POSITION DESCRIPTION

POSITION: Manager – Legal

Kaiwhakahaere – Ture

REPORTS TO: Manukura Tuarua | Deputy Chief Executive

DATE AGREED: April 2024

JOB PURPOSE As a member of the Senior Leadership Team, the Manager Legal contributes to our organisational and people leadership. This role supports the CEO, Deputy CEO, Deputy Registrar and Registrar through a ‘no- surprises’ approach to meet Council’s regulatory obligations in an effective and timely manner. The Manager Legal leads Council’s legal team and oversees the delivery of external legal services. It ensures the provision of robust, timely legal advice to Council, professional conduct committees, managers, staff and Council agents that supports effective decision making and case management.

LIMITATIONS

ON AUTHORITY

This position is subject to management and financial delegations by the CEO.

All expenditures to be within the approved financial delegation and Council budget, unless prior approval by the CEO.

This position is subject to the non-disclosure agreement relating to confidential information.

Areas of work Key Accountabilities Te Tiriti o Waitangi/ The Treaty of Waitangi

• Incorporate the principles of Te Tiriti o Waitangi in regulatory work. • Actively contribute to the Council culture that values Māori as

partners in regulatory work. • Demonstrate tikanga, cultural safety and the appropriate use of te reo.

Manages advice to Professional Conduct Committees (PCCs)

• Oversees and coordinates the work of the legal team to ensure the provision of timely, consistent advice to PCCs that complies with the HPCAA and any other relevant statutory obligations.

• Ensure all recommendations and suggestions are carefully considered, constructive, relevant, and appropriate.

• Ensure all parties are consulted and kept updated on the PCC’s investigation and prosecution, as required under the HPCAA, and that all decisions are appropriately and accurately recorded.

• Ensures that an adequate and appropriate group of PCC members is available across the breadth of specialities, managing recruitment and contract management for PCC members.

• Proactively identify opportunities to enhance relationships with PCC Convenors and mentors, and support PCCs effectiveness through member training and/or process improvement.

Health Practitioners Disciplinary Tribunal (Tribunal)

• Facilitate and lead the Legal team’s management of Tribunal prosecution processes.

• Facilitate and monitor the assistance of external Counsel where appropriate.

• For complex matters, assist counsel appointed by the PCC to prosecute a doctor before the Tribunal.

• Facilitate and oversee the provision of resources for training of staff to assist them to competently brief witnesses, prepare evidence and submissions before the Tribunal.

Legal advice and support to Council and litigation management

• Provide timely, high-quality and robust advice on general legal matters affecting the Council that satisfactorily addresses Council’s needs and complies with our policies and procedures, and draft and review significant or complex legal documents as required.

• Lead and direct the maintenance of best practice for in-house legal services including identifying and implementing opportunities for process-improvement and streamlining the legal team’s practices.

• Support statutory compliance across Council and Council’s Standing Orders, policies and procedures by confirming awareness and advising on the interpretation and application of legislation (including employment-related legislation).

• Leadership around privacy culture and infrastructure. • Ensure Council papers contain accurate and thorough assessments of

options that assist Council to make informed and reasoned decisions and accurately reflect relevant legislation, the rules of natural justice and Council’s Standing Orders, policies and procedures.

• Oversee and manage external litigation and advice: o Directly engage with and be accountable to the CEO for

appeals with input from the Registrar. o Where appropriate, seek and act on instructions from the

Registrar and/or the Deputy Registrar on appeals involving Council decisions.

o Work in conjunction with Registrar and Deputy Registrar to manage risk and implement advice and findings, and identify areas of improvement in connection with external litigation.

• Maintain panel of external legal providers (except for providers of debt recovery and human resource services).

• When required, provide instruction and direction to external legal counsel to effectively support Council activity and manage any current or perceived risks.

• Lead strategic legal projects where required. • Facilitate legal support to Council teams dealing with strategic,

significant or complex projects and support the development and implementation of initiatives across Council that improve the compliance, quality, timeliness and cost effectiveness of Council services.

• Lead or contribute to reviews of operational and statutory policies and procedures of Council, as required.

• Contribute to the development and implementation of Council’s strategic and business plans so that objectives are delivered to the agreed standard, time, and budget.

Liaison / stakeholder engagement / representation

• Develop and maintain collaborative, effective relationships with internal and external stakeholders that foster trust and confidence to support the achievement of Council’s strategic priorities.

• Represent Council as required, including informing the profession and public on issues and law relating to disciplinary and competence functions of the Council.

