NEW ZEALAND
ELIZABETH THE SECOND, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith:
To Our Trusty and Well-beloved DONALD GERARD STEWART, A Judge of the Supreme Court of New South Wales:
GREETING:
WHEREAS you have been appointed by Letters Patent issued to you on the 25th day of June 1981[*] by the Administrator of the Government of the Commonwealth of Australia to make inquiry, inter alia, into the methods of operation of one Terrence John Clark and persons associated
with him in activities involving contravention of laws of the Commonwealth of Australia, and, in particular, of laws relating to the importation, exportation, or possession of drugs:
And whereas you have, by Letters Patent issued to you on the 24th day of June 1981 by the Governor of the State of New South Wales and by Letters Patent issued to you on the 30th day of June 1981 by the Governor of the State of Victoria and by Letters Patent issued to you on the 25th day of June 1981 by the Governor of the State of Queensland, been appointed to make similar inquiry into activities involving contravention of the laws of the States of New South Wales, Victoria and Queensland:
And whereas it is a matter of public importance to ascertain whether, and if so by what method or agency, money which is the product of or is used for financing transactions relating to the importation, exportation, or possession of drugs is transmitted between Australia and New Zealand and whether or not it is invested in New Zealand:
And whereas it is a matter of public importance that such assistance should be given to the Commonwealth of Australia and to the States of New South Wales, Victoria, and Queensland as is necessary to enable a full inquiry to be made in New Zealand in respect of activities in New Zealand which relate to drug trafficking in Australia:
KNOW YE that We, reposing trust and confidence in your integrity, knowledge, and ability, do hereby nominate, constitute, and appoint you, the said DONALD GERARD STEWART, to be a Commission to inquire into and report upon:
(a) Whether Terrence John Clark, or any person associated with Terrence John Clark, in connection with any illegal activity transferred money to New Zealand
(i) For investment in New Zealand; or
(ii) With intent, by any means, to transfer the money back to Australia, and, if so, by what method or agency the money was so transferred:
(b) Whether in connection with any transfer or investment of money described in paragraph (a) of this warrant any person connected with New Zealand assisted Terrence John Clark by the provision of banking, financial, or legal services or by procuring the provision of such services:
(c) If the assistance so provided involved the provision of banking, financial, or legal services, what services were provided:
(d) If the assistance was other than the provision of banking, financial, or legal services, what was the nature of it:
(e) Whether any person connected with New Zealand has or has had in his possession, custody, or control·
(i) Real or personal property of Terrence John Clark purchased with money obtained from illegal activities; or
(ii) Real or personal property received, whether directly or indirectly, from Terrence John Clark; or
(iii) Real or personal property into which property of Terrence John Clark has be converted or for which property of Terrence John Clark has been exchanged; or
(iv) Real or personal property obtained by means of money received, whether directly or indirectly, from Terrence John Clark:
AND WE DECLARE that, in this Our Commission—
(f) The expression ‘illegal activity’ means an activity of Terrence John Clark, or a person associated with him, involving contravention of laws of the Commonwealth of Australia or of any of the States of New South Wales, Victoria and Queensland including, in particular, laws relating to the importation; exportation, or possession of drugs; and
(g) The expression ‘person connected with New Zealand’ means—
(i) A resident or citizen of New Zealand; or
(ii) A body corporate that has at any time had an office or place of business in New Zealand, or an unincorporated body any of whose members has at any time been a resident or citizen of New Zealand:
And, in the course of the inquiry, you may have regard to evidence obtained by you in the course of your sittings in Australia pursuant to the powers conferred on you by the said Letters Patent issued to you by the Administrator of the Government of the Commonwealth of Australia and by the Governors of the States of New South Wales, Victoria, and Queensland.
And for the better enabling you to carry these presents into effect you are hereby authorised and empowered to make and conduct any inquiry or investigation under these presents in such manner and at such time and place as you think expedient, with power to adjourn from time to time and from place to place as you think fit, and so that these presents shall continue in force and any such inquiry may at any time and place be resumed although not regularly adjourned from time to time or from place to place:
And you are hereby empowered to exclude the public from any hearing at which evidence is taken or at which submissions are made in relation to the evidence; but this power does not limit any of your other powers to bear proceedings in private or to exclude any person from any of your proceedings:
And you are hereby strictly charged and directed that you shall not at any time publish, save to His Excellency the Governor-General, in pursuance of these presents or by His Excellency's direction, and save to His Excellency the Governor-General of the Commonwealth of Australia, and to their Excellencies the Governors of the States of New South Wales, Victoria and Queensland, the contents of any report so made or to be made by you, or any evidence or information obtained by you in the exercise of the powers hereby conferred on you, except such evidence or information as is received in the course of a sitting open to the public:
And We do further ordain that you have liberty to report your proceedings and findings under this Our Commission from time to time if you shall judge it expedient to do so:
And, using all due diligence, you are required to report to His Excellency the Governor-General in writing under your hand, not later than the 31st day of March 1983, your findings and opinions on the matters aforesaid, together with such recommendations as you think fit to make in respect thereof:
And, lastly, it is hereby declared that these presents are issued under the authority of the Letters Patent of His Late Majesty King George the Fifth, dated the 11th day of May 1917, and under the authority of and subject to the provisions of the Commission of Inquiry Act 1908, with the advice and consent of the Executive Council of New Zealand.
In Witness whereof We have caused this our Commission to be issued and the Seal of New Zealand to be hereunto affixed at Wellington this 3rd day of November 1982.
Witness The Honourable Sir David Stuart Beattie, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Queen’s Service Order, one of Her Majesty’s Counsel learned in the law, Governor-General and Commander-in-Chief in and over New Zealand.
DAVID BEATTIE
Governor-General
By His Excellency’s Command
R. MULDOON
Prime Minister
[*]Commonwealth of Australia Gazette, No. G 27, 7 July 1981, p 2