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Position Description | Te whakaturanga ō mahi

Health New Zealand | Te Whatu Ora

The Health System in Aotearoa is entering a period of transformation as we implement the Pae Ora/Healthy Futures

vision of a reformed system where people live longer in good health, have improved quality of life, and there is equity

between all groups.

We want to build a healthcare system that works collectively and cohesively around a shared set of values and a culture

that enables everyone to bring their best to work and feel proud when they go home to their whānau, friends and

community. The reforms are expected to achieve five system shifts. These are:

1. The health system will reinforce Te Tiriti principles and obligations. 2. All people will be able to access a comprehensive range of support in their local communities to help them

stay well. 3. Everyone will have equal access to high quality emergency and specialist care when they need it. 4. Digital services will provide more people the care they need in their homes and communities. 5. Health and care workers will be valued and well-trained for the future health system.

Te Mauri o Rongo – The New Zealand Health Charter

The foundation for how we ensure our people are empowered, safe and supported while working to deliver a successful healthcare system, is Te Mauri o Rongo – the New Zealand Health Charter. It guides all of us as we work towards a healthcare system that is more responsive to the needs of, and accessible to all people in Aotearoa New Zealand. It applies to everyone in our organisation and sits alongside our code of conduct as our guiding document. Te Mauri o Rongo consists of four pou (pillars) within it, including:

Wairuatanga – working with heart, the strong sense of purpose and commitment to service that health workers bring to their mahi.

Rangatiratanga – as organisations we support our people to lead. We will know our people; we will grow those around us and be accountable with them in contributing to Pae Ora for all.

Title Senior Legal Counsel – Employment

Reports to Group Manager – Employment Law

Location Te Waipounamu, ideally Christchurch or Dunedin

Department People & Communications

Direct Reports 0 Total FTE 1.0

Budget Size Opex NIL Capex NIL

Delegated Authority

HR NIL Finance NIL

Date November 2024

Job band (indicative) SP22

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Whanaungatanga – we are a team, and together a team of teams. Regardless of our role, we work together for a common purpose. We look out for each other and keep each other safe.

Te Korowai Āhuru – a cloak which seeks to provide safety and comfort to the workforce. These values underpin how we relate to each other as we serve our whānau and communities. Together we will do this by:

• caring for the people

• recognising, supporting and valuing our people and the work we all do

• working together to design and deliver services, and

• defining the competencies and behaviours we expect from everyone.

About the role

The primary purpose of the role is to advise on the full spectrum of employment law issues and employment

relationships, both contentious and non-contentious.

Key Result Area Expected Outcomes / Performance Indicators

Legal advice Advise on the full spectrum of employment law issues and employment relationships, both contentious and non-contentious including but not limited to:

• Health New Zealand policies and procedures

• Employment and contractor agreements

• Industrial Relations Law, including strikes, collective bargaining, and agreement interpretation

• Health, Safety and Regulatory Employment Law

• Employment Law Processes, such as performance management, medical incapacity and disciplinary processes (including dismissals)

• Change management, including redundancy and restructuring

• Representation in mediations, the Employment Relations Authority, and Employment Court

• Personal grievances and resolving disputes

• Privacy and Official Information Laws (in so far as they relate to employment);

• Employment aspects of corporate/organisational transactions; and

• Preparing or reviewing Statements in Reply, Mediation Briefs, Statements of Problem and Authority or Court Documents

• Provide senior level employment law advice, in a range of formats for a range of audiences, to ensure Health New Zealand’s decision makers can make decisions within an acceptable legal risk framework;

• Taking a system view of employment law issues to understand the broad connections and impact of legal positions taken.

Legal Support May contribute to the development of, or deliver:

• Tools and support for leaders to navigate employment law issues

• Templates, toolkits and precedents

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• Training and internal development for leaders, internal People and Communications staff or other Health New Zealand employees on employment law issues

• Employment Law Strategy and direction for Health New Zealand

• Employment policies, procedures, and practices

• Managing relationships with external counsel to ensure that briefed legal advice is delivered in a timely and cost effective way that meets Health New Zealand’s needs.

Te Tiriti o Waitangi • Remains focused on the pursuit of Māori health gain as well as achieving equitable health outcomes for Māori.

• Supports tangata whenua- and mana whenua-led change to deliver mana motuhake and Māori self-determination in the design, delivery and monitoring of health care.

• Actively supports kaimahi Māori by improving attraction, recruitment, retention, development, and leadership.

Equity • Commits to helping all people achieve equitable health outcomes.

• Demonstrates awareness of colonisation and power relationships.

• Demonstrates critical consciousness and on-going self-reflection and self-awareness in terms of the impact of their own culture on interactions and service delivery.

• Shows a willingness to personally take a stand for equity.

• Supports Māori-led and Pacific-led responses.

Innovation & Improvement

• Is open to new ideas and create a culture where individuals at all levels bring their ideas on how to ‘do it better’ to the table.

• Models an agile approach –tries new approaches, learns quickly, adapts fast.

• Develops and maintains appropriate external networks to support current knowledge of leading practices.