• Engage and influence relevant audiences to improve their understanding of Council’s activities and responsibilities under the HPCAA.

Leadership As a member of the Senior Leadership Team (SLT), contribute directly to our organisational and people leadership by: • Generously sharing managerial and leadership knowledge and skills

and working collegially with other senior managers to achieve optimal outcomes for the Council and delivering on Council’s purpose.

• Taking a constructive, ‘big picture’ approach to developing strategies and ways of working that support achieving Council’s objectives and maximises Council resources within and across specialist teams.

• Taking ownership of executive and SLT decisions and engaging own teams in their implementation.

• Professional and personal behaviour that consistently models the Council’s values, including: • Actively supporting Council’s people development and

improvement culture. • Leading in a visible, consistent, and ethical manner. • Demonstrating and upholding Council’s values:

Kotahitanga ‘We are a team’. Great things happen when we are unified. Manaakitanga ‘We support each other’. Our environment is inclusive, diverse and respectful. Whakapono

‘We act with integrity’. Honesty and transparency are at the heart of everything we do. Whakamārama ‘We lead by listening’. Always learning, forever innovating. Kaitiakitanga ‘We protect the public’. This is our primary purpose and the touchstone for all decision- making.

Facilitate and supervise the training of legal team

• Supervise and support the legal team and mentor the Senior Legal Advisers to provide coaching, supervision and support to other team members.

• Delegate effectively, review and quality assure the technical work of the Legal team.

PERSONAL CHARACTERISTICS REQUIRED BY THE POSITION

Qualifications • Qualified Lawyer holding a current practising certificate with a minimum of 8 years PQE

Knowledge, skills and experience

• Relevant experience in the health sector and/or medical law preferred.

• Relevant and recent experience in management and senior executive leadership.

• Previous experience in a regulatory environment. • Advanced knowledge and proven experience of the prosecutions

process, including legislation, case law, court procedures, and Tribunal processes.

• Political and intellectual acuity. • High level of initiative, judgement, critical analysis, and decision-

making ability. • Forward thinking and can develop concepts into practical and

achievable outcomes. • Creative and innovative strategic thinking skills. • Highly skilled at communicating clear and concise messages orally

and in writing with excellent presentation skills. • An effective planner with a methodical approach to their work and

proven time management, task planning, prioritising, and delegation abilities.

• Builds and maintains effective, trusting relationships internally and externally.

• Demonstrated ability to deal effectively with conflict and opposition including the proven ability to facilitate, mediate, negotiate, influence, and persuade.

• Excellent personal organisation and self-management with the demonstrated ability to work effectively both independently and within a small team.

• Sound information technology skills. • Resilient and tenacious, with the ability to remain flexible and calm

under pressure while still delivering on outputs.

4088579 May 2021

Chief Legal Counsel - Competition, Credit, Fair Trading, Market Regulation, Infrastructure Regulation, Legal Services Reports to General Counsel (General Manager, Legal Services) Commerce Commission Vision Our vision is that New Zealanders are better off because markets work well and consumers and businesses are confident market participants. He Kawa Tauhokohoko/Our Values Framework Our values inform what is at the heart of the Commerce Commission | Te Komihana Tauhokohoko and shape how we approach our work, each other, and those we work for. They have been designed by us, for us:

2

Purpose of Role To manage and lead a legal team in the provision of high-quality legal services to the Commission, supporting the General Counsel as a member of the Legal Services Branch Leadership Team, and to be an active member of the leadership team for the Partner branch.

Key Result Areas 1: Provide leadership and management of your team, in a manner that promotes engagement

and high performance, develops talent and ensures effective delivery of the team’s work programme

• Provide leadership, coaching and mentoring to develop individual and collective capability and clarity of direction

• Provide effective day to day management of team members

• Recruit and maintain a high level of expertise within the team

• Foster a “learning” environment, celebrate success and create a sense of pride and belonging in the team

• Encourage and nurture an engaged and high performing team, whose members understand how their work aligns with the strategies, business plans, and deliverables for the Legal Services Branch and Partner Branch

• Contribute to the Legal Services Branch Leadership Team, and keep the General Counsel up-to- date with relevant staffing matters as appropriate

• Ensure priority areas in employee surveys are addressed and actions identified for improvement

• Be an effective role model and leader for team members, demonstrate our values, and promoting a supportive and inclusive team culture

• Encourage a positive health, safety and wellbeing culture in your team and ensure you and your team understand your accountabilities and responsibilities under our Health, Safety and Wellness policy and the Health and Safety at Work Act 2015.

