The Solicitor-General is one of the two principal Law Officers of the Crown in New Zealand, alongside the Attorney-General. The office of Solicitor-General is a statutory position, typically held by a highly experienced lawyer, usually a King's Counsel (KC), who is a career public servant. In contrast, the Attorney-General is a political appointee and a member of Parliament and Cabinet.
Role and Functions
The Solicitor-General serves as the chief executive of the Crown Law Office, the primary legal advisor to the Executive Government of New Zealand, and the principal legal representative of the Crown in litigation. Key responsibilities and functions include:
- Legal Advice: Providing independent legal advice to government ministers, departments, and agencies on a wide range of legal issues, including constitutional law, public law, and statutory interpretation. This advice complements that given by the Attorney-General.
- Litigation: Representing the Crown and the government in significant court cases, including appeals to the Supreme Court, Court of Appeal, and High Court. This role encompasses both civil and criminal matters where the Crown is a party.
- Supervision of Crown Law Office: Leading and managing the Crown Law Office, which is responsible for providing legal services to the executive government and overseeing the prosecution of serious criminal offenses by Crown Prosecutors throughout New Zealand.
- Statutory Functions: Exercising various statutory powers, such as consenting to certain prosecutions, intervening in cases of public interest, and acting on behalf of the Attorney-General when that office is vacant or when the Attorney-General is unavailable. In some sensitive matters (e.g., electoral law challenges), the Solicitor-General may provide legal advice or take action to ensure the appearance of non-political interference.
- Public Interest: Upholding the rule of law and acting in the public interest, particularly in decisions related to the administration of justice, such as whether to appeal a court decision or intervene in a case.
Relationship with the Attorney-General
While the Solicitor-General reports to the Attorney-General, the role carries a significant degree of functional independence, particularly in matters concerning the administration of justice and legal advice that requires a non-political perspective. The Solicitor-General typically handles the day-to-day legal work of the Crown and manages the Crown Law Office, allowing the Attorney-General to focus on policy, legislative reform, and political aspects of the government's legal affairs.
The Solicitor-General often acts as the "deputy" to the Attorney-General and is empowered to exercise any of the Attorney-General's statutory functions and powers. This is particularly important for ensuring continuity and the non-political nature of certain legal functions of the state.
Appointment and Tenure
The Solicitor-General is appointed by the Governor-General on the advice of the government, following a rigorous selection process that seeks to identify a distinguished legal professional. The appointment is not political and is typically for a fixed term, ensuring stability and independence in the role. The incumbent usually holds the title of King's Counsel (KC) or Queen's Counsel (QC) if appointed prior to the change in monarch.