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The Inquiry's terms of reference Ngā Tūtohu Mahi

Below is a summary of the Inquiry's current terms of reference.

The terms of reference for the Royal Commission set out details about the Inquiry, including who will lead the Inquiry and what topics will be assessed.

The Inquiry is tasked with looking at how to strengthen Aotearoa New Zealand’s preparedness for future pandemics. It will do this by identifying what lessons can be learned from New Zealand’s response to COVID-19, and how those lessons could be applied in preparation for any future pandemic.

The Royal Commission has already produced its first report, assessing the topics laid out in the Phase One terms of reference (detailed below).

Phase Two of the Inquiry is now underway. Phase Two will be assessing some additional aspects of Aotearoa New Zealand’s COVID-19 response, as well as building on the work of Phase One by looking at certain topics in more detail.

The Phase Two terms of reference

Phase Two has been directed to review key decisions in certain areas made by the New Zealand Government between February 2021 and October 2022.

A key decision is a decision made by the Government that has a significant impact on a large number of people or that has a significant cost at a national or regional level (or both).

The Inquiry has been asked to review key decisions that took place between February 2021 and October 2022 in these areas:

  • The use of vaccines to manage COVID-19, including the use of mandates, the approval of vaccines, and vaccine safety (including monitoring and reporting of adverse reactions). Adverse reactions are harmful effects suspected to be caused by a medicine or vaccine.
  • The use of lockdowns in 2021 and 2022, especially the national lockdown in August and September 2021 and the Auckland/Northland extended lockdown in September 2021.
  • Testing, tracing, and other public health tools. How Aotearoa New Zealand accessed and developed testing and tracing tools (like RAT tests) and other public health materials (like face masks) and the role the private sector played in getting access to and developing these tools and materials.

When reviewing these key decisions, the Inquiry will consider:

  • If the Government considered the impact these decisions might have on our society, our health and education, and on our economy compared to how much these decisions would help manage COVID-19.
  • If these decisions reflected advice given to Government or international data.
  • If these decisions produced consequences that couldn’t have been predicted.
  • New Zealand’s circumstances and the information the Government had access to at the time the decision was made.

The Inquiry will provide recommendations to the Government on things that should be considered when making decisions during a pandemic in the future.

Out of scope

The Inquiry can only make findings and recommendations on the topics specifically listed in the terms of reference.

There are some areas the Inquiry won’t make recommendations on including:

  • Particular clinical decisions made by clinicians (like doctors) or public health authorities.
  • How COVID-19 measures were applied to individual cases.
  • Approvals and regulation of vaccines other than the COVID-19 vaccines.
  • The specific epidemiology of the COVID-19 virus e.g. how it spreads.
  • The recent reforms to the health system.
  • The judgements of the court system and other agencies like the Ombudsman, the Privacy Commissioner, or the Independent Policy Conduct Authority.
  • The operation of private businesses, unless they delivered services important to the pandemic response.
  • Decisions made by the Reserve Bank’s independent monetary policy committee.
  • How court procedures and parliament processes were adapted during the pandemic.
  • The conduct of the general election during the pandemic.

How the Inquiry will operate

The Inquiry’s approach will generally be formal in nature, using procedures such as interviews and public hearings as part of our approach to gathering key evidence.

Outside of hearings and interviews, there will be a range of ways people can participate. The Inquiry will make it easy for people to share their insights and experiences.

Where we can, we will make our proceedings both visible and open to the public. We’ll also provide regular updates on our work via our newsletter, website, social media, and via the media.

The Inquiry will gather evidence in a range of ways and from a range of sources, including from key decision-makers, publicly available sources, and members of the public.

The Phase Two report is due by 26 February 2026.

During Phase One the Inquiry was tasked with looking at how to strengthen Aotearoa New Zealand’s preparedness for future pandemics. It did this by identifying what lessons can be learned from New Zealand’s response to COVID-19, and how those lessons could be applied in preparation for any future pandemic.

The Phase One terms of reference for the Inquiry included looking at and considering for the future:

  • The public health response and delivery of health services – things like border closures and MIQ arrangements; the approval of and mandating of vaccines; lockdowns and isolation arrangements; as well as vaccine passes, gathering limits, and personal protective equipment (or PPE).
  • The provision of goods and services – things like how people’s everyday needs were met during the pandemic, such as the provision of lifeline utilities and services, e.g. water and electricity; how education and childcare services were delivered; and other essential services that the Government provides, like regular superannuation payments or housing.
  • The economic response – things like how support to individuals and businesses was provided, like the wage subsidy, for example; exemptions that were put in place for specific industries like farming, for example; and the Government’s economic response more generally.
  • Government communication, engagement, and decision-making – things like how people and communities were communicated and engaged with during the pandemic, in order to limit the spread of the virus and ensure people were kept safe, and what sort of decision-making structures and arrangements might be used or put in place during a pandemic that continues for a long time.

The Inquiry was also tasked with looking at what kinds of legislative and policy settings and delivery approaches could improve New Zealand’s preparedness and response to a future pandemic.

The Inquiry is also considered the interests of Māori in the context of the pandemic, consistent with Te Tiriti o Waitangi relationships.

The Inquiry also looked at how to best support the wellbeing of essential workers (people working in supermarkets or at the border, for example), and communities and population groups (Māori and Pasifika, for example) who are likely to be most impacted by a pandemic.

Phase One - Limits to the Inquiry's scope

There were limits to the Inquiry's scope. These included:

  • Particular clinical decisions made by clinicians or by public health authorities during the pandemic;
  • How and when the strategies and other measures devised in response to COVID-19 were implemented or applied in particular situations or in individual cases;
  • The specific epidemiology of the COVID-19 virus and its variants;
  • Vaccine efficacy;
  • Recent reforms to New Zealand’s health system, including the organisational arrangements for public health services;
  • The judgments and decisions of courts and tribunals and independent agencies such as the Ombudsman, the Privacy Commissioner, or the Independent Police Conduct Authority relating to the pandemic;
  • The operation of the private sector, except where the private sector delivers services integral to a pandemic response;
  • Particular decisions taken by the Reserve Bank’s independent monetary policy committee during the pandemic;
  • Any adaptation of court procedures by the judiciary during the pandemic;
  • Any adaptation of parliamentary processes during the pandemic;
  • The conduct of the general election during the pandemic. 

Click here to read the Inquiry's Phase One terms of reference in full. 
Click here to read the Inquiry's Phase Two terms of reference in full.