Royal Commissions 101: Their role and powers explained

New Zealand's longest-running Royal Commission is due to table its report into abuse in care later today. 1News explains the process behind these types of inquiries.

A Royal Commission of Inquiry can be held into any issue but is reserved for the most serious matters of public importance.

There are currently two Royal Commissions in progress – the Abuse in Care Royal Commission of Inquiry that is releasing its report to the public today, and the Royal Commission into New Zealand’s Covid-19 response.

Previous Royal Commissions include the inquiry into the terrorist attack on Christchurch masjidain in 2019 and the inquiry into the causes of building failures during the 2011 Canterbury earthquakes.

The Government sets the terms of reference for a Royal Commission; however the Commission works independently of the Government and reports to the Governor-General.

Royal Commissions are charged with investigating why something happened and recommending changes to prevent that situation happening again.

Like other inquiries established under the Inquiries Act 2013, a Royal Commission can summon witnesses, take evidence on oath or affirmation, and require any person to provide information.

Royal Commissions can take years. The Abuse in Care Royal Commission of Inquiry, for example, began its work back in 2018.

A Royal Commission’s final report is delivered to the Governor-General and is also tabled in Parliament.

These reports include recommendations, such as new laws or policies, but they are not legally binding. It is ultimately up to the Government to decide what to do with those recommendations, however they do carry some weight. WorkSafe, for example, was created following a recommendation by the Royal Commission of Inquiry into the Pike River Mine Tragedy.

Finally, while a Royal Commission can find people or organisations at fault, they cannot hold them liable for their actions.