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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

Reports to Principal Legal Counsel

Location Auckland

Department Legal

Direct Reports Nil Total FTE 1

Budget Size Opex N/A Capex N/A

Delegated Authority

HR N/A Finance N/A

Date February 2025

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hanaungatanga – 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 provide high quality and pragmatic commercial legal

advice and solutions to Health NZ.

Key Result Area Expected Outcomes / Performance Indicators

Legal Advice & Litigation Support

• Provide high quality and pragmatic legal advice and solutions to support staff and leadership on commercial legal matters.

• Drafting, reviewing, and advising on all manner of commercial contracts, agreements, MOUs, and similar documentation.

• Supporting staff and attending contract negotiations and other engagements with commercial vendors and their lawyers, NGO providers, Government agencies, and other organisations and groups. Advise and assist with contract disputes as needed.

• Working with key internal and external stakeholders on significant Health New Zealand projects.

• Reviewing and assisting with policy and procedures.

• Advise on OIA and privacy matters.

• Providing training to staff on commercial legal matters.

• Managing external legal service providers as required and appropriate to support the work of the team.

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.

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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 Hauora Māori Service 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.

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.

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

Matters which must be referred to the Principal Legal Counsel

• Instructing external legal counsel.

• All matters of potential risk (including media risk) to the organisation.

• Those matters requiring briefings to district, regional or national leadership.

Relationships

External Internal

• External legal Providers

• Ministry of Health

• Other government departments and crown entities

• Regulatory agencies

• Wider Health New Zealand legal team

• Professional advisors and leaders

• Management and business leaders

• Multidisciplinary and medical staff

• Other relevant staff, departments and services

About you – to succeed in this role

You will have Essential:

• Experience in implementing Te Tiriti o Waitangi in action.

• A tertiary qualification in Law.

• Qualified and eligible to hold a practising certificate as a Barrister and Solicitor of the High Court of New Zealand.

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• At least eight years post qualification experience, ideally with some experience in an in-house legal environment.

• Commercial legal experience across a range of areas, including contract law, public sector procurement, and litigation experience.

• Strong written and verbal communication skills.

• Able to create robust working relationships with diverse clients and stakeholders.

• Able to provide solution-oriented, timely, clear and high quality legal advice and support to the organisation

• Able to contribute to a team and great sense of humour.

Desired:

• Experience with IT law, data/cyber security, health and safety, and privacy.

• Understanding and appreciation of public healthcare services, ideally in New Zealand.

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.

• 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

POSITION: Ringa Rehe Ture | Senior Solicitor

LOCATION: Te Ohu Kaimoana, Level 4 The Woolstore Professional Centre, 158

The Terrace, Wellington 6011

REPORTS TO: Kūrae Ture | General Counsel

DIRECT REPORTS: None

RELATIONSHIPS: Internal:

Board of Directors

Te Ohu Kaimoana Senior Managers and Staff,

Directors and Senior Executives of Moana New

Zealand, Sealord Group Limited, Te Pūtea

Whakatupu Trust and Te Wāi Maori Trust

External:

Iwi and other Māori groups/interests

CEOs and key personnel of fishing industry entities

Advisors to Te Ohu Kaimoana and its trust entities.

Ministers of the Crown, Members of Parliament,

CEOs and senior executives within the public sector

NGO Leaders

PRIMARY OBJECTIVES AND PURPOSE OF THE POSITION

The primary role of the Ringa Rehe Ture | Senior Solicitor is to collaborate closely with the Kūrae Ture |

General Counsel in the development of comprehensive legal guidance for Te Ohu Kaimoana and its

associated Trusts. This guidance serves to inform both Iwi and a broader spectrum of stakeholders

regarding their roles and activities.

In the context of the larger Te Ohu Kaimoana legal team, this position assumes responsibility for taking

the lead on specific facets of legal analysis related to Te Ohu Kaimoana's evaluation of Government

fisheries policies, in conjunction with Treaty considerations. Furthermore, the Senior Solicitor plays a

pivotal role in crafting appropriate legal strategies in response to these policies. Additionally, this position

carries the important duty of mentoring Solicitors within the team, nurturing their professional growth

and knowledge in the field of law.

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Moreover, the Senior Solicitor may offer specialized legal services tailored to the needs of Iwi engaged in

matters concerning fisheries, demonstrating a commitment to addressing the unique legal challenges

faced by these communities.

KEY ACCOUNTABILITIES AND RESPONSIBILITIES OF THE POSITION 1. STRATEGIC

a. Be a trusted advisor to Te Ohu Kaimoana, MIOs and Iwi, as well as to government, industry and other identified stakeholders as required

b. Provide expert legal advice in conjunction with the Kūrae Ture to both Te Ohu Kaimoana and MIOs, ensuring that any legal support, advice and/or and litigation protects and enhances Māori Fisheries and Aquaculture rights.

c. Assist the Kūrae Ture in the Deed of Settlement and Treaty of Waitangi enquiries and its impact on all relevant Legislation.

d. Assist the Kūrae Ture with external relationship management. e. Innovative wānanga with the, Kūrae Ture , the CEO and the Senior Leadership Team and/or

with iwi with regard to service development and improvement

2. OPERATIONAL a. Provide end to end legal advice for Te Ohu Kaimoana and the wider Te Ohu Kahui b. Provide guidance and