Position Description

Development Legal Counsel [P401700 – Band 17] Last reviewed: February 2025 Page 1 of 5

Position Title - Ingoa Tūranga Development Legal Counsel

Group - Puni Pacific and Development Group (PDG)

Division - Tānga Development Capability and Insights

Reports to – Menetia Unit Manager, Capability & Insights Division (DCI), Development Legal (DLG)

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About the Public Service - Mō te Ratonga Tūmatanui Mahi tōpū ai ngā Kaimahi Tūmatanui e whai tikanga ai te noho a ngā tāngata o Aotearoa. Hei tā te Public Service Act 2020 ko te pūtake o ngā Kaimahi Kāwanatanga, ko te tautoko i te kāwanatanga whai ture me te kāwanatanga manapori; ko te āwhina i te Kāwanatanga o te wā nei me ō anamata ki te whakawhanake, ki te whakatinana hoki i ā rātou kaupapa here; ko te tuku i ngā ratonga tūmatanui e nui ana te kounga, e nahanaha ana anō hoki; ko te tautoko i te Kāwanatanga e tūroa ai te whai oranga o te marea; ko te huawaere i te whai wāhitanga o te kirirarau ki te ao tūmatanui me te whakatutuki i ngā mahi i runga i tā te ture i whakahau ai. E hiranga ana te wāhi ki a mātou ki te tautoko i te Karauna i ana hononga ki ngā iwi Māori i raro i te Tiriti o Waitangi. Ahakoa he nui ngā momo tūranga mahi, e tapatahi ana ngā kaimahi tūmatanui i roto i te whakaaro nui ki te hāpai i ngā hapori, ka mutu, e arahina ana ā mātou mahi e ngā mātāpono matua me ngā uara o ngā Kaimahi Tūmatanui. The public  service works collectively to make a meaningful difference for New Zealanders.  The Public Service Act 2020 states that the purpose of the public service is to support constitutional and democratic government, enable both the current Government and successive governments to develop and implement their policies, deliver high-quality and efficient public services, support the Government to pursue the long-term public interest, facilitate active citizenship and act in accordance with the law.  The role of the public service includes supporting the Crown in its relationships with Māori under the Treaty of Waitangi (te Tiriti o Waitangi).  Whilst there are many diverse roles, all public servants are unified by a spirit of service to the community, and guided by the core principles and values of the public service in our work.

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About the Ministry - Mō te Manatū The Ministry of Foreign Affairs and Trade (the Ministry) acts in the world to build a safer, more prosperous and more sustainable future for New Zealanders. We do this by building connections with and influencing other countries to advance New Zealand’s interests, project New Zealand values and secure the outcomes that matter to New Zealand. We pursue the Government’s international priorities and provide advice to the Government on the implications for New Zealand of what is happening in the world. Our work contributes to the wellbeing of New Zealanders’ in the following ways:

• Kaitiakitanga: Generations of New Zealanders benefit from sustainable solutions to global and regional challenges;

• Prosperity: New Zealanders have better job opportunities and incomes from trade, investment and other international connections;

• Security: New Zealanders are able to live, do business, travel and communicate more safely at home and offshore;

• Influence: New Zealanders have confidence their country can influence others on issues that matter for them now and in the future.

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Diversity and Inclusion - Kanorau, Kauawhi We aspire to be a workplace that values and utilises diverse and inclusive thinking and people. This means that our staff reflect the diversity of New Zealand and the countries we work in, and that the contributions of staff with diverse backgrounds, experiences, skills and perspectives are valued and respected. Our values are:

• Impact: We achieve for New Zealand, every day, everywhere

• Kotahitanga: We draw strength from our diversity

• Courage: We do the right thing

• Manaakitanga: We honour and respect others The Ministry recognises the importance of staff having some flexibility around work hours and working arrangements. In turn there may be some situations where the Ministry’s business deliverables require staff to be available during certain hours of the day or for longer periods to meet a temporary surge in work requirements.

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About the Group

Pacific and Development Group (PDG) leads an integrated approach to New Zealand’s diplomatic and development engagement with

Pacific countries and is responsible for the management of New Zealand’s International Development Cooperation (IDC) Programme

in the Pacific and globally. PDG has overseen approximately 1000 projects and a budget of c$3 billion over the past three years. We

have approximately 450 staff based in Wellington and at development posts.

About the Division

DCI assures, supports and enables the delivery of impact through the IDC Programme. DCI does this by supporting evidence-based

decision-making, continuously improving capability and systems, and ensuring PDG meets its accountability and transparency

obligations. DCI’s work is underpinned by our technical expertise, systems and data stewardship, and oversight of quality.