Outcome:

• Team members are skilled, engaged, high performing, and effectively delivering results for the team, Legal Services branch, Partner Branch, and the Commission.

2: Lead, develop and be accountable for the delivery of high quality advice to the Partner Branch

and Commission, and oversee delivery of Legal Services branch projects and initiatives

• Provide technical leadership and expert advice to the Partner Branch, and guidance to your team and project teams on how to apply legal frameworks

• Develop presentations and present legal opinion / advice on project issues independently and in conjunction with others

• Communicate succinct outline of legal issues and rationales for opinions

• Identify solutions to significant and complex legal issues, assist in developing a ‘theory of the case’ and obtain agreement from the project manager

• Oversee and review the structure, format and content of written and oral communication to project stakeholders on significant and major projects independently and with others as appropriate

• Lead the development and implementation of new methods, processes, systems, frameworks, templates to optimise the delivery of work by your team

• Provide oversight and quality assurance of your team’s advice as and where required

• Keep General Counsel and SLT informed on priorities and risks

• Work with General Counsel, SLT and Board to understand and manage their expectations.

3

Outcomes:

• The work programme, projects and initiatives across the breadth of your role are prioritised, resourced and effectively delivered in line with the plans and priorities of the Legal Services Branch and the Partner Branch, and the Commission’s purpose and strategic direction

• High quality and timely advice is delivered to stakeholders.

3: Work proactively as a member of the leadership team for the Partner Branch, and focus on delivery of legal services to that branch to support attainment of its work programme and priorities

• Ensure that the GM (and leadership team) of the Partner Branch are kept updated on matters with either strategic or cross-branch resourcing implications

• Ensure that the GM of the Partner Branch and sponsors of projects are kept informed as needed and consulted on case/matter decisions with either strategic or significant resource implications

• Ensure an understanding of the Partner Branch’s business strategy, goals and objectives to oversee a work programme that integrates with and closely supports the goals of that branch

• Plan, prioritise, resource, and deliver a portfolio of work in line with the plans and priorities of the Legal Services branch and the Partner Branch

• Guide project teams to evaluate alternative resolutions and recommendations

• Participate in project debriefs to ensure lessons learnt are shared and applied in future

• Escalate matters of novelty, complexity, importance or controversy to the General Counsel

• Act as a liaison with project managers and external legal services providers and mediate on resource allocation issues and other conflicts

• Adopt an advocacy role and confidently debate issues. Outcome:

• The Partner Branch and Division/s are well-informed and confident, and trust in the legal advice and support received from the Legal Services branch.

4: To provide effective management of litigation and other projects

• Act as a project sponsor and/or holder of delegation from Division/s on selected projects, including conducting litigation, leading settlement negotiations or holding accountability for effective drafting of secondary legislation (as appropriate)

• Ensure preparation of litigation or project budgets and reporting, including variance reporting

• Ensure preparation of timely progress updates to oversight and Divisions

• Ensure critical litigation-related and other project dates are met

• Act as a liaison point for the litigation process between internal and external stakeholders

• Manage litigation budgets in conjunction with project managers

• Approve key litigation documents and decisions in accordance with delegations from Divisions and in consultation with the General Counsel and the Partner Branch

• Report to the Commission and SLT on litigation progress and performance against litigation funding budgets

• Ensure that projects are managed with the aim of achieving the project’s objectives, and the objectives and strategy of the Legal Services and Partner Branches.

Outcome:

• These projects are well-managed with an effective use of resources, the exercise of good judgement and no material unexpected variance as against approved budgets.

4

5: Operate collaboratively as a leader in the organisation to align behaviours, systems and

processes

• Develop and maintain relationships of trust with the General Counsel, Commissioners, CEO, other GMs, team members and other Commission employees

• Effectively communicate and provide sound advice to the General Counsel, CEO and GMs to support them in their decision-making responsibilities

• Be an effective role model for connecting, collaborating, knowledge sharing and fostering trusted and effective working relationships across the Commission

• Demonstrate commitment to leadership through aligning behaviours, systems and processes to have a consistent way of working, language of articulating how work gets done and what good performance looks like, and our processes are simple yet robust and aligned

• Work closely with the General Counsel, the Legal Services Branch Leadership Team and the Partner Branch Leadership Team and visibly support collective decisions

• Maintain and develop relationships with external stakeholders, eg the legal profession, industry stakeholders, government, and international agencies to assist with the operational and strategic goals of the branches and the Commission.

