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.