Position Description

What is the purpose of this position?

Te whainga poto o tēnei tūranga

MPI’s Solicitors and Senior Solicitors are responsible for providing high quality, timely and practical legal advice to staff throughout MPI. They may handle a complex and demanding workload with a high degree of autonomy, with the supervision and assistance of more senior colleagues as appropriate. This may include effectively translating strategy and policy into legislation, interpretating legislation to deliver robust legal opinions and advice, representing MPI in the District Court and/or drafting and managing of commercial contracting arrangements.

The work of a Solicitor/Senior Solicitor (Commercial) focuses on contracts, funding agreements and other commercial arrangements, but sometimes extends to work on public law issues, compliance with corporate obligations and legislation.

What do Solicitors/Senior Solicitors (Commercial) do?

Ngā kawenga mahi

Prepare and present well researched, contextualised and high-quality legal advice on operational/policy/corporate matters and legislation.

Draft and review funding agreements, contracts reflecting other commercial arrangements and tender documents.

Advise on whether contractual and funding proposals are compliant with government procurement rules and rule of law principles.

Build and maintain relationships with clients, Crown Law Office, external legal providers and other government departments and organisations.

Provide legal advice that identifies and provides options for managing legal risk and work in a way that supports business partnerships with branches and directorates.

Provide advice and act as instructing solicitor in litigation involving the Ministry.

Contribute to the maintenance of accurate and up to date internal information management systems (e.g. contingent liability register, precedent filing system, wiki, reporting).

While solicitors/senior solicitors are employed by the Ministry, they will be required to obtain practising certificates, and to comply not only with their obligations as public servants, but also their professional obligations as officers of the Court, and obligations under the Lawyers and Conveyancers Act 2006, and the relevant Rules of Conduct and Client care.

Additional Responsibilities for Senior Solicitors

Subject to the team they are part of Senior Solicitors are expected to undertake a number of additional responsibilities that represent minimum expectations for seniors.

These expectations must be substantially met in the judgement of the Legal Services management team for someone to be considered for progression to Senior Solicitor. This does not mean staff who are not Senior Solicitors are excluded from undertaking any of these responsibilities.

The additional responsibilities expected at Senior Solicitor level are:

1. Provide legal advice to senior managers within the Ministry, taking the Ministry’s broader strategy into account (including, where appropriate, whole of government issues).

1. Provide leadership and direction on commercial and contractual matters. This includes providing advice on the management of legal risks and on commercial legal opportunities that may arise as contracts are developed and negotiated.

1. Provide leadership and direction on operational matters. This includes advice on management of legal risks and on opportunities for operational improvements.
2. Contribute to the planning and management of legal resources, including involvement in the development of business plans as appropriate.

1. Identify improvement opportunities in area of practice and ensure operating procedures are based on best practice.

1. Establish and build strong working relationships at all levels of the Ministry.

1. Lead projects which include team members and others throughout the Ministry as required.

1. Provide leadership, mentoring and coaching within Legal Services.

1. Assist managers with identifying mentoring, training and development needs for the team within the designated areas of expertise, skill or knowledge and work with the manager to see these needs are met.

1. Assist managers to proactively establish, maintain and monitor effective quality assurance mechanisms within the designated areas of expertise, skill or knowledge.
   
2. Retain and instruct external counsel as required, while thinking strategically about the Ministry’s litigation objectives.

General (Solicitors and Senior Solicitors)

Ngā korero Whānui

Respond to the changing needs of the Ministry, performing other tasks as reasonably required.

Participate in responses (using the New Zealand Coordinated Incident Management System) if required and support others to participate in response as required.

Maintain a strict sense of professional ethics, maintain confidentiality and privacy, and abide by the Ministry’s Code of Conduct.

Work in a safe way and take reasonable care to ensure that you do not adversely affect that health or safety of yourself or others.

Understand the risks involved with your work and the controls in place to manage these risks.

Participate in Health and Safety training and provide feedback to Health and Safety representatives and/or management on Health Safety and Wellbeing matters as required.

Ensure all incidents including near misses are reported in MPI’s incident reporting system.

This position description is not intended to be an exhaustive list of tasks, but to act as a guide as to the main duties and responsibilities of the position. In particular, commercial lawyers may need to work with colleagues to provide advice on public law issues or assist with the development of legislation. The content of this position description will be subject to regular review in conjunction with the job holder.

Who would you be working with?

