Inquiry will look for evidence of conduct breach

Judith Collins. Photo / Mark Mitchell

The inquiry just announced by the Prime Minister focuses on Judith Collins and asks whether there is evidence she breached conduct expected of ministers - to act lawfully and uphold the highest ethical standards; whether she improperly provided information about the former Serious Fraud Office director Adam Feeley to any other party, and whether she inappropriately sought or received information about Mr Feeley.

It is a government inquiry, which means the Prime Minister sets the terms of reference, on which he may consult Justice Lester Chisholmwho reports back to the Prime Minister in 10 weeks, after which the PM will table the report in Parliament and make it public. A retired High Court judge as the independent inquirer helps to restore public confidence.

This inquiry is not a court so it has no power to determine the criminal, civil or disciplinary liability of Ms Collins or anyone else affected by this inquiry.

But it can make findings of fault and recommendations that further steps be taken to determine liability.

This could result in subsequent court action. The inquiry also does not preclude the police or the SFO undertaking their own investigations.

The PM can amend the terms of reference by notice in the Gazette if anything new comes to light.

Otherwise, the catch-all phrase at the end of the terms of reference is tightly anchored to "any other issues relevant to the above matters".

Offences under the Inquiries Act include failing to attend an inquiry when summoned. Although witnesses summoned have privileges against self-incrimination, even a narrow Government inquiry needs to be taken seriously.