Collaboration and Relationship Management

• Models good team player behaviour, working with colleagues to not allow silo thinking and behaviour at decision making level to get in the way of doing our best and collegially supports others to do the same.

• Works with peers in Te Aka Whai Ora | Māori Health Authority and Pacific Health Business Unit to ensure the voice of and direct aspirations of Māori and Pacific People are reflected in planning and delivery of services.

• Partners with senior leadership to deliver sound legal advice

Health & safety • Exercises leadership and due diligence in Health and Safety matters and

ensures the successful implementation of Health and Safety strategy

and initiatives.

• Takes all reasonably practicable steps to eliminate and mitigate risks and hazards in the workplace that could cause harm, placing employee, contractor and others’ health, safety, and wellbeing centrally, alongside high-quality patient outcomes.

• Leads, champions, and promotes continual improvement in health and wellbeing to create a healthy and safe culture.

Compliance and Risk

• Takes responsibility to ensure appropriate risk reporting, management and mitigation activities are in place.

• Ensures compliance with all relevant statutory, safety and regulatory requirements applicable to the Business Unit.

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• Understands, and operates within, the financial & operational delegations of their role, ensuring peers and team members are also similarly aware.

Relationships

External Internal

• External Legal providers

• Ministry of Health

• Other Government Agencies

• The wider legal team

• People and Communications team members

• All Health New Zealand business units

• Health New Zealand leaders and Managers

About you – to succeed in this role

You will have Essential:

• Experience (in the range of 7 years PQE) in providing employment law advice and representation to clients in roles applying critical thinking and using sound judgment to develop options, provide advice, and translate this into meaningful advice and recommendations;

• Experience providing representation to clients in mediation, the Employment Relations Authority and Employment Court;

• Demonstrated background providing legal advice in relation to employment matters;

• Critical thinking, sound judgment and analytical skills which can be constructively applied to a wide range of employment-related legal topics and human behaviour generally;

• Experience building constructive relationships with senior leaders

• Experience in implementing Te Tiriti o Waitangi in action.

• LLB and ability to hold a practicing certificate with the New Zealand Law Society

Desired:

• Experience in a unionised environment is desirable;

• Experience in previous in-house roles and/or advising large complex clients is desirable

You will be able to Essential:

• Demonstrate an understanding of the significance of and obligations under Te Tiriti o Waitangi, including how to apply Te Tiriti principles in a meaningful way in your role.

• Take care of own physical and mental wellbeing, and have the stamina needed to go the distance.

• Maximise the quality and contributions of individuals and teams to achieve the organisation’s vision, purpose and goals.

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• Establish and maintain positive working relationships with people at all levels within the public and private sectors, related industry and community interest groups and the wider national and international communities.

• Demonstrate a strong drive to deliver and take personal responsibility.

• Demonstrate self-awareness of your impact on people and invests in your own leadership practice to continuously grow and improve.

• Demonstrate the highest standards of personal, professional and institutional behaviour through commitment, loyalty and integrity.

This position description is intended as an insight to the main tasks and responsibilities required in the role and is not

intended to be exhaustive. It may be subject to change, in consultation with the job holder.

Position Description Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel

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Role Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel

Reports To Pou Ngārahu | General Counsel

Job Band 7

Direct Reports N/A

Tenure Permanent

Location Te Whanganui-a-Tara | Wellington

About Te Tumu Paeroa E totoka ai te tumu o te papatipu hei oranga mō Te Iwi Maori, o mua, o naianei, o anamata hoki. Ko Te Tumu Paeroa tēnei, te kaitiaki, kaitaunaki, kaiwhakawhanake i te mana o ngā whenua Māori, huri noa. | So that the foundations of ancestral lands may be solid, benefitting Māori from our past, present and future alike. This is Te Tumu Paeroa, guardian, support and advancer of the mana of Māori land everywhere. Our role is to provide professional trustee services for Māori. We do this by carrying out the terms of trusts and ensuring the whenua is protected and enhanced for future generations.

Our Values Ngā Mātāpono, Ngā Uara Whai o Te Tumu Paeroa Keeping our values close at hand, top of mind and always in the heart. Kia Mau! Tōtika Te tika o te tū | Professionalism Being great at our job is how we make the most difference for whenua and whanau. Kotahitanga Te raranga i te tira | Unity We work as one, we trust each other, and value our differences. Manaakitanga Te akiaki i te mana | Respect We treat everyone with dignity, fairness and empathy. Mana Te ihi, te wehi, te wana | Integrity Integrity is the heart of everything we do.

Role Purpose The Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel is primarily responsible for:

• Assisting the General Counsel of the Māori Trustee and Senior Legal Counsel to manage the legal issues of the Māori Trustee.

• Working directly with the business in all aspects of the legal work of the Māori Trustee including Māori land law, trusts law, estates, landlord and tenant, conveyancing and general property, commercial and contract, resource management, legislative compliance, opinion work, litigation and dispute management including appearances a counsel.

• Together with other senior lawyers in the team, day to day supervision of Law Graduates and Legal Counsel, overseeing their workloads, priorities and work outputs.

