficult to enact. Take the case of the security firm Thompson + Clark, which has been employed – time and again - by state agencies over the past decade, to spy on (and provide security against) ordinary New Zealanders engaged in lawful forms of protest. More>>

 

HiveMind: Fair Enough? How Should New Zealanders Be Taxed?

Have Your Say! Scoop and PEP invite you to share your issues, ideas and perspectives on the NZ tax system with other New Zealanders using Scoop’s HiveMind tool. This Tax HiveMind is intended to complement and feed into the review being run by the Government-appointed Tax Working Group (TWG), which is looking at the fairness, balance and structure of the tax system with a 10-year time horizon. More>>

ALSO:

Gordon Campbell: On The GCSB’s Security Hang-Up With Russia

So our GCSB has chimed in, alongside its British, Australian and US allies, with warnings about a “fresh wave” of Russian cyber attacks, although the warning has been curiously framed. More>>

ALSO:

PM's Europe Trip: CHOGM & Bilateral Meetings

Prime Minister Jacinda Ardern is in urope for the Commonwealth Heads of Government Meeting (CHOGM) in London and meetings with counterparts in Paris and Berlin. More>>

ALSO:

Hit And Run: AG Gives Approval For Inquiry

Attorney-General David Parker has today announced a Government Inquiry will be held into Operation Burnham and related events. The operation undertaken in Tirgiran Valley, Afghanistan, ... More>>

ALSO:

Addressing Climate Change: No New Offshore Exploration Permits

The Coalition Government is taking an important step to address climate change and create a clean, green and sustainable future for New Zealand, Prime Minister Jacinda Ardern announced today. More>>

ALSO:

Road Safety Summit: Actions To Improve Identified

The Local Government Road Safety Summit held last week identified actions that will lead to lasting changes to road safety in New Zealand, says Associate Transport Minister Julie Anne Genter. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages