Who is this guide for?

This guide is for anyone who is involved with, or can help with, or is affected by an air, rail or marine transport accident or incident investigated by the TAIC.

What is the Transport Accident Investigation Commission?

The TAIC is an independent crown entity with the powers of a Commission of Inquiry and some additional powers. It was established under the Transport Accident Investigation Commission Act 1990, and has 3 Commissioners and 13 staff. The Commissioners are appointed by the Governor General. The Commissioners meet about 7 times a year to review and approve accident reports and to make findings and safety recommendations. The TAIC is responsible to the Minister of Transport.

What does the Commission do?

The TAIC Act requires that "The principal purpose of the Commission shall be to determine the circumstances and causes of accidents and incidents with a view to avoiding similar occurrences in the future, rather than to ascribe blame to any person". The TAIC achieves this purpose by investigating and reporting on accidents and incidents, and recommending action to avoid similar occurrences in future.

What does the Commission investigate?

The TAIC investigates rail, marine, or aviation accidents or incidents the circumstances of which in the TAIC's opinion have, or are likely to have, significant implications for transport safety, or may allow the Commission to establish findings or make safety recommendations which may improve transport safety.

There are no limits on the depth nor the extent of the investigation, its report, or any safety recommendations. The whole air, rail, or marine transport system is open to scrutiny. Any relevant previous occurrences, findings, or safety recommendations are taken into account.

The TAIC investigates separately from and is independent of the police, safety authorities, and other organisations. The TAIC's reports are not admissible as evidence in criminal or civil courts.

The TAIC is not empowered to investigate road accidents, unless one of the previously mentioned modes of transport is also involved.

Responsibilities of the Commission

When it investigates an accident or incident the TAIC:

• Makes the inquiries it considers necessary to ascertain the cause or causes.
• Co-ordinates and directs its investigation and determines if any other parties should be involved in such investigations.
• Prepares and publishes findings and safety recommendations arising from the investigations.
• Co-operates and co-ordinates with other transport safety investigation organisations overseas.

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What is involved in an investigation?

The investigation team: The TAIC's investigation team is lead by an Investigator In Charge, and is made up of experts who have the skills and knowledge to examine relevant aspects of the accident or incident. The composition of the team depends on the investigation.

On-site investigation: A site investigation is carried out as soon as practical. The length of time this takes to complete varies depending on the severity and complexity of the accident or incident. Investigators carry a warrant authorising them to control the site, and to seize and detain evidence. They also have certain powers of entry.

Interviews: Investigators interview or confer with anyone whose information may assist determination of the causes and circumstances of an accident or incident. Investigators carry photo-identity cards to identify themselves. Mindful of the stress an accident or incident brings to those involved or affected, investigators strive to arrange and conduct interviews with sensitivity, and allow a support person to be present (as long as they do not impede the interview). Some people may need to be interviewed several times. A person can be required to attend an interview and to answer questions. The TAIC Act prevents other people and organisations obtaining investigators records of interviews and discussions and certain other types of information from the TAIC. The TAIC Act does not prevent people making statements to anyone else, but those statements must not include or speculate on information provided by the TAIC.

Information from interviews will be included in the final report only when pertinent to the analysis of the accident or incident.

Tests and research: The TAIC engages specialists to provide advice, analysis and opinion on matters not within the TAIC's own expertise. Laboratories in New Zealand or overseas analyse components and "read out" voice recorders and decipher data recorders.

Safety recommendations: Safety recommendations are fundamental to the TAIC's role of accident prevention. With human lives at stake, timeliness is an essential part of the recommendation process. As a result the Commission may issue a safety recommendation without waiting for an investigation to be completed. The TAIC designates the person or party expected to take action and describes the result it recommends. The TAIC consults with the recipient of the safety recommendation prior to finalising the recommendation. Final safety recommendations are usually incorporated in the accident report together with the relevant parts of any replies (if available).

The report: The TAIC's report is a summary of the investigation. It contains the relevant facts, analysis, findings and safety recommendations. Before finalising the report the TAIC circulates a preliminary report to any person whose conduct is stated or implied to have contributed to the cause of the accident to give them an opportunity to comment on or to refute that statement. The TAIC may also seek comment from others who may be able to contribute to the accuracy of the report, or to the effectiveness of safety recommendations.

Because the preliminary report may contain inaccuracies and may be subject to change, its circulation is strictly limited and wider disclosure is prohibited under the TAIC Act. Submissions have the same protection as records of interviews and discussions.

The final report incorporates improvements arising from any further investigation and the submissions on the preliminary report. Recipients of the preliminary report, and, if they so request, next of kin and others similarly affected, are forwarded a copy of the final report on a confidential basis a few days before public release.

Most final reports are released within seven months of the start of the investigation. In the case of particularly complex investigations reports will take longer to complete. In addition to providing reports as outlined above, the TAIC's reports are available on interloan from public libraries, or may be purchased individually or by annual subscription from the TAIC. The TAIC web site carries an index of TAIC reports, report abstracts and safety recommendations and status, as well as general information about the TAIC.

Public hearings: The TAIC may hold a public hearing if it is likely to provide any significant advantages for determining the causes and circumstances of an accident or incident over the TAIC's normal procedure of gathering information in camera.

If you have any questions, before or during the investigation, please ask us. Your help may prevent another accident.

8 February 2001

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