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Key Accountabilities Culture and Strategy

• Contribute to and promote the vision, values and culture of Te Tumu Paeroa. • Contribute to and promote a culture within Te Tumu Paeroa that values openness, mutual

respect, ownership, collaboration and both individual and shared accountability/responsibility.

• Actively seek an understanding of the services that Te Tumu Paeroa deliver and how the Legal team can positively influence organisational impacts and associated risks.

• Demonstrate an understanding of (internal and external) factors impacting the Māori Trustee, Te Tumu Paeroa, whenua and owners; so that sound strategic responses can be identified and implemented, with positive impacts for the whenua and past, present and future owners.

• Build and strengthen effective relationships with stakeholders across Government departments, the Māori Land Court, industries/disciplines and suppliers.

• Contribute to the identification of positive change and innovation for the Māori Trustee, Te Tumu Paeroa, whenua and owners.

• Provide expert advice and guidance associated with your team’s functions and deliverables to the Māori Trustee and the Business.

• Contribute to building a culture within the Legal Team that values the importance of adherence to policies, processes and procedures and strives for continuous learning, development and improvement.

Leadership

• Work with other members of the Legal Team, to ensure the priorities and goals of General Counsel and the Senior Leadership Team are understood and delivered.

• Escalate complex issues impacting the Legal team, and the business to General Counsel at the earliest opportunity, then manage and monitor agreed resolutions.

• Promote and support individual and team behaviours that demonstrate the positive benefits of Health and Safety, compliance, risk management and quality assurance.

• Actively work to identify opportunities and log requests targeting better ways of working. Contribute to the implementation, monitoring and management of new ways of working.

• Ensure internal and external risks impacting the Legal Team and the business are raised and contribute to the implementation of controls to eliminate or mitigate impacts.

• Ensure internal and external issues impacting the Legal Team and the business are raised with General Counsel at the earliest opportunity.

Carry out Legal work Relevant to the Business under the Direction and Supervision of the General Counsel

• Provide a full range of legal advice to business teams in support of their operational business functions and directly to the Senior Leadership Team, ensuring legal risk is identified and appropriately managed in support of optimum business outcomes.

• Negotiate, draft and review contracts and other legal documents to meet business needs.

Position Description Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel

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• Manage disputes and litigation including drafting of all court documentation. • Act as counsel for the Māori Trustee in the Māori Land Court, District Court, and other fora. • Secure outcomes that minimise legal, financial and reputation risk to the Māori Trustee and

result in commercially acceptable outcomes for the Māori Trustee. • Proactively work with the business to manage potential or threatened legal claims against the

Māori Trustee. • Work both independently of and with General Counsel and other members of the Legal Team

depending on nature and volume of workflows, and report in a timely and comprehensive manner to the General Counsel, and where appropriate Senior Leadership Team and Business Managers.

• Assist the General Counsel on any internal project that the Legal team is involved in within the Business.

Manage Legal Risks Associated with Legislative Compliance • Provide legal advice and opinions on legislation under which the Māori Trustee operates or is

subject to. • Assist the business to develop and embed organisational processes and practices that are

legally compliant and achieve desired business outcomes. • Oversee and review responses to client information requests, official information requests,

and requests under the Privacy Act. • Lead in-house training for the business that assists to strengthen a culture of legal compliance

and best practice. • Work collaboratively with the business to identify, establish and embed behaviour and

practices that contribute to minimisation and management of litigation risk or the risk of complaints that may lead to a claim, including through in-house training.

Develop and Maintain Key Precedents • Structure, develop, draft, revise and maintain template/precedent legal documents to

support core business functions ensuring legality and commercial effectiveness of business practices and transactions.

(Preferably) Maintain an in-house Conveyancing Capability • Meet the personal and professional requirements of LINZ to hold the e-dealing license to

undertake conveyancing and make alterations to the Land Titles Register for New Zealand. • Where applicable, provide training/assistance to qualified internal staff to enable them to

carry out conveyancing functions and transactions in accordance with professional guidelines. • Develop precedents, systems and documents as required for an e-dealing capability, oversee

Māori Trustee conveyancing transactions ranging from subdivisions, to title encumbrances of any nature, to transfers, leases and financing, for both general and Māori Land, and of both fee simple and leasehold estates, review all conveyancing documents and processes for each transaction and undertake all transaction certifications required by Land Information New Zealand in order to complete conveyancing transactions.

Complies to Professional Obligations

Position Description Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel

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• Comply with standards prescribed by the New Zealand Law Society and as set out in the Lawyers and Conveyancers Act and relevant regulations.

• If applicable, meets the personal and experiential requirements specified by the Registrar General of Land and the duties, responsibilities and obligations imposed in respect of Land Register alterations from time to time by the RGL.

Organisational Obligations • Comply with all policies and procedures set by Te Tumu Paeroa. • Follow and promote all Health and Safety practices and instructions.

Professional and Career Development • In conjunction with your manager, identify areas for both personal and professional

development in line with your Individual Development Plan. Compliance and Quality Assurance

• Actively adhere to and promote policies, processes and procedures that provide positive outcomes in Health and Safety, compliance, risk management and quality assurance.

• Ensure that all outputs, deliverables and inputs into systems and applications, meet all legislative, regulatory and internal quality standards and measures; including outputs, deliverables and inputs provided to you by other staff.