Ko wai ō hoa mahi?

Dimensions of the position

Ngā ahuatanga ō tēnei turanga

Delegations of Authority for all positions with a requirement to make decisions on behalf of MPI are detailed in the ‘HR and Finance Delegations’ documentation: HR and Finance Delegations.

FINANCIAL RESPONSIBILITY

PRE-EMPLOYMENT CHECK

SECURITY CLEARANCE

Who are we looking for?

Ko te tangata mo tēnei tūranga?

Capabilities

Ngā taumata mātou

Inquiries Specialist

The Controller and Auditor-General is a constitutional role designed to protect the financial integrity of New Zealand’s system of government. We provide independent assurance to Parliament and the public that public organisations are operating and accounting for their performance as Parliament intended.

Position description

Your responsibilities and objectives

Primary objectives

1. The primary objective of the Inquiries Specialist is to carry out inquiries on behalf of the Auditor-General, under section 18 of the Public Audit Act 2001, and to help with the maintenance of the methodology and processes to support those inquiries.

General responsibilities and objectives

1. The inquiries work of the Office of the Auditor-General (OAG) involves:

• a substantial amount of information gathering (documentary and through interviews) and analysis;
• preparing detailed reports, whether for internal use or publication, to summarise our findings and aid decision-making on the appropriate response;
• consulting with affected parties to check our findings for factual accuracy and balance and to meet natural justice requirements;
• considering complex issues about the balance between legal requirements, good administration and decision-making, practical constraints, and political context, including the role of elected representatives; and
• considering the boundaries of the role of the Auditor-General, as opposed to other public sector accountability mechanisms.

The Inquiries Specialist will be responsible for:

• carrying out inquiries on behalf of the Auditor-General and advising or helping others in carrying out inquiries, audits, and special projects;
• helping to build and maintain constructive working relationships across the OAG, and between the OAG and other state sector and legal professional organisations and individuals;
• carrying out and assisting with extensive interaction with affected parties and parties involved in the inquiry to check findings for factual accuracy and balance, and to meet natural justice requirements;
• assisting with developing and maintaining the OAG’s methodology and processes for inquiries;
• representing the OAG, either as a participant or speaker, at conferences and other appropriate events; and
• providing training for OAG staff on the inquiries methodology and processes.

The value you will bring

Your knowledge and experience:

• Experience working in a multi-disciplinary environment.
• Excellent research and analytical skills.
• High personal integrity and a commitment to public sector ethics and values.
• A good understanding of the parliamentary and public sector environment, the political context of government, and of public and administrative law.
• The ability to identify patterns and trends and to challenge elements that appear out of the ordinary.
• Well-developed relationship management skills, with the ability to interact effectively and confidently with a wide range of individuals at all levels in the public sector, including Ministers, Members of Parliament, mayors, local authority members, chief executives, and internal and external legal and other professional advisers.
• A demonstrated ability to solve problems and make sound judgements.
• Professional scepticism and personal detachment.
• Excellent verbal and written communication skills.
• The ability to work autonomously and manage your own work programme.
• Energy, enthusiasm, and drive to meet time frames and goals.
• The desire to take ownership and continually extend your personal and professional development.

Your qualifications:

• A relevant tertiary qualification in law or similar discipline.

Staff management and relationships

Staff reporting to your position

• There are no staff reporting to this position.

Key competencies

Commitment to te Tiriti o Waitangi

Te Tiriti o Waitangi | The Treaty of Waitangi (the Treaty) is New Zealand’s founding document and part of the nation’s constitutional framework. Our independence means we have a role to play in ensuring that the public sector is delivering on its Treaty obligations. As a statutory body performing a public function, we also need to carry out our work in a way that upholds the Treaty. Our vision is to be seen as trustworthy by both Treaty partners, able to hold public organisations accountable in a way that iwi, hapū, and whānau Māori, as well as Parliament and the wider public, can have confidence in.

To help give effect to our commitment to the Treaty, we are building our capability to develop meaningful relationships with Māori and to focus on matters that make a real difference for iwi, hapū, and whānau Māori.

Health and Safety responsibilities

For yourself:

• Work safely and take responsibility for keeping yourself and colleagues free from harm.
• Report all incidents and hazards promptly.
• Know what to do in an emergency.
• Co-operate in implementing return-to-work plans.
• Be a visible role model at all times.
• Follow the Office’s safety rules and procedures.