NZDF to hold Court of Inquiry into HMNZS Manawanui sinking

The dive and hydrographic ship struck a reef south of Upolu on Saturday 5 October. All 75 people aboard were successfully rescued. 

Chief of Navy Rear Admiral Garin Golding has directed the assembly of a COI into the sinking of HMNZS Manawanui and has appointed Commodore Melissa Ross as the president. The COI will assemble on Friday.

She will be joined by three senior military members - Captain Andrew Mahoney, Group Captain John McWilliam, from the Royal New Zealand Air Force and Captain Dean Battilana, who has been seconded from the Royal Australian Navy. 

Counsel assisting the COI will be Commander Jonathan Rowe, who is a barrister and solicitor of the High Court.  

COIs are set up to establish the facts of an incident and any circumstances leading to it to allow the NZDF to identify possible improvements or changes for the future. 

The terms of reference direct the COI to collect and record evidence and report on the sequence of events leading up to the loss of the ship, the cause of the grounding and subsequent sinking, and details on notification procedures, injuries sustained and any environmental damage. 

The COI has also been directed to consider any organisational aspects relevant to the loss, and the material state of Manawanui prior to the grounding.  

Courts of Inquiry into significant matters may be subject to an external legal review to provide independent assurance of their procedure and conclusions. External legal reviews are conducted by independent King’s Counsel or other senior barristers. For the COI into the sinking of HMNZS Manawanui, it has been determined that an external legal review will be conducted by a King’s Counsel.

Rear Admiral Golding said he was very aware of the high interest in the COI. 

“Given the high level of public interest in this and with transparency at front of mind, I will make the report publicly available to the maximum extent possible consistent with the Privacy Act and my obligations to uphold national security,” Rear Admiral Golding said.

“I have directed the Court to provide me with an interim report on specific areas by mid-November, and then to provide regular updates on the progress of their inquiry from there.”

More details about Courts of Inquiry:

Courts of Inquiry are established by an officer in charge of part of the Armed Forces to inquire into any matter.

The court must have no less than two officers and the officer assembling the court must appoint one of those members as the president. The officer assembling the court must issue its terms of reference and the court is required to collect evidence and provide a report against those terms of reference. 

The court may sit wherever it considers necessary to do so and may direct or summons any witness to attend before it. Witnesses are sworn and their evidence is transcribed. Any person who may have their character and reputation affected is afforded natural justice rights by the president. 

Courts of Inquiry are not designed to determine guilt of any individual and the evidence gathered is not admissible in other proceedings. 

Courts of Inquiry are established under statute and are provided numerous powers and protections so that the fact-finding procedure is as expeditious as possible. Courts of Inquiry are statutorily required to be held in private to ensure that there is no inhibition on witnesses giving full and frank evidence.

The provisions governing courts of inquiry can be found at sections 200 to 201 of the Armed Forces Discipline Act 1971.

Biographies 

Commodore Melissa Ross, RNZNR

Commodore Melissa Ross (Ngāpuhi) joined the Royal New Zealand Navy (RNZN) in 1993 as a Marine Engineering Officer. She was one of the first women in the RNZN to go to sea on an operational warship. Commodore Ross has previously held the position of Deputy Chief of Navy and Commander Logistics. She is appointed to the COI as the President.

Group Captain John McWilliam, AFC

Group Captain John McWilliam joined the RNZAF in 1975 as a pilot. Throughout his career he has flown helicopters and been a flying instructor. He departed the RNZAF in 1995 to pursue a civilian career and was a test pilot during this period. He returned to the RNZAF in 2010 and established the role of the NZDF Operating Airworthiness Operator. GPCAPT McWilliam is a deep expert in the airworthiness arena and will bring that expertise to the Court.

Captain Andy Mahoney, RNZN

Captain Andy Mahoney joined the Royal Navy (RN) in 1996. He transferred to the RNZN in 2016. He is a Principal Warfare Officer who has served on ships in both the RN and the RNZN. He was the commissioning Captain of the HMNZS Manawanui. Captain Mahoney has operated across a wide range of navies and agencies globally. He will bring decades of ship operations knowledge to the Court.

Captain Dean Battilana, RAN

Captain Dean Battilana joined the Royal Australian Navy in 1996 and specialised as a Hydrographic Officer. Captain Battilana has commanded multiple ships with deep expertise in operations, ship driving and hydrography. He brings a wealth of experience in the hydrographic trade to the investigation as well as his experience from his work as part of the recovery efforts in response to the 2017 USMC OSPREY crash in Australia.

 Commander Jonathan Rowe, RNZN

Commander Jonathan Rowe joined the RNZN in 2014 and is a Barrister and Solicitor of the High Court. He has held roles at the tactical, operational and strategic level within the NZDF and has deployed operationally to the Middle East and Asia in roles both ashore and at sea. He has been involved in numerous NZDF Courts of Inquiry as well as external inquiries. He brings a wealth of legal experience to the Court.

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