Assisting a TAIC inquiry

The Transport Accident Investigation Commission’s job is to explain, not blame. The law prevents the use of Commission evidence and reports in regulatory, criminal or civil proceedings (except for a Coroner’s inquest). These protections encourage free and frank contributions to a Commission inquiry.

Interviews

The Commission and its authorised investigators have powers of entry, inspection, seizure, protection of evidence, and to summons witnesses. If Commission investigators choose to conduct an interview or request evidence, they will present their identification and explain the process and protections.

Interviewees are welcome to have a support person with them, but the support person should not be another witness, and they can’t join in the discussion.

The investigator helps the interviewee to recall and describe relevant background, and what happened before, during and after the event.

Interviews are usually recorded to help ensure accuracy and to let the interviewer concentrate on what is being said. You may ask for a copy of the interview recording, and you may clarify or add to what you have said at any time.

The content of interviews is protected records under the TAIC Act 1990 You can talk about what you said to us; but you can’t talk about other evidence or information we shared with you during your interview. This also applies to sharing any recording of an interview.

Refusal to assist a Commission inquiry may result in a summons. Failure to comply with a summons is an offence.

Evidence may be inspected, taken or protected

TAIC investigators have warranted powers to enter the site of an incident or accident; inspect any transport related thing (this includes any aircraft, rail vehicle, ship, aerodrome, aeronautical product, maritime product, building, or place); to inspect, copy or take documents; to restrict access to preserve evidence; to inspect, seize, detain, remove, preserve, protect, or test any transport related place or thing. Entry to a private dwelling or marae must be by invitation or judicial warrant.

Investigators offer a receipt for original documents or physical evidence that you provide to them.

The Commission may ask witnesses to give evidence on oath or at a formal hearing. This would usually be later in the inquiry if a contentious issue has arisen. If suitable arrangements cannot be agreed, a person may be summonsed to appear before the Commission.

The TAIC Act 1990 protects from disclosure evidence gathered by the Commission (including interviews) and inquiry documents — except for the purposes of the investigation, or as the result of a High Court order. TAIC is prohibited from discussing witness statements, test results, expert opinions, and other protected evidence, except for physical evidence they may need to examine. The Commission’s reports cannot be used in regulatory, criminal or civil proceedings except to assist a Coroner’s inquest.

We keep in touch

We ensure everyone involved has a contact point at TAIC. For people who were closely involved in events, we will be in contact when the inquiry reaches key milestones.

Your TAIC contact is always willing to pass on your feedback, or you can give it through our website.