• Actively work to identify risks, issues and obstacles impacting the Māori Trustee, Te Tumu Paeroa, whenua and owners and ensure these are raised with your Manager at the earliest opportunity. Contribute to the analysis and implementation of effective controls and resolutions.

• Following appropriate policies, process and procedures, while using all available information and considerations, ensure timely decisions are made in the best interests of the Māori Trustee and Te Tumu Paeroa; providing positive outcomes for whenua and owners.

Related Duties • Perform other related duties as requested/required.

Performance • Follow all instructions that promote the goals, outputs and deliverables of your role, team and

Te Tumu Paeroa. • Ensure you are well trained and impediments impacting your deliverables and targets are

raised with your Manager at the earliest opportunity. • Contribute to annual planning processes for your team. Where required, contribute to

organisation wide planning processes, ensuring continuity of services across Te Tumu Paeroa. • Actively strive to meet goals and targets. • Provide mentoring and support to your colleagues, contributing to a culture of continuous

learning, development and improvement.

Internal Relationships • General Counsel • Trust and Property Team

Position Description Kaitohutohu Ture Tauwaenga | Intermediate Legal Counsel

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• Senior Leadership Team • Business Managers • All other Te Tumu Paeroa Staff

External Relationships • Te Puni Kokiri Legal Team • Māori Land Court Registry Staff • Owners, Trustees or customers of land administered by Te Tumu Paeroa

Core Competencies Ngā Pae Mōhiotanga Reo Māori

• Pae Rua- Te Whakarongo | An ability to understand Te Reo Māori, a desire and ability to practice correct pronunciation of Te Reo Māori (desired).

Ngā Pae Mōhiotanga Tikanga Māori • Pae Tahi- Nō Ia Rā | An understanding and living of Tikanga Māori on a day-to-day level, for

example, the removing of shoes before entering a whare, washing hands at the urupa and not sitting on tables (essential)

Continuous Improvement • Actively work to identify opportunities and log requests for improving the way we work.

Contribute to and support the implementation of new ways of working. • Actively contribute to a culture of continuous learning, development and improvement. • Support others to improve the quality of work delivered by Te Tumu Paeroa.

Professional Development • In conjunction with your Manager, identify areas for both personal and professional

development (in line with your role and career progression), while keeping an up-to-date Learning and Development Plan.

• Complete all mandatory and agreed training.

Education and Experience • At least 4 years post-admission experience. • Holds a current practising certificate issued by NZLS • Proven experience in landlord and tenant law, conveyancing and general property law,

contract and commercial law . • Preferably experience in one or more of the following: Māori land law, trusts law, estates,

resource management litigation and dispute management • Demonstrable ability in the provision of quality legal advice and representation which is

strategic, legally accurate, solutions focused and well targeted. • Excellent legal analytical, problem-solving skills and attention to detail. Consistently

demonstrates well-structured and rational analysis and decision-making skills.

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• Work with an exceptional level of personal integrity, engender trust and credibility and always act ethically and consistently with professional obligations.

• Work with a high level of integrity, resilience and sets and maintains the highest standards • Excellent written and verbal communication skills.

• Certification to practise conveyancing (desirable). • Clearly expresses opinions, information, arguments and solutions in a variety of styles and

settings. • Consistently provides quality legal advice and representation which is strategic, legally

accurate, solutions focused and well-targeted. • Experience in conflict management mitigation essential. • Excellent skills in building and fostering strong internal and external relationships. • Excellent written and verbal communication skills. • Excellent time management and organisation skills, including the proven ability to manage

multiple competing priorities. • Experience mentoring/coaching or training team members is a plus. • Excellent working knowledge of Microsoft Office. • Experience with Microsoft Dynamics CRM, Dynamics NAV, SharePoint and/or M365 is a plus. • Possesses exceptional personal integrity • Engenders trust and credibility • Is honest and hardworking • Maintains confidences • Always acts ethically and consistently with professional obligations • Acts as a role model for the organisation; consistently demonstrating the desired behaviours. • Respects personal boundaries of others and behaves in an appropriate manner • Acts in a manner which enhances the reputation of the Māori Trustee and Te Tumu Paeroa • Is highly resilient – able to work well in a high-pressure situation over sustained periods • Able to achieve outstanding results through sustained actions over time in the face of

obstacles. • Is tactful and diplomatic • Sets and maintains the highest standards. • With limited instruction acts independently and responsibly to reach desired outcomes • Is proactive and resourceful • Takes responsibility and is accountable • Assists colleagues to achieve their responsibilities and goals • Understands when to sound-out advice or assistance from others • Constantly wanting to improve and develop • Accepts and takes on the challenge of constructive feedback • Enjoys being part of a team and participates in team activities and events

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• Contributes to a collegial and cooperative Legal team • Respects Māori cultural values and customs

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Senior Legal Advisor - Employment

Position Details

Reports to: Manager – Legal, Employment Employee Type: Employee

Executive Group: Chief Operating Office Shift Work/Non-Shift Work: Non-shift work

Workgroup: People Group Remuneration Range: Grade 21

Location: Police National Headquarters Delegated Financial Authority: Nil

Direct Reports: Nil

Working at Police (who we are)

New Zealand Police delivers services that ensure people can be safe and feel safe in their homes, on our roads and in their communities. Police operate 24 hours a day in a complex environment actively targeting and preventing crime and harm. With around 16,000 staff, we work from urban and rural stations and larger policing hubs. We operate on land, sea and in the air, and respond to more than 1.2 million events per year – answering more than 992,000 111 calls and over 650,000 non-emergency calls. We’re working towards specific goals and targets that highlight our intent to work collaboratively with iwi and communities, other government sectors and business partners to deliver ‘Our Business’ and achieve long-term change.

