Appointments — Inspector-General of Defence and Deputy Inspector-General of Defence

on behalf of the Minister of Justice: I move, That, under section 7 of the Inspector-General of Defence Act 2023, this House recommend to Her Excellency the Governor-General the appointment of the Hon Justice Timothy Charles Brewer ONZM as the Inspector-General of Defence for a term of five years commencing on 1 December 2025, and that, under section 11 of the Inspector General of Defence Act 2023, this House recommend to Her Excellency the Governor-General the appointment of Natalie Ruth Pierce as the Deputy Inspector-General of Defence for a term of three years from 10 November 2025.

The positions of Inspector-General of Defence and Deputy Inspector-General are statutory officers established to provide independent oversight of the New Zealand Defence Force (NZDF). They are established by the Inspector-General of Defence Act 2023, which came into force on 26 January 2025. The functions of the Inspector-General of Defence are to investigate incidents that have occurred in the course of activities of the New Zealand Defence Force and any subsequent acts or omissions in the New Zealand Defence Force in relation to those incidents; to assess and identify potential improvements or additions to policies and procedures governing activities of the NZDF. The Inspector-General of Defence may carry out any such investigation or assessment on their own initiative or at the request of the Minister, the Secretary of Defence, or the Chief of Defence Force.

These appointments are made by the Governor-General on the recommendation of the House of Representatives. The Act provides that the initial term for the Inspector-General of Defence may be up to five years and the initial term for the Deputy Inspector-General of Defence may be for up to three years. The Inspector-General can be reappointed for one further term of up to three years. The deputy may be reappointed for one or more further terms of up to three years.

In December 2024, Mr Brendan Horsley was appointed as interim Inspector-General. His term in that role expires on 30 November 2025. The intention has been for Mr Horsley to provide experienced and expert oversight for the role of Inspector-General until a longer-term appointment can be confirmed. The Minister is now proposing the Hon Justice Timothy Brewer for appointment as the Inspector-General of Defence, with effect from 1 December 2025.

It’s considered that he has impeccable qualifications for the role. Justice Brewer was appointed to the High Court in 2010. He will retire from the bench on 15 November 2025. He will bring to the role of Inspector-General a combination of judicial experience and extensive knowledge of the Defence Force. He joined the Territorial Force of the New Zealand Army in 1976. In 2000, he was promoted to brigadier and appointed Territorial Force Adviser to the Chief of Army. He has a long-held interest in military law, including the law of armed conflict. He was appointed as a member of the court martial panel of advocates in 2001, judge advocate from 2004 to 2009, and judge of the Court Martial of New Zealand in 2009. In 2009, as brigadier, he took a three-month contract and served in Afghanistan. His job was to evaluate the role of the NZDF in Afghanistan and report to Government on the options for withdrawal from that theatre of operations. He retired from the army in 2009, following his return from Afghanistan.

The Minister is also proposing the appointment of a Deputy Inspector-General of Defence. Over time, the appointee will assume responsibility for the day-to-day management of the office. The appointee must also, if required, be able to stand in for the Inspector-General in every aspect of the role. Ms Natalie Pierce is recommended for the Deputy Inspector-General of Defence position following a rigorous selection process. She has excellent credentials for the role. She has been in practice as a barrister since 2021 and specialises in domestic and international criminal law, human rights, and national defence and security. She has previously served as chief adviser to the Government inquiry into Operation Burnham and related matters, providing expert advice on detention and torture. As principal legal adviser and project lead, she was closely involved in the establishment of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions. Amongst other earlier career positions, Ms Pierce was a legal intern with the Office of the United Nations High Commissioner for Refugees. Ms Pierce has good knowledge of NZDF processes and policies through her current role as senior counsel on the NZDF panel of counsel and her extensive work with the Operation Burnham inquiry. Ms Pearce will bring to the deputy role a rounded legal and investigatory skill set, relevant international law experience, the ability to exercise sound judgment, and the ability to take an effective leadership role with a small team. Thank you, Madam Speaker.

The question is that the motion be agreed to.

Thank you, Madam Speaker. I stand in support of the motion offered by the Government in the appointment of two very highly qualified and highly experienced members to these important statutory roles.

For context, Operation Burnham was an important piece of work undertaken by a very good and independent group of people that could allow a rare view for the public into the workings of the New Zealand Defence Force (NZDF)—the decision making, the chain of command, and where accountability sits. From Operation Burnham, there were a number of recommendations, of which this was one of them: the creation of the role of the Inspector-General of Defence (IGD), and the need to, in the words of the Operation Burnham report, “democratise Defence” to make sure that there are processes in there that continue to uphold the expectations of the broader population—not only of the Defence Force but, of course, the role the Minister of Defence and the Government plays in the way that operations are undertaken, in the way that the chain of command is given.

This is an important role. It’s an important role that demands integrity. It’s an important role that demands transparency to give the public the confidence that the operations that the New Zealand Defence Force embarks on or are deployed to are undertaken with the utmost integrity, transparency, and with clear chains of command to make sure that the operation is conducted appropriately according to international law and the standards—the high standards, I should say—that we all set as a country for our people who are deployed overseas.

