Former prime minister Dame Jacinda Ardern and three other pandemic-era ministers have declined to appear at a public hearing of the Covid-19 inquiry next week.
Grant Illingworth KC, the chairperson of the Royal Commission of Inquiry into the pandemic response, said a second week of hearings was no longer justified as a result
The decision by the inquiry followed the former ministers — Ardern, Chris Hipkins, Grant Robertson and Ayesha Verrall — jointly declining the offer to answer questions in public.
Illingworth said the ex-Labour government ministers had provided a “significant” amount of information via private interviews and that he was “confident” that the absence didn’t “hamper us in our ability to obtain information”.
A report into NZ’s Covid response has found the health system was strained but never overwhelmed by Covid-19 cases. (Source: 1News)
“Public hearings are only one mechanism of obtaining evidence, and their use is restricted under our terms of reference,” the chairperson said in a media release.
However, he restated that the inquiry has “not changed its view that an open hearing would enhance public confidence in its processes”, and further added that commissioners had considered using powers to summon the former ministers to appear in public.
“We have been tasked with reviewing those decisions, and we thought it was important that the public see and hear for themselves important evidence about why some key decisions about the response to Covid-19 were made and for what reason.”
But the inquiry chairperson said issuing a summons for the ministers to appear would have been “legalistic and adversarial”.
“On balance, we are of the view that a summons is undesirable given that the former ministers continue to co-operate with the evidence-gathering of the inquiry,” he said.
“It is our opinion that the use of summonses to achieve their participation at a public hearing would be legalistic and adversarial, which our terms of reference prohibit.”
‘Performative’: ex-ministers on a public hearing
Labour pandemic-era ministers Chris Hipkins, Grant Robertson and Ayesha Verrall have also declined. (Source: 1News)
On August 7, the four politicians invited to the inquiry declined the invitation, arguing ministers should be interviewed privately rather than in public hearings.
They claimed repeating questions already asked in private interviews would be “performative rather than informative”, according to a summary provided by the inquiry.
Live-streaming the hearing also created risks of recordings being “manipulated or otherwise misused”, a risk “ought to have [been] foreseen and planned for”.
There were also concerns about potential abuse, with “evidence of such abuse being directed at witnesses and others following our July hearing”.
A spokesperson for Ardern had previously stated in July that she would provide evidence to the commission, but did not commit to appearing at a public hearing.
All former ministers had been cooperative in private interviews and agreed to answer further questions as needed, the commissioners noted.
While acknowledging misuse risks with a live-stream, a minute from the inquiry contended that the concerns, on their own, didn’t justify not holding a public hearing, given former ministers are already figures regularly appearing in media.
Labour leader ‘running from his record’ — National
National MP and senior party figure Chris Bishop said former Covid-19 minister and current Labour leader Chris Hipkins was “running from his record”.
“Chris Hipkins is telling New Zealanders he does not care about the effects his decisions have had on Kiwis,” he said, also referring to a controversial Treasury report, released last week, which was indirectly critical of spending decisions during the pandemic response.
“Hipkins was in the front seat for some of the most destructive parts of the … spend-up, including unprecedented levels of untargeted spending and prolonged Auckland lockdowns, which led to widespread economic and social damage,” Bishop said.
Meanwhile, ACT leader David Seymour said the refusal meant Hipkins “is not fit to act as opposition leader, let alone return to government”.
“Hipkins and co loved the limelight at 1pm every day. They wielded extraordinary powers over citizens’ lives, dismissing those who questioned them as uncaring. Now they’re refusing to even show up, what a contrast,” he said.
“Jacinda Ardern, Chris Hipkins, Grant Robertson, and Ayesha Verrall must change course and agree to publicly front the Royal Commission. It is a matter of duty and respect.
Hipkins ‘I answered every question they had’
Speaking outside the House at Parliament today, Hipkins said he and his Labour colleagues had co-operated fully with the inquiry. “We have showed up to the inquiry. I have showed up to the inquiry. I have been interviewed by them twice.”
He said he had provided written evidence to the inquiry. “I have answered every question that they had. I attended the interview that they scheduled for me. They asked for two hours, they ran out of questions after an hour. They’ve indicated they have no further questions for me at that point.”
He said he was then asked to repeat his answers again at another process. “I’d already answered all of their questions. They themselves said it wasn’t a matter of gathering further information, that there was no further information they were looking for from me.”
“I don’t accept [attending] would increase the public clarity the Royal Commission would have. I already appeared for them and they ran out of questions for me.”
Inquiry due to report back in February
The inquiry could hold a public hearing only if members considered it would “significantly enhance public confidence in the processes, findings and recommendations”.
Commissioners were due to report back to the Governor-General at the end of February 2026, and the decision not to proceed with a hearing would not impact timelines.
A second phase of the Royal Commission into the Covid-19 response was introduced by the Government after a “first phase” which was completed last year.
Some of the previous Labour government’s decisions around the pandemic response proved to be extremely contentious – so much so, that both ACT and NZ First campaigned on expanding an inquiry into those decisions.
Expanding public hearings and the terms of reference into the Covid-19 response was part of National and NZ First’s coalition agreement to form a government.