Values: Our Values provide a guide to the way New Zealand Police work, operate, and make decisions, and reflect what is important to us and the communities we serve.

Professionalism Taking pride in representing New Zealand Police and making a difference in the communities we serve

Respect Treating everyone with dignity, upholding their individual rights and honouring their freedoms

Integrity Being honest and upholding excellent ethical standards

Commitment to Māori and The Treaty

Acting in good faith of, and respecting the principles of Te Tiriti O Waitangi – partnership, protection, and participation

Empathy Seeking understanding of, and considering the experience and perspective of those New Zealand Police serve

Valuing Diversity Recognising the value different perspectives and experiences bring to making us better at what we do

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Position Overview (where you’ll be working)

To support the delivery of Our Business the Senior Legal Advisor will provide advice, advocacy and support on grievances, disputes, change management, health and safety and general employment law (including information law and Human Rights).

The purpose of leadership in this role is to lead the tactics of Our Business and enable our people to deliver them.

Responsibilities (what you’ll be doing)

The Senior Legal Advisor - Employment will:

1. Keep Our People Safe Exercise your health and safety due diligence. Foster a safe and supportive culture by leading the integration of safety, health, and wellbeing into all aspects of

the workplace including planning, training, and operations. Understand the hazards faced by the team and enable them to eliminate or minimise the associated risk. Monitor health and safety events, encourage near miss reporting, debriefs with a lessons-learned mindset, and

resource incident reviews to a level commensurate with their significance. Proactively manage employee preventative health initiatives and return to work from injury or illness.

2. Service Delivery Personal Grievances and Disputes

- Manages personal grievance cases including representing Police at mediation and the Employment Relations Authority and, where required, manages external counsel relationships.

- Provide briefings, advice and support to Police Managers and HR professionals on preventing and managing disputes and personal grievances.

- Provides expert and sound legal advice on dispute resolution. - Provides risk assessment to Police Managers and HR professionals during the dispute

resolution processes. - Manages and takes ownership of potential high-risk employment relationship problems or issues. - Develops case management strategies in conjunction with the Manager – Legal, Employment - Provides timely legal advice and support to Police Managers and HR professionals when managing disputes

and personal grievances.

Employment Law - Provides expert legal advice and legal opinions on interpretation of Police Collective

Employment Agreements and policy, change management processes, health and safety and general employment legislation.

- Supports employment investigations as assigned and works closely with Police’s new disciplinary resolution team.

- Provides timely legal advice and support to Police Managers and HR professionals when managing employment relations issues.

- Proactively recognises potential employment law risks or issues with a likely organisation-wide impact. - Develops and delivers training on employment law issues, as required in order to upskill Police

Managers and HR professionals. - Analyses legal issues, themes and any emerging trends.

3. Customer Service Handles confidential and sensitive information in an appropriate manner, consistent with good

practice, Police policy and legislation. Maintains a current knowledge of employment law and employment relations practices and

ensures that knowledge is up to date.

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Adjusts workloads and approach to reflect priorities. Communicates in a timely and appropriate fashion. Reacts appropriately to operational information and make decisions in the absence of direct supervision. Works closely with the wider People Group, and associated workgroups including Safer People, People

Operations, People Strategy, Recruitment, Integrity and Conduct, and Legal Section, and special projects.

4. General Management Manages cases and projects assigned by the Manager – Legal, Employment Identifies and manages dispute resolution and employment relations related projects Acts as a source of specialist information and advice in relation to employment relationships and

employment relationship problems Contributes to meeting Police obligations under the Treaty of Waitangi | te Tiriti o Waitangi. Ensures employment legal services are delivered promptly, impartially and safely Contributes to the planning and co-ordination of the work of the wider People Group

5. Team Leadership & Management Co-operates and works effectively with colleagues and other staff in order to achieve team goals and standards. Facilitates the timely flow of current and accurate information between both district and national staff Coaches and develops others in area of expertise Takes a constructive approach to team efforts and supports other team members Demonstrates flexibility in responding to work requirements including availability to work non-

standard hours when required Regularly briefs other team members on matters of interest to the team Displays behaviour which contributes to a constructive culture including behavioural alignment to

the Police's integrity, ethics and values. This includes: - Those covered in the Code of Conduct - Supporting and recognising equal opportunities - Supporting and recognising New Zealand Police’s obligations under the Treaty of Waitangi|

te Tiriti o Waitangi, including Māori Responsiveness.

