Attorney-General (New Zealand)
The Attorney-General of New Zealand is a senior officer of the Crown and a member of the New Zealand Cabinet. The role combines legal and political responsibilities. The Attorney-General is the principal legal advisor to the government and is responsible for upholding the rule of law.
Key Responsibilities and Functions:
- Principal Legal Advisor: Provides legal advice to the government on a wide range of matters, including proposed legislation, international law, and constitutional issues.
- Guardian of the Rule of Law: Ensures that government actions are consistent with the law and that the legal system operates fairly.
- Representation in Legal Proceedings: Represents the Crown in legal proceedings, either directly or through Crown Law.
- Legislative Scrutiny: Reviews proposed legislation to ensure compliance with the New Zealand Bill of Rights Act 1990 and other relevant laws.
- Appointments: Responsible for certain judicial appointments, including judges of the High Court, Court of Appeal, and Supreme Court. Often involved in the appointment of Queen's Counsel (now King's Counsel).
- Supervision of Crown Law Office: Oversees the Crown Law Office, which provides legal services to the government and represents the Crown in litigation.
- Reporting to Parliament: Accountable to Parliament for the performance of their duties.
Appointment and Tenure:
The Attorney-General is appointed by the Governor-General on the advice of the Prime Minister. Convention dictates that the Attorney-General must be a Member of Parliament, qualified as a barrister and solicitor of the High Court of New Zealand. The Attorney-General holds office at the pleasure of the Governor-General and typically remains in office as long as the government that appointed them remains in power.
Relationship with the Solicitor-General:
The Attorney-General works closely with the Solicitor-General, who is the chief legal officer of the Crown and the chief executive of the Crown Law Office. While the Attorney-General is a political appointment, the Solicitor-General is a career public servant. The Solicitor-General provides legal advice to the Attorney-General and represents the Crown in many legal proceedings.
Independence:
While a member of Cabinet, the Attorney-General is expected to act independently and impartially in their legal role. This can sometimes lead to tensions between their political and legal obligations, requiring them to navigate complex ethical and constitutional issues.