In my time as the defence Minister, this particular piece of legislation was undertaken and then subsequently was made into law, and now we, as the Minister has rightly pointed out, have had somebody in a transition role or a caretaker role, so I think it’s about time that we’ve made a very clear statement in the appointment of these two very good candidates for the role.

Of course, the support of the Hon Justice Timothy Charles Brewer to the Inspector-General of Defence is a good appointment. As the Minister pointed out, he brings together a good mix of legal experience while also the experience in the armed forces, in the New Zealand Defence Force, rising to the rank of brigadier. That isn’t a very common skill set to have, which is why this person couldn’t be more better suited to the role, to make sure that they bring that understanding and that knowledge to bear in any of the reviews that the IGD can be asked to undertake on behalf of New Zealand, but also the ones that the IGD office can undertake under their own power and of their own will to make sure that we continue to have, as I mentioned earlier, an NZDF that continues to conduct itself to the high standards we all expect.

The appointment of the Deputy Inspector-General of Defence, I think, is a good move. The Minister made clear in her contribution before mine that the deputy role is not only just to support the Inspector-General of Defence role but also to have broader oversight over the actual workings of the office, which I think is an important thing to note. The Minister also pointed out that this particular candidate—this particular person—was involved in the royal commission of inquiry into abuse in State care, and my experience as a Minister and the undertaking of that particular royal commission of inquiry is that it did require a large amount of administration, a large amount of leadership, to ensure that the office actually performed to the expectations that we all have of the office. In the appointment of Natalie Ruth Pierce as the Deputy Inspector-General of Defence, the Minister rightly points out her expertise in this field, her strong legal mind, as well as her ongoing undertaking of education—as I understand it, studying at Oxford at this point in time.

The Labour Party stands to support these two appointments. We continue to support the office of the Inspector-General of Defence for the matters I’ve raised earlier, and we look forward to working with the IGD moving forward.

Just finally, can we thank the Minister of Defence, who I know reached out to the Leader of the Opposition early in the appointment process. That is, of course, a good show of bipartisan politics, and something that I believe, in particular in defence, belongs in that space, where the more support we can have across this House gives New Zealanders and the NZDF the confidence they need and the confidence they deserve from this House. Thank you.

Kia ora, Madam Speaker. I rise on behalf of the Greens to support the motion by the Minister. These are important positions, and just to acknowledge the strong portfolios, the strong curricula vitae, the CVs, that the Minister read out as well, which points to their ability, I think, to be able to take on this very important role.

The role of the Inspector-General of Defence is a very important role. The Defence Force is unlike any other organisation in Aotearoa, which involves significant authority but also deserves appropriate accountability. Where that authority is misused, especially where there are devastating consequences such as loss of life, it is critical that there is the opportunity for inquiry and for accountability.

The office of the Inspector-General of Defence was established by the Inspector-General of Defence Act 2023, which came into force in January this year, so acknowledging the work done there as well. There is a long history behind the establishment of this office. The office of the InspectorGeneral of Defence was established in response to the findings of the inquiry into Operation Burnham. That inquiry found failures in process, accountability, and transparency that went right up to the ranks to three successive heads of our military. They were failures in process, transparency, and accountability that impacted the ability of successive Ministers, who were the only and the highest civilian accountability mechanism for our military to conduct their roles with integrity.

There always remains a risk of misconduct or fundamental failings, and that’s especially as our military escalates. I note our participation in joint operations alongside the likes of the United States. It’s important that we have adequate measures to ensure that our Defence Force adheres to the rule of law, adheres to human rights, and does not bring itself into fundamental disrepute. I do acknowledge the point made by the previous two speakers about the bringing on of a Deputy Inspector-General as well, noting that the Government has made a significant investment—$12 billion and growing—and our role in cooperation with the US will require there to be a greater level of scrutiny and a greater ability to hold the military to account. I think it’s also important for us to make sure that there are sufficient resources as well, with a bigger investment of $12 billion and growing, a closer alignment with the United States—which is not a problem for some people in this House, but it is a problem for the Greens, noting that issues around the independence of Aotearoa New Zealand are important for some in this House. Having the resources for the Inspector-General of Defence is incredibly important to make sure that it happens as well.

For these reasons, it is critical for those who are appointed to the roles of the Inspector-General of Defence and Deputy Inspector-General of Defence to be well equipped to provide independent scrutiny of the New Zealand Defence Force and help to ensure that the New Zealand Defence Force always acts in compliance with international law. I think that’s a pretty important point to make, given the state of the world at this particular point in time.

The office of the Inspector-General has two essential functions: 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.

We wish the new Inspector-General of Defence the best of success as he ensures that the Defence Force is subject to transparency and accountability, and extend those best wishes also to the Deputy Inspector-General. We support the motion.

Motion agreed to.

I declare the House in committee for consideration of the Regulatory Standards Bill, the Crimes (Countering Foreign Interference) Amendment Bill, the Crimes Legislation (Stalking and Harassment) Amendment Bill, and the Offshore Renewable Energy Bill.