6. Relationship Management Ensures that all advice and support provided is of a very high quality Develops key internal relationships to effectively support decision making and to encourage robust

decision making and provide appropriate legal advice Ensures clear boundaries are established between providing legal advice and taking responsibility for

decision making Establishes and maintains appropriate external working relationships with other roles impacting on their position Develops networks outside the Police to facilitate the effective resolution of employment relationship

problems and achieve best results for Police as a whole

7. Universal Responsibilities All employees of New Zealand Police are expected to:

Adhere to New Zealand Police standards of integrity and conduct. Comply with legislative and statutory requirements within area of expertise, including employment and privacy

legislation. Model the New Zealand Police Values – Professionalism, Respect, Integrity, Commitment to Māori and The

Treaty, Empathy and Valuing Diversity. Respect diversity and demonstrate inclusiveness. Understand the hazards in their work area and eliminate or minimise the associated risk. Report all accidents, incidents and near misses in MyPolice in a timely fashion. Actively participate in Wellness and Safety initiatives and training.

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Perform other duties and participate in projects as required.

Key Relationships (who you’ll be working with)

The Senior Legal Advisor - Employment can expect to build and maintain effective relationships with:

Internal • New Zealand Police Executive, District Commanders, Directors, Managers, Royal New Zealand Police College

• Legal Services, Police Professional Conduct, People Group (Safer People, People Operations, People Strategy, Recruitment, including ER Advisors, HR Managers and Advisors)

External • State Services Commission • Leadership Development Centre • Service Organisation delegates, field officers and organiser • Staff and members of the Employment Relations Service including the Mediation

Service and Employment Relations Authority

Position Specific Competencies (how you’ll deliver results)

To be successful in this role, the Senior Legal Advisor - Employment will:

Deliver high standards of service to all stakeholders in a professional manner. Effectively communicate with our people, partners and community. Use critical thinking and problem-solving skills to make sound decisions and judgement. Manage time, priorities and responsibilities for self and others. Influence and engage teams, partners and community. Solve problems and lead sound decision making under pressure. Know our key responsibilities under our employment agreements, the Health and Safety at Work Act and our

people focused policies. Know how to proactively manage or escalate identified risks.

Additional information: (what you need to know)

Required Qualifications Hold an LLB and a current practising certificate (or be eligible to obtain a current practising certificate)

Pre-Employment Checks

Not a children’s worker, standard vetting required. Drug and alcohol testing, as required, according to guidelines. No National Security Clearance is required to be obtained and maintained.

Work Environment Flexibility options: Flexible work options available. Travel requirements: Some travel is required to attend mediations and disciplinary meetings.

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POSITION DESCRIPTION Tūranga | Position title: Rōia o te Karauna | Crown Counsel

Department: Legal

Reports to: Legal Team Manager

Document Date: 3 June 2021

Te Tari Ture o te Karauna | Crown Law Overview

Crown Law’s purpose is to serve New Zealand by supporting the Government to operate lawfully.

Crown Law’s functions are:

 Supporting the Law Officers of the Crown

 Leading the government legal profession

 Overseeing public prosecutions

 Providing legal services to Government

Crown Law provides legal advice and representation services to the Government in matters affecting the executive government. The services Crown Law provides include matters covering judicial review of government actions, constitutional questions including Te Tiriti o Waitangi/Treaty of Waitangi issues, the enforcement of criminal law, and the protection of revenue. Crown Law also administers the prosecution process in the criminal justice system, in particular, Crown prosecutions.

A Tātou Tikanga Mahi | Our Crown Law Values

Crown Law team members strive to demonstrate the following Crown Law Values in our interactions with each other, our clients and in all we do.

 We look after the mana of other people

 We value our differences

 We care about each other

 We recognise our impact on others

 We take pride in all we do

We strive to incorporate and reflect te reo Māori and tikanga in the workplace. Crown Law is also committed to flexibility and provides a range of flexible working arrangements that allow our team members to work in ways that allow them and the organisation to perform at their best.

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Kōrero Whakataki mō ngā Ratonga Tūmatanui | Public Service Introduction

Mahi tōpū ai ngā Kaimahi Tūmatanui e whai tikanga ai te noho a ngā tāngata o Aotearoa. Hei tā te Public Service Act 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 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.  We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi and 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.

Mō te Tūranga | About the Role

The role of Crown Counsel is to provide high quality advice and representation to the Crown including Ministers and government departments. Crown Counsel are also involved in providing legal input on whole of government policy initiatives or other policy initiatives.

Ngā Haepapa Matua | Key Responsibilities

The following are key responsibilities for a Crown Counsel, however, some responsibilities may vary between teams.

Legal Services • Conducts litigation and represents clients in tribunals, courts, and alternative dispute resolution

fora. This may include managing files with more junior counsel, or working with Senior Crown Counsel, Deputy Solicitors-General, the Solicitor-General, external counsel on matters.

• Provides and oversees the provision of high-quality input and advice from a legal perspective into whole of government policy development or policy initiatives in areas of expertise.

• Understands the client’s business, the operational context and imperatives in which they work to provide and oversee the provision of high quality and client-focused advice to Ministers and government departments, particularly where that advice is complex or significant.

