Govt obliged to hold Hit & Run inquiry - lawyer

Former Associate Defence Minister Heather Roy has backed calls for an inquiry into a New Zealand-led raid that allegedly killed six Afghan civilians.

Nicky Hager and Jon Stephenson's new book Hit & Run says seven years ago, a New Zealand-led "revenge raid" involving Afghan troops and US helicopter gunships killed six villagers and injured 15.

"A lot of allegations have been made," Ms Roy told The Nation on Saturday.

"The story's not going away, and politicians and officials need to remember that just denying things doesn't mean that they weren't so, or that they will go away. There's too many unanswered questions now."

Ms Roy was Associate Defence Minister at the time of Lt Tim O'Donnell's death in August 2010. By the time of the raid in question two weeks later, she had resigned from the role.

"I was receiving no information at all," she told The Nation.

A lawyer representing the villagers says the Government has a legal obligation to investigate the claims.

"The villagers asked for help, and we've agreed to help them," Kiwi human rights lawyer Deborah Manning, who previously worked for high-profile refugee Ahmed Zaoui, told The Nation on Saturday.

"They've said on that terrible night they woke up, and by the end of the night six of their dearest ones were dead, and 15 injured."

She's written to the Attorney-General and Prime Minister, reminding them of the Government's legal obligation to conduct an independent investigation into the claims.

"International law says, human rights law says that when there has been a death that a state was responsible for, or when fundamental human rights have been breached, there must be an independent investigation, an inquiry."

Ms Manning says it's not up to Cabinet or the Prime Minister to choose whether to hold an inquiry or not.

"This is a legal issue. The law says there must be an independent investigation into what happened."

Prime Minister Bill English hasn't ruled out an inquiry, and plans to discuss the book with Defence Minister Gerry Brownlee and the Chief of Defence on Sunday.

Wayne Mapp, Defence Minister at the time of the raid, has since acknowledged civilians were killed.

Ms Roy says this is a hint the Government will investigate.

"Wayne Mapp is a very loyal member of the National Party. I don't think he would have made public comments without the party having known."

Ms Manning says it's not in doubt that civilians were killed.

"[The Afghan villagers] know what happened. They know they ended up dead and injured, and they're disabled and traumatised, to this day. Yet people have been saying no civilians died - but they know that they did."

She dismissed claims a report by ISAF, the NATO-led security force in charge of the Afghanistan mission, cleared the SAS of any wrongdoing.

"ISAF reports have been roundly criticised and condemned by the human rights community, including Amnesty International. It doesn't fulfil New Zealand's obligations to investigate the actions of its forces in this raid."

ISAF did not visit the village - no officials have. Mr Stephenson, co-author of Hit & Run, has.

Ms Manning says prosecutions could be made over an inquiry's findings, but it's too early to tell.

If Cabinet refuses to hold an inquiry, Ms Manning says they won't be waiting for a friendlier Government to be elected, and instead will go directly to the courts.

"There are possible legal actions that can be taken and would be taken in the New Zealand court."

Labour and the Greens have promised an inquiry, should the present Government refuse to hold one.

"It needs to be truly independent and it needs to be seen by everybody as being completely unbiased," says Ms Roy.

Newshub.