Sitting date: 18 December 2024

APPOINTMENTS

Inspector-General of Defence

Hon CHRIS PENK (Associate Minister of Defence): I move, That, pursuant to section 7 of the Inspector-General of Defence Act 2023, this House recommends to Her Excellency the Governor-General the appointment of Brendan John Horsley as the Inspector-General of Defence for a term commencing on 26 January 2025 and ending on 30 November 2025.

Thank you, Madam Speaker, and Merry Christmas to you and all members of the House. The role of inspector-general was set up in response to the inquiry into Operation Burnham and related matters, which recommended independent oversight of the activities of the New Zealand Defence Force. The inspector-general's functions and powers, as detailed in the Act, would enable the office to operate in a way that is consistent with the recommendations of the inquiry. The functions of the inspector-general are—one, to investigate incidents that have occurred in the course of activities of the Defence Force; two, any subsequent acts or omissions of the Defence Force in relation to those incidents; and, three, to assess and identify potential improvements or additions that the Defence Force policies and procedures governing the activities may make.

The inspector-general must have regard to the activities of other oversight bodies and is expected to consult and cooperate with other relevant people and agencies in the course of exercising the functions of the office. Those include the Secretary of Defence, the Inspector-General of Intelligence and Security, WorkSafe, the Human Rights Commissioner, and the Independent Police Conduct Authority. The inspector-general is appointed by the Governor-General on the recommendation of the House of Representatives.

Mr Horsley has held the office of Inspector-General of Intelligence and Security since June 2020. In that role, he is responsible for overseeing the New Zealand Security Intelligence Service, SIS, and the Government Communications Security Bureau, GCSB, to ensure that they act with propriety and operate lawfully and effectively. He was the Deputy Solicitor-General, criminal group, at Crown Law from 2014 to 2020 and had responsibility for the professional leadership and supervision of the Crown prosecution network. He was also the first national director of the Public Defence Service in 2011 to 2014.

I am proposing Mr Horsley to concurrently hold appointment as Inspector-General of Defence, in which capacity he will provide experienced and expert oversight of the role until I am in a position, or perhaps a ministerial colleague is in a position, to confirm a longer-term appointment. I anticipate that that will take place in late 2025.

In conclusion, colleagues of the House, Mr Horsley's experience will be invaluable in overseeing the establishment of the new office.

SPEAKER: The question is that the motion be agreed to.

Hon PEENI HENARE (Labour): Thank you, Madam Speaker. I stand on behalf of the Labour Party to support and endorse the recommendation of the Government for this appointment. Mr Horsley brings significant experience to the role; as already mentioned by the Minister, his track record and his career speaks for itself, so we won't labour the point too long other than to say that we support this appointment.

The Minister has also highlighted the pathway that has been tread by Operation Burnham and the significant hard work of a working group led by Lyn Provost to make sure that we can come to this point and make this appointment. I thank the Minister for explaining the process moving forward after having set the date for Mr Horsley's appointment. We look forward to working with the Government on that particular appointment when that time comes.

So we thank the Minister, we wish Mr Horsley all the best, and on behalf of the Labour Party we say to all of our New Zealand Defence Force personnel, current and former: all the best, merry Christmas and a happy New Year.

TEANAU TUIONO (Green): I rise on behalf of the Greens to also support this motion of the appointment of Mr Brendan John Horsley as the Inspector-General of Defence. Noting, as others have noted—the two speakers before me, the Hon Chris Penk and the Hon Peeni Henare—that he has significant experience, for example, in his role with the intelligence and security and other statutory bodies as well. He has been the Deputy Solicitor-General, director of the Public Defence Service for the Ministry of Justice, a member of the Commerce Commission's litigation team, and a solicitor and Crown prosecutor. So significant experience there.

Just acknowledging the role that was established in response to the findings of Operation Burnham and the importance of those findings as well to make sure that we have parliamentary oversight, that there is a ministerial responsibility in relation to defence matters. These things are incredibly, incredibly important. Just to highlight, for those listening at home as well, there's two essential functions, as I understand it: an investigation function with appropriate supporting powers to scrutinise in response to issues that have occurred; and an assessment function to assess processes, procedures, and policies, and identify gaps to prevent issues from occurring in the future. This is a good thing—transparency and accountability—and I join with others around the House wishing all the personnel in our defence forces a Merry Christmas.

Motion agreed to.

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