• Has full responsibility for the financial management of files and complies with Crown Law administration requirements including completing timesheets and billing in a timely manner.

Professional Leadership • Provides professional leadership in counsel’s area(s) of expertise.

• Collaborates and effectively delegates work to more junior counsel and support staff to ensure work is done in a timely manner and at the right level. This includes ensuring appropriate instructions and information is provided and the work is effectively supervised.

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• Assists in building Crown Law’s professional capacity and ongoing development by assisting with the development of other staff including coaching, mentoring and developing junior counsel.

Relationship Management • Develops and maintains strong relationships across Crown Law.

• Is dedicated to meeting the expectations and requirements of, and develops and maintains strong relationships with clients, colleagues from other agencies to gain their trust and respect.

• Is an active participant of the Government Legal Network and builds and establishes relationships across the Government Legal Network and other relevant stakeholders.

Health and Safety • Comply with all reasonable instructions regarding wellbeing, health and safety policies and

processes and also the Health and Safety at Work Act 2015.

• Take reasonable care to ensure that, in the performance of your employment, you do not undermine your own wellbeing, health and safety or that of any other person.

• Work in a safe and responsible manner, ensuring incidents, accidents, hazards or near misses are promptly reported.

General

• Any other reasonable requests by your manager.

Ngā Hononga Matua | Key Working Relationships

Internal • The Solicitor-General

• The Deputy Solicitors-General, the Deputy Chief Executive Strategy and Corporate, and Deputy Chief Executive System Leadership

• The Public Prosecutions Unit (Criminal Group).

• Staff across Crown Law

External • The Attorney-General’s Office

• Members of the Judiciary and their staff

• Justice sector and other government sector agencies relevant to the Team’s work

• The Crown Solicitor Network

• The Government Legal Network

• External counsel

Tohu, Pūkenga me Ngā Wheako | Qualifications, Skills and Experience

Qualifications and experience required • Bachelor of Laws (or equivalent)

• Admission in New Zealand as a barrister and solicitor

• Eligibility to hold a current practicing certificate issued by the New Zealand Law Society

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• Proven experience in providing legal advice and representation to clients

• May be required to obtain and hold a New Zealand Government Top Secret security clearance. Appointment to the role may be subject to obtaining and maintaining appropriate security clearance.

Ōu Āhuatanga Ake | Personal Attributes

Crown Counsel will have:

• Legal Analysis and Advice: Must have excellent legal analysis skills and be able to provide tailored, practical and technically correct advice, working collaboratively with relevant stakeholders.

• Advocacy: Must be able to present conclusions of fact and legal argument clearly and persuasively in court and alternative dispute resolution fora.

• Strategic skills: Must be future orientated and open-minded and have a willingness to contribute to the ongoing development of Crown Law’s strategic direction.

• Understanding of Government: Must have or be able to quickly develop a strong understanding of how the public sector works, including the expectations of Ministers and Chief Executive. Demonstrates (or is able to develop) political nous and navigates diverse, sensitive and complex political situations effectively.

• Collaboration: Can quickly find common ground, taking into account and balancing the interests of other groups, to solve problems. Encourages collaboration.

• Courage: Must be able to be counted on to step up in difficult times and to deliver unwelcome and difficult messages to stakeholders and stand their ground where necessary. Able to anticipate conflicts and seek to resolve them equitably and calmly, escalating issues to senior counsel as appropriate.

• Energy and Drive: Must be determined to maintain momentum and improvement, despite setbacks or resistance. Must be adaptable and open-minded.

• Personal and Interpersonal Skills: Must have highly developed personal and interpersonal skills. Must be able to work constructively with a wide range of people, and effectively gain staff, Ministers’ and other stakeholders’ trust and respect. Must be able to motivate others to do their best.

• Honour and Integrity: Be a role model of Crown Law policies and values including the ‘Crown Law Vaules’. Adhere to the New Zealand Public Service Standards of Integrity and Conduct at all times and model the Standards within the Office.

Date approved June 2021

Review /Content updated date May 2025 (Updated Zone movement details)

Document owner Human Resources

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Crown Counsel Zone Descriptors

The Crown Counsel zone descriptors below provide general guidance on the factors that are considered when considering zone placement for counsel and can be used to inform individual work and development priorities in performance plans. There will be variances between groups as to the type of work conducted and the emphasis or weight given to the different skills and experience which is required for each group. The level of responsibility and accountability increases as counsel move up to the next zone – as does the complexity and/or the political sensitivity of the matters that counsel become responsible for. There is an acknowledgement that counsel will often be already conducting aspects of work, taking responsibility for matters and conducting themselves in a manner commensurate to counsel at the next level up, however, any movement through the zones will be assessed individually on merit and in accordance with Crown Law’s policy on Crown Counsel zone movements. If any changes to the position description and the zone descriptors become necessary to take account of changes in Crown Law’s operational requirements, these will be discussed with counsel prior to implementation.

