Public Hearing Module 3 - Monday 29 July and Tuesday 30 July 2019

Minute No 17 sets out the revised agenda for Public Hearing Module 3 held in Wellington on Monday 29 July and Tuesday 30 July 2019 at the Thorndon Hotel, 24 Hawkestone Street, Thorndon.

Read the full text here

Please find the updated agenda here [PDF, 635 KB].

Read the hearing transcript here:

Day 1: Monday 29 July 2019 [PDF, 500 KB]

Day 2: Tuesday 30 July 2019 [PDF, 400 KB]


Legal opinions for Public Hearing Module 3

The Inquiry has commissioned expert legal opinions from two prominent international lawyers.

Emeritus Professor Sir Kenneth Keith, a former judge of the International Court of Justice, has provided an opinion on International Humanitarian Law and the Law of Armed Conflict. These bodies of law limit the use of force in non-international armed conflict such as the conflict in Afghanistan was at the time of Operation Burnham. Professor Keith also covers the law on detention.

Professor Dapo Akande, Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict, University of Oxford, has provided an opinion on the international legal principles and rules that govern predetermined and offensive use of force against identified individuals in the context of non-international armed conflict. The opinion specifically references the Joint Prioritised Effects List.

The legal issues under scrutiny are difficult. Their application is not simple. These opinions will help clarify the issues.

The Inquiry is grateful to the two experts for their willingness to provide their views. They will also speak at the hearing. 

Opinion of Sir Kenneth Keith [PDF, 774 KB]

Opinion of Professor Dapo Akande [PDF, 526 KB]


Presentations Day 1

The international legal framework

Sir Kenneth Keith - see his opinion above

Crown agencies joint presentation - Paul Rishworth QC:

Read the presentation here [PDF, 13 MB]

Counsel for Jon Stephenson, co-author Hit & Run - Sam Humphrey:

Read the presentation here [PDF, 134 KB]

Nicky Hager, co-author Hit & Run:

Read the presentation here [PDF, 344 KB]


Presentations Day 2

Joint Prioritised Effects List

Professor Dapo Akande - see his opinion above 

New Zealand Defence Force - Brig. Lisa Ferris:

Read the NZDF presentation here [PDF, 399 KB]. View the powerpoint presentation here [PPTX, 23 MB].

Nicky Hager, co-author Hit & Run:

Read the presentation here [PDF, 131 KB]



24 July 2019 Kevin Riordan submission on applicable international law [PDF, 396 KB]

16 August 2019 Submission from Counsel for Crown agencies [PDF, 927 KB]

16 August 2019 Submission from Counsel for Jon Stephenson [PDF, 1.5 MB]


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