Summary of findings

Rules of Engagement: Decision to withhold

upheld.

Location of Operation Burnham: Following Chief Ombudsman’s provisional opinion, NZDF published further information about location of Operation Burnham on March 6, 2018. NZDF has now provided everything it held relevant to requests. Planning, execution and review of Operation Burnham: Decision to withhold postactivity reports, related information, and video footage upheld. Following CO’s provisional opinion, NZDF published a list of reports, dates and titles (with redactions) on March 6.

Civilian and insurgent casualties: Decision to withhold International Security Assistance Force assessment report upheld. NZDF clarified its position on potential civilian casualties, and why its previous statements had been inconsistent with an earlier ISAF press release in its release on March 6. NZDF also wrote to one requester with explanation for inconsistencies.

Recommendation: NZDF release information it holds concerning identification of insurgents killed during Operation Burnham.

NZSAS treatment of prisoner: Decision to withhold upheld. At time of request, release would likely have prejudiced NZDF’s investigation into allegations. NZDF released summary of investigation in March. A fresh request can be made under the OIA now the investigation is concluded.

Government knowledge about operation: In his final opinion, the CO upheld NZDF’s decision to withhold two legal opinions, but did not accept there was a basis for withholding other briefing material in full. He has recommended release of four briefing documents and appendices, with some redactions.