About the Team (PDG, LGL)

The PDG LGL team’s role, as a team of trusted professional legal advisers, is to assure the Deputy Secretary (DS), PDG (and, through

the DS, the Ministry) that the legal and associated commercial risks faced by the Ministry in connection with IDC Programme

transactions are identified, allocated, mitigated and (where relevant) managed subject to, and in-accordance with, applicable law

and the Ministry’s relevant policies, procedures, processes and practices. PDG LGL ‘leans in’ to support PDG colleagues in their roles

whilst maintaining and demonstrating the professionalism, independence and understanding of the Ministry and the International

Development Cooperation programme needed to perform our role.

About the Position - Mō te Tūranga

As a Development Legal Counsel you will play a key role in the delivery of the IDC Programme. You will be called on to provide

accurate, prompt and pragmatic legal and associated commercial advice on all aspects of IDC Programme transactions.

This position is responsible for:

• Providing legal and commercial advice in connection with the conceptualisation, development, writing, negotiation and authorisation of IDC Programme transaction documents. (These include IDC Programme -forms of business cases, grant funding arrangements, contracts for services and for goods and grant contribution letters, bespoke IDC Programme documents and third-party-originated documents of many kinds. The other parties will include private sector suppliers, foreign governments and their entities, multi-laterals, NGOs and other New Zealand government agencies and entities.)

• Providing legal and commercial advice in connection with the implementation and management of IDC Programme activities as requested.

• Supporting strategic and tactical thinking about optimal ways and means of successfully achieving particular transactions, activities, outputs and outcomes in the IDC Programme.

• As part of DCI, collaborating with, and supporting, other teams in DCI in providing coherent, integrated risk assurance to DS, PDG.

• As part of that function, where PDG, LGL’s subject matter expertise is relevant: a. supporting and providing training and mentoring to colleagues in PDG;

b. supporting the maintenance and development of PDG’s relevant policies, procedures and processes; and

c. working professionally with other parts of the Ministry which provide services to PDG and/or the or the IDC

Programme.

• Collaborating with, and support, other legal teams within the Ministry for better identification, assessment and management of the Ministry’s legal risk and All-of-Government legal risk.

• Proactively building and fostering excellent working relationships within the Ministry. As a member of a small collegial team you will gain exposure to a wide variety of interesting IDC Programme-related work. This position requires a self-starter who is relatively comfortable working in a team/project environment but (with guidance) also autonomously as and when required. Success in the role requires legal and commercial acuity and acumen in circumstances which are often both sensitive and ambiguous. This requires skill, diligence, good experience, empathy, developed instincts and sound judgement.

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Key Accountabilities - Kawenga Matua The following key accountabilities of this role assist in delivering the Ministry’s purpose:

Role specific • Contribute to the effective operation of PDG, LGL by providing sound, insightful legal and associated commercial advice

and judgement on often complex and politically-sensitive matters.

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• Draft complex and template transactional documentation in partnership with the PDG Programme Teams.

• Review draft and final contracts in the Ministry’s Enquire system.

• Assist in the resolution of contract management issues and disputes.

• Provide guidance and advice on legislation and legal matters.

• Create and maintain standard and bespoke clauses and templates.

• Under line management guidance, instruct external legal counsel as and when required.

• Share knowledge and support other members of PDG, LGL to contribute to the continuing professional development of lawyers in the Ministry.

• Assist in the coaching and development of other staff (including the development of training materials).

• Provide advice and support, in the context of the IDC Programme, in respect of relevant legislation, including: the Privacy Act 2020, the Health and Safety at Work Act 2015, the Children’s Act 2014 the Public Finance Act 1989 and (desirably) the Construction Contracts Act 2002.

• Once well established in the role and as requested by line management: o act in a LGL leadership role – e.g. re subject matter expertise, particular projects, guidance to and mentoring of

other members of the Unit; and o act up in the Unit Manager role occasionally.

• All other reasonable duties as requested by the employer or line management. Strategic Planning

• Assist in the development and implementation of strategic and tactical initiatives as required and monitor effectiveness in achieving targets.

Quality Assurance/Process Improvement

• Support business improvement initiatives.

• Contribute to the quality assurance, and improvement, of robust and legally sound contract documentation templates for PDG.

• Where appropriate contribute to the standardisation of tools, process and systems.

• Establish and maintain a focus on improvement of systems, policies, processes and procedures for risk assurance, cost effectiveness, improved efficiency and consistency of approach across PDG.

• Contribute to the development and improvement of, and use, the Ministry’s risk identification, assessment and reporting framework.

• Assist with the development of policy, processes and procedures, and the identification of areas to be updated.

Organisational Responsibilities • Understand the Ministry’s strategic priorities and high-level outcomes framework and how this role contributes to the

framework.

• Understand and apply the strategic context in which the Ministry operates, including priorities and perspectives of the Ministers, partner agencies, and external stakeholders.

• Understand tikanga and Treaty of Waitangi principles and have sufficient appreciation of te reo Māori to be able to apply the Ministry Māori dimension, underpinned by Ministry values, in a way that is relevant to PDG LGL’s work.

