The Government has released detailed terms of reference for the next phase of the Royal Commission into the Covid-19 response. Here’s what New Zealanders can expect to see out of it.
When the Royal Commission of Inquiry into Covid-19 lessons was established in December 2022, then-Prime Minister Jacinda Ardern said there had been no playbook for managing a pandemic of that scale.
Some of the previous government’s decisions around the pandemic response proved to be extremely contentious – so much so, that both ACT and NZ First campaigned on expanding an inquiry into those decisions.
Now, the coalition Government has finalised the detailed terms of reference for that inquiry. Here’s what you need to know.
This is what Kiwis are being asked as a Royal Commission opens to public submissions. (Source: 1News)
Beginning a second phase
These terms of reference relate to Phase 2 of the Royal Commission.
The second phase begins in November and will feature new commissioners. The commissioners from Phase 1 will resign from their roles when that phase ends on November 28.
READ MORE: The role and powers of a Royal Commission explained
Minister of Internal Affairs Brooke van Velden said in June that the second phase met the requirements of the Government’s coalition agreements to expand the inquiry, “while maintaining the integrity of the statutory inquiry system”.
At the time, NZ First leader Winston Peters said his party supported the second phase of the inquiry, but disagreed with allowing the current inquiry to continue. It saw the coalition’s “agree to disagree” provision invoked.
The balance of the elimination strategy and management of the MIQ system are two issues critics say should be included. (Source: 1News)
What’s up for review now?
The second phase of the inquiry will look at key decisions made by the Government between February 2021 and October 2022 in relation to Covid vaccines and lockdowns during that period.
Specifically, the inquiry will look at:
- Vaccine mandates
- The approval of specific Covid-19 vaccines
- Vaccine safety, including the monitoring and reporting of adverse reactions
- The nationwide lockdown in August and September 2021 when the Delta variant of the virus was first detected in the community
- The extended lockdown in Auckland and Northland in 2021
- The testing and tracing technologies used over that time, specifically the impact of private sector involvement or non-involvement.
The second phase of the inquiry will also assess the effect the Covid response decisions had on inflation, debt and business activity, as well as on health and education.
As part of this, Phase 2 will examine whether those decisions reflected the advice given to decision makers at the time, and whether they struck a reasonable balance between public health goals and minimising social and economic disruption.
The terms of reference also list what’s outside the scope of the inquiry. This includes particular clinical decisions made by clinicians or public health authorities, the operation of the general regulatory system for vaccines, recent reforms to the health system, and particular decisions made by the Reserve Bank, among other matters.
Reporting back
Grant Illingworth KC has been appointed as Chair of Phase 2 of the inquiry. He will be joined by commissioners Judy Kavanagh and Anthony Hill.
The second phase begins in November and will include hearing evidence in public when it’s appropriate to do so.
The final report with recommendations is due in February 2026.
As is the case with all Royal Commissions, the inquiry won’t have the power to determine the civil, criminal, or disciplinary liability of anyone over their actions.
