5 March 2018

Hon David Parker

Attorney-General

Parliament Buildings

Wellington 6160

New Zealand

Re: Investigation into New Zealand Defence Force actions in Afghanistan

Terms of Reference

Dear Sir,
1 We write to you further to our previous correspondence of 17 November 2017 and 15 February 2018 regarding “Operation Burnham” and the need for an independent inquiry. We understand that the Government is currently giving active consideration to the initiation of an independent inquiry into Operation Burnham and related matters. To assist with that consideration, we propose to set out our clients’ representations as to the applicable standards required to be observed by the New Zealand state to discharge the obligations owed to our clients (and others), and to offer a model terms of reference for your assistance.

2 While we acknowledge that you are no doubt in receipt of your own legal advice, we propose to provide for your assistance a brief summary of some relevant legal principles which (we respectfully submit) must inform your decision-making

: Full Letter to Attorney General (pdf)

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