• Be aware of and adhere to the Ministry’s Health and Safety policies and procedures.

• Share in the responsibility for health and safety in the work environment by carrying out work-related activities in accordance with safe operating procedures and by accurately reporting all hazards, accidents and incidents.

• Holding and treating information in accordance with all Ministry policies, and creating reliable and trustworthy records in approved systems so that they can be found and used by others

• Participate and contribute to Ministry–wide projects and emergency responses as required.

• Demonstrate the Ministry’s values, goals, policies and procedures in all aspects of work.

• Understand the relevant PDG strategic results framework, and how this role contributes to the framework.

• Understand the DCI divisional plan in effect and how this role contributes to the achievement of the plan.

• As required, contribute to the preparation and reporting requirements of the Ministry’s accountability documents.

• Using the Ministry’s relevant frameworks, identify and participate in opportunities for learning and development, including through regular coaching and mentoring.

• Identify and pursue opportunities to build specialised skills, knowledge and experience aligned with the the Ministry’s relevant frameworks.

Knowledge Management

• Remain up to date with leading contract law cases and good practice standards and industry approaches to stakeholders.

• Contribute to the continuous development of the Ministry’s knowledge base by using the Ministry’s internal systems, sharing information and data with relevant internal stakeholders.

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Health and Safety

• The Ministry is committed to providing a safe and healthy working environment for all staff, including contractors and other workers, both on and offshore.

You are responsible for:

• Taking reasonable care of your own and other’s health and safety and being mindful of the effect of your actions (or lack of action) on the health and safety of others.

• Complying with reasonable Ministry instructions to ensure the Ministry is able to comply with the Health and Safety at Work Act 2015.

• Cooperating with health and safety policies and procedures.

• Identifying and reporting hazards, injuries, illness and incidents (including near misses) that arise from your work or in the workplace.

• Identifying and eliminating or mitigating health and safety risks so far as reasonably practicable and consulting with others in doing so.

• Raising health and safety matters with your manager or health and safety representative (or contact as appropriate).

• Ensuring that all health and safety incidents, injuries, near misses are immediately reported through the relevant Ministry system.

• Ensuring that significant hazards and risks or critical incidents are drawn to the immediate attention of your line manager.

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Skills, Knowledge and Experience - Tohu Mātauranga, Pūkenga, Mātauranga, Wheako The Development Legal Counsel will have the following experience, skills and knowledge: Quaifications

• Bachelor of Laws (LLB), holding (or immediately eligible to hold) a New Zealand Practising Certificate. Experience:

• 2 to 4 years post-admission legal experience in relevant New Zealand law transactions (or materially similar transactions). (See the description of these transactions at About the Position above.)

• Strong experience in advising upon, designing, drafting and negotiating commercial contract documentation (desirably including construction contracts using the NZS suite of contracts).

• Good understanding of intellectual property rights protection and contracting.

• Good experience and understanding of the private sector, and of how the private sector can assist to improve development outcomes.

Skills and knowledge:

• Working knowledge of the Privacy Act 2020, the Health and Safety at Work Act 2015, the Children’s Act 2014, the Official Information Act 1982, the Public Service Act 2020, the Crown Entities Act 2004, the Public Finance Act 1989 and (desirably) the Construction Contracts Act 2002.

• Strong written and oral communication skills.

• Well developed planning and organisational skills, including ability to prioritise tasks effectively under pressure.

• Good relationship management skills with an ability to develop trust and credibility.

• Ability to influence and provide a sound argument in the face of an opposing opinion.

• Sound analysis, judgement and problem solving capabilities.

• A proactive, professional, collaborative and customer-oriented approach.

• Ability to deliver effectively within an ambiguous environment.

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Relationships - Pātahitanga The Development Legal Counsel position is required to build and maintain the following relationships: Within the Ministry:

• PDG, LGL

• Ministry staff both onshore and offshore

• Commercial Operations Division (COD) staff

• Corporate Legal Unit (CLU) staff

• Legal Division staff Outside the Ministry:

• Other government departments and agencies

• External legal counsel

• Other organisations as appropriate

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Delegations - Whakatautapatanga

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• The role is responsible for the management of nil direct reports.

• Delegations are set out in the Ministry’s Instrument of Delegation.

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Mandatory Role Requirements - Whakaritenga Tūranga Whakahauanga • You must hold New Zealand citizenship.

• You must be able to obtain and maintain an appropriate New Zealand Government Security clearance.

• You must hold, or be immediately eligible to hold, a New Zealand Practising Certificate.

• Subject to legal and Ministry restrictions and rules, some international travel may be required.

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References • Ministry’s Strategic Intentions 2024-2028

Available here: https://www.mfat.govt.nz/en/about-us/our-strategic-direction/