Outcome:

• Effective relationships with internal and external stakeholders are established and maintained to improve effectiveness and build confidence around matters relating to the Commission.

Note: These responsibilities are not exhaustive. From time to time it may be necessary to change the position requirements in response to the changing nature of our work environment, including technological requirements or statutory changes. Such change may be initiated as necessary by your manager or general manager and will be discussed with you.

5

Person Specification Qualification Undergraduate degree in law and Practising Certificate

Ability Level

• Demonstrated ability to provide high quality legal services in the area of competition law, consumer law, consumer credit law, or the laws concerns with economic regulation

Strategic

• Demonstrated ability to provide high quality legal services in the area of public/administrative law and/or civil and criminal procedure

Expert

• Demonstrated conceptual thinking and problem solving ability Strategic

• Demonstrated drafting ability in court pleadings and legal advice, and other legal documents

Expert

• Demonstrated legal research and analytical ability Strategic

• Demonstrated numerical ability Expert

• Demonstrated understanding of economic concepts and principles Sound

• Demonstrated verbal and written ability Strategic

Experience

Level

• Demonstrated legal experience at a senior level Expert

• Demonstrated experience leading a team of professionals Strategic

• Demonstrated experience managing a team of professionals Expert

• Demonstrated experience presenting information and advice Strategic

• Demonstrated management experience Sound

• Demonstrated experience in business management and strategy Expert

• Demonstrated experience working in a project management framework or project team Expert

• Demonstrated experience managing internal and external relationships Expert

Knowledge

Level

• Knowledge of relevant legislation/ legal frameworks enforced by the Commission Strategic

• Knowledge of leadership principles and practices including strategy and vision Expert

• Knowledge of laws of evidence, court rules and professional rules of conduct Expert

• Knowledge of Commission internal and external guidelines, decision making processes and policies

Expert

• Knowledge of the Commerce Commission’s role and function, and the functions of each group

Sound

• Knowledge of relevant economic principles and frameworks Sound

• Knowledge of investigation techniques and their practical application Expert

• Knowledge of employment law and best practice people management Sound

6

Definitions Basic The job requires adeptness in a skill and experience in a variety of tasks. The skill may be related to specific activities that take time to acquire, extending beyond short term. (Typically 1-2 years related experience.)

Sound The job requires highly relevant experience in a specific area of work, often involving specialised training in order to achieve competence. This is not short-term experience, but significant, longer-term experience, predominantly focused on acquiring specialist knowledge. (Typically 2-3 years related experience.)

Expert The job requires experience of a broad nature, above that of a skilled person. Normally involves an awareness of work activities beyond the immediate job situation and the impact of the job on these activities. (Typically 3-5 years related experience.)

Strategic The job requires highly relevant knowledge and experience, an understanding of immediate issues and long term effects of actions. This is a subject matter expert who can be focused on an organisation’s goals as well as the specific short term issues. (Typically 5-10 years related experience.)

Level: 21

Business Unit Operations

Location Various

Type Permanent

Last Updated July 2024

Taumata Arowai is the government-appointed water services regulator for Aotearoa New Zealand. It is a Crown agency governed by a Minister-appointed Board, with advice provided by Te Puna, our statutory Māori Advisory Group. Our responsibilities are to protect and promote drinking water safety and related public health outcomes. We also have an oversight role in the environmental performance of drinking water, wastewater and stormwater networks. As part of our purpose to provide safe water for all through water regulatory services, we recognise Te Mana o te Wai, Te Tiriti o Waitangi and the Water Services Act 2021, as well as the Crown Entities Act 2004. We are committed to ensuring all communities have access to safe and reliable drinking water every day, and to achieve this we understand the need to develop strong relationships and work collaboratively across the sector. Te Mana o te Wai is a fundamental concept focused on restoring and preserving the balance between water (wai), the wider environment (taiao) and people (tangata), now and in the future. For further information, please visit Te Mana o te Wai | Taumata Arowai.

Spirit of service Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi. In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under te Tiriti o Waitangi.  We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.

Purpose and role of Taumata Arowai

Manager Technical Advice Position Description

Page 2 of 4

Mō tēnei tūranga mahi | About this role

Position Purpose The Manager Technical Advice, leads a team of specialists to provide technical advice to effectively support our regulatory role.

The purpose of the Operations Group is to use data and insight to deliver compliance monitoring and enforcement activities, and technical advice geared to risk in regulating and overseeing the provision of safe drinking water to Aotearoa New Zealand and protecting health.

