Attorney-General David Parker announces the Government is to hold inquiry into Hit and Run SAS raid.

Hit and Run author Jon Stephenson is glad the Government will hold an inquiry into the allegations of civilian deaths at the hands of Kiwi SAS soldiers.

But he questioned why the Government appeared to "muddy the waters" by mentioning unseen video footage of armed individuals when announcing the inquiry.

Attorney-General David Parker announced the inquiry on Wednesday evening. He said questions remained over what happened during Operation Burnham - a raid on a village in Afghanistan in 2010 - which was detailed in Hit and Run, written by Nicky Hager and Jon Stephenson.

MONIQUE MARY FORD Jon Stephenson pleased with inquiry but confused about why Attorney General appeared to muddy the waters with comments about video.

The book alleges the raid resulted in the deaths of six civilians, including a small child, and the wounding of 15 others.

The former National government refused to hold an inquiry into the allegations surrounding Operation Burnham, despite the pleas from parents who say their girl was killed during the operation.

READ MORE:

* Chief Ombudsman backs NZDF's refusal to release information

* Government to look into allegations about SAS actions

* Defence admits to possible civilian casualties in Afghan raid

* Killed girl's parents demand NZ Government inquiry

The inquiry will be carried out by former Supreme Court judge Sir Terence Arnold and Sir Geoffrey Palmer.

"In deciding whether to initiate an inquiry I have considered material including certain video footage of the operation," Parker said.

"The footage I have reviewed does not seem to me to corroborate some key aspects of the book Hit & Run.

HIT & RUN The Government has launched an inquiry into allegations of civilian deaths in Afghanistan at the hands of Kiwi SAS soldiers, including three-year-old Fatima.

"The footage suggests that there was a group of armed individuals in the village.

"However, the material I have seen does not conclusively answer some of the questions raised by the authors.

"In light of that, and bearing in mind the need for the public to have confidence in the NZDF, I have decided in the public interest that an inquiry is warranted."

Commissioning this inquiry does not mean the Government accepts the criticisms of the actions of SAS forces on the ground, although their conduct is squarely within the inquiry's purview and will be thoroughly examined, Parker said.

"Given the classified nature of some information that will be made available to the inquiry, it is possible that two forms of report will be provided; one a public version and a second version referring to classified or confidential information," Parker said.

The inquiry has an initial budget of $2 million, which could increase depending on how much travel is required to complete the inquiry that's expected to take a year.

KEVIN STENT/STUFF Attorney-general David Parker will say whether the Government will hold an inquiry.

The New Zealand Defence Force stands by the accounts of Operation Burnham it has provided to the Government and public.



Chief of Defence Force Lieutenant General Tim Keating maintains that the book contains errors.



"Operation Burnham was an ISAF operation involving the NZSAS and Afghan Crisis Response Unit (CRU). The operation was well planned out and was mandated by the New Zealand Government. It was lawfully carried out, with clear rules of engagement," Keating said.



"At all times throughout this operation our NZSAS acted professionally and conducted themselves to the high standards expected of our special forces."



Keating said the NZDF will be "cooperating fully with the inquiry" and he "looks forward to the inquiry confirming the facts".

The inquiry will consider whether the SAS was acting outside its brief and whether it acted within the rules of engagement and international humanitarian law.

The Battle of Baghak and the events covered in the Stuff Circuit investigation won't be part of the inquiry because it's already been the subject of an Army Court of Inquiry, Parker said.

BOOK AUTHOR IS HOPEFUL

Stephenson was pleased with the inquiry and anticipated submitting to it - along with some of his sources.

He said the fact that the inquiry could take evidence under oath in secret and protect the identity of witnesses would mean his sources would be comfortable - particularly the ones who were serving at the time.

MONIQUE MARY FORD/STUFF Hit and Run authors Nicky Hager and Jon Stephenson have been calling for an inquiry into the 2010 raids.

"It appears that the terms of reference are sufficiently broad to enable Sir Geoffrey Palmer and Sir Terence Arnold to ask the questions that I believe need to be asked," Stephenson said.

"I'm pleased that the issue of NZ involvement in transferring detainees to the Afghan secret police who are well known to torture detainees is going to be examined."

But he was confused about why Parker had appeared to "muddy the waters" with comments about a video despite accepting the need for an inquiry.

"I was frankly astonished that having acknowledged that there was a prima facie need for an inquiry into the allegations in the book the Attorney General then appeared to muddy the waters by commenting on one of the aspects of the book without by his own admission having seen all the footage or knowing all the facts and without giving any context to that information."

"To me that was highly inappropriate and prejudicial and something that should have been left to Sir Geoffrey Palmer and Sire Terence Arnold to consider."

Stephenson said he was hopeful the inquiry would cut through all the spin and personal animosity some felt towards co-author Nicky Hager to set the facts straight.

MAARTEN HOLL/STUFF The Chief of Defence Force, Lieutenant General Tim Keating initially said an investigation ruled claims civilians were killed were "unfounded''.

He had found in his own defamation trial against NZDF - which he won - that the legal context had helped cut through any lies.

"The same thing will happen here, the facts will be rigorously examined and the public will emerge with a clear sense of what is being done in our name."

He stood by the central allegations of the book - that civilians were killed and injured, that property was destroyed, and that a man was beaten up then transitioned to a prison where he was tortured.

'NO BASIS FOR AN INQUIRY'

National Party defence spokesman Mark Mitchell said the announcement of an inquiry undermined the NZDF.

"The Government needs to be very clear about what has influenced it to launch an inquiry.

"I was alarmed to hear the Attorney General say that 'continuing controversy' around the Operation has played a role in his decision. This suggests he has been swayed by a vocal lobby, instead of the facts," Mitchell said.

"Two of the National Government's Defence Ministers and the former Prime Minister have already reviewed New Zealand Defence Force evidence of what led to, and occurred, during Operation Burnham in the Baghlan province in Afghanistan.

"Much of it was highly classified and some of it was provided by our international partners in a mark of respect to the NZDF and the New Zealand Government. There was no requirement for them to share this information." he said.

Parker said he watched about 30 minutes of the footage of the raid - Mitchell said he'd seen about one hour of footage and was surprised Parker revealed that he saw armed civilians because his understanding was that the footage was classified.

"The evidence shows the basis for the operation met all legal requirements and that it was conducted with the highest level of professionalism."

"Assuming the NZDF has shown this Government the same information they shared with us, I cannot see a basis for an inquiry," Mitchell said.

INQUIRY COMES AFTER OMBUDSMAN RULING

The announcement comes after a petition, signed by almost 4000 people, was delivered to Parliament last month.

And on Monday, the Chief Ombudsman ruled in line with the New Zealand Defence Force in its decision to withhold most of its information relating to Operation Burnham in Afghanistan.

Following the launch of the book, Chief of Defence Tim Keating acknowledged civilians may have been killed in the raid, after previously saying an investigation had found the allegations were "unfounded".

Five complaints were laid with the Chief Ombudsman Peter Boshier concerning the NZDF withholding information related to the raid. In his final decision, Boshier said the NZDF was justified in doing so under the Official Information Act.

But the information withheld under the OIA was expected to be released as part of the inquiry, if it went ahead.

The inquiry's terms of reference include:

* The allegations of civilian deaths.

* The allegation that NZDF knowingly transferred a man to a prison where he would be tortured.

* The allegation that soldiers returned to the valley to destroy homes on purpose.