Crown Counsel – Zone 1 Crown Counsel – Zone 2 Crown Counsel – Zone 3

All responsibilities of a Crown Counsel, zone 1; plus all or most of the following:

All responsibilities of a Crown Counsel, zones 1 & 2; plus all or most of the following:

Legal Services

 Has full responsibility for assigned files and the conduct of litigation, including finalising and signing out advice and submissions with minimum or no supervision.

 Manages own matters, escalating issues appropriately to more senior counsel as required.

 Provides experienced litigation support to more senior counsel on complex matters and often takes primary responsibility for discrete aspects of the litigation which could include conduct as sole or lead counsel in the High Court or High Court appeals; and for criminal matters, appeals in the Court of Appeal (other than those involving evidence, questions of law, homicide matters, Crown appeals or other difficult issues).

 May be lead counsel for general legal advice and legal advice on such things as the development of

Legal Services

 Has full responsibility for files across a range of the office’s work, taking files to completion with minimal or no supervision and instruction.

 Has full responsibility for the conduct of litigation. For CLR and A-Gs Group, the full range of the Group’s civil cases. For the Criminal Group, conduct as sole or lead counsel for the full range of High Court appeals and all types of appeals in the Court of Appeal (except those involving complex questions of law or having other precedential significance) and non-complex homicide and extradition matters.

 Has specialist knowledge and expertise in public/administrative law and/or criminal law. Focuses on the more complicated and important aspects of the office’s work where their experience is required.

Legal Services

 Provides strategic advice on and responsible for the full range of advice work across the team/the Office, including advice to Ministers and senior government officials.

 Has full responsibility for the conduct of litigation for more difficult and complex files, including cases of national significance and/or reputation/constitutional/fiscal risk; and for the Criminal Group, has responsibility as sole or lead counsel for the full range of Court of Appeal matters (including homicide matters) involving complex questions of law or having other precedential significance.

 May appear as lead counsel in the Supreme Court as required.

 Has extensive strategic, legal and analytical skills gained through deep and broad experience.

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Crown Counsel – Zone 1 Crown Counsel – Zone 2 Crown Counsel – Zone 3

whole of government policy development or initiatives; and policy and legislative proposals for the relevant government agency or ministry. For criminal matters, this includes providing second opinions on Law Officer matters which are not novel or contentious. Peer review should be conducted by more senior counsel where complexity or risk warrants.

 Provides peer review of other counsel’s opinions.  Plans and organises self to deliver work

commitments to required timeframes and quality standards while being mindful of the wider impact this may have on the work of others.

 Provides and oversees the provision of advice to clients on complex and/or sensitive legal matters with peer review by more senior counsel depending on the complexity of the matter. For criminal matters, this includes providing second opinions on the full range of Law Officer matters.

 Manages and delivers on work priorities and is purposeful about where to invest time.

 May lead legal and across-office projects.  Deliberate in managing time and work priorities to

make the greatest contribution to the delivery of Office’s work.

Professional leadership

 Builds broad experience in range of public law areas and may build expertise in specific areas of law such as criminal law.

 Communicates clearly with different audiences. Able to persuade others and present clear and convincing rationale for advice and opinion.

 Acts decisively when required, even when information is conflicting and incomplete.

 Collaborates and effectively delegates work to more junior counsel and acts as a coach or mentor to junior staff, irrespective of whether they are working on the matter in question themselves.  Actively participates and contributes to the

Government Legal Network including participation on committees.

Professional Leadership

 Provides professional leadership and shares knowledge internally, proactively taking the initiative to upskill others and constructively provides support based on their level of experience.

 Demonstrates willingness and ability to lead engagement with the Government Legal Network on specialist Crown Law subject matters.

 Communicates with impact and able to persuade and inspire others across the Office.

 Makes hard and unpopular decisions when required and takes the lead on contentious issues.  Coaches and mentors junior staff to enhance

capabilities required in their roles and supports them to participate in relevant development activities.

Professional Leadership

 Thinks strategically and contributes to the ongoing development of Crown Law’s strategic direction.

 Demonstrates willingness to actively engage and collaborates with the System Leadership team on matters concerning the Government Legal Network.

 Provides professional leadership and proactively mentors and trains others.

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Crown Counsel – Zone 1 Crown Counsel – Zone 2 Crown Counsel – Zone 3

Relationship management

 Demonstrates understanding of the ‘Trusted Advisor’ concept, shown through the development and maintenance of strong relationships across the organisation and with clients.

 Has significant responsibility for client relationship management and may act as client relationship manager as required under the supervision of Legal Team Manager or senior counsel.

 Displays an understanding of how government and the public sector works and has awareness of relevant political sensitivities.

 Works collaboratively with others across the Office and interacts effectively with external stakeholders.

Relationship Management

 Acts as a Trusted Advisor. Demonstrates political nous and navigates diverse, sensitive and complex political situations effectively.

 Acts as Relationship Manager as required.  Builds internal relationships by working

collaboratively with others in the organisation and taking an organisation-wide view.

Relationship Management

 Acts as and is respected by external colleagues and political representatives as a Trusted Advisor.

 Able to challenge legal policies or a client’s approach, as a Trusted Advisor.

 Attracts the trust and respect of clients at the highest level.

 Takes responsibility for liaising with Ministers and senior officials on matters of strategic importance.