Reports to Director Technical Advice and Analytics

Staff 7

Financial Authority Level 4 - Refer to Delegations Policy

Key Relationships

Internal

Operations Group

Legal Team

External Drinking Water Suppliers Wastewater Operators Health sector Central Government Local Government

Key Accountabilities It is likely that the scope and functions of positions within Taumata Arowai will evolve over time.

Leadership

• Build and lead a high performing team which are engaged and motivated to succeed

• Ensure all team members demonstrate the tikanga and whakatauki of Taumata Arowai in their engagement with others

• Develop an environment within the team that encourages innovation and collaboration

• Demonstrate commitment to developing personal Māori-Crown relations capability and creating a team and organisational environment that enables kaimahi to build their capability.

• Value and respect the diversity of contribution within the team and build an inclusive team culture

• Coach and mentor kaimahi, providing them with development opportunities to build their capability

People Management

• Provide day to day oversight and supervision of direct reports • Provide advice and support to team members to assist them to

carry out their duties • Ensure kaimahi have a strong cultural alignment to Taumata

Arowai kaupapa and remain connected to other Taumata Arowai teams

Page 3 of 4

Leadership of Technical Advice

• Provide people leadership and functional leadership, leading our technical advice, supplier quality assurance rule reporting, and exemptions functions

• Support the delivery of the Operations work programme for Taumata Arowai including regular monitoring against objectives and milestones

• Manage and deploy people resources to ensure the delivery of the technical advice and Operations work programmes, and technical advice and information needs across the organisation

• Build capability and confidence in Māori-Crown relations, including te reo Māori, giving effect to Te Mana o te Wai and upholding Te Tiriti o Waitangi  

Relationship Management

• Support strong and meaningful relationships with mana whenua, iwi Māori and Māori organisations

• Develop and maintain effective working relationships with internal stakeholders to achieve Taumata Arowai outcomes 

• Develop and maintain effective working relationships with key external stakeholders to achieve the outcomes of Taumata Arowai

• Contribute to the delivery of response activity in Taumata Arowai as needed

Health and safety for self • Work safely and take responsibility for keeping self and colleagues

free from harm • Report all incidents and hazards promptly • Know what to do and follow relevant procedures or instructions in

the event of an emergency

• Cooperate in implementing return to work plans • Comply with Health, Safety and Wellbeing policies

for team • Inform, develop and equip staff to carry out their work safely • Ensure prompt and accurate reporting and investigation of all

workplace incidents and injuries • Assess all hazards promptly and ensure they are managed.

Ko koe tēnei | About you

Qualifications Relevant tertiary qualification or equivalent technical experience (in for example engineering or infrastructure asset management)

Page 4 of 4

Experience • 7+ years’ experience relevant to this role

• Experience providing strategic technical advice • Demonstrated people leadership capability • Experience managing people, resources, and in structuring work programmes • Experience procuring technical expertise, and managing external technical advisors

• Experience in a regulatory environment

Knowledge • Strong understanding of the application of technical knowledge to support a regulatory function

• A sound understanding of regulatory and compliance functions and purpose • Understanding of the political, social, economic and environmental context in which Taumata

Arowai operates

Skills and Attributes • A continuous improvement and service mindset

• Strategic thinking skills and sound judgement • Good communications skills - written and oral, able to communicate with credibility and convey

complex information to a variety of audiences • Strong interpersonal and stakeholder engagement skills, both internal and external, able to

establish and maintain effective working relationships • Demonstrated commitment to understanding and application of the principles of Te Tiriti o

Waitangi in partnership with Māori

Our tikanga

The tikanga of Taumata Arowai are based on the guiding principles of Te Mana o te Wai.

Kāwanatanga – lead by example by upholding and role modelling positive partnerships and behaviours based on kaupapa Māori principles, knowledge of local kawa and tikanga. Our thinking and practices are guided and informed by the principles of the Te Tiriti o Waitangi and Te Mana o te Wai.

Kaitiakitanga – ensure appropriate action is taken to steward, protect and preserve the integrity of the mauri, mana and ora of wai and tangata for the future. Our actions are guided and informed by mātauranga Māori-led change where kaitiakitanga can be exercised. Manaakitanga – act in a mana enhancing way, with care and respect for the mauri, mana and ora of wai and tangata. Our work supports and respects the interests, strengths, and aspirations of wai and tangata for long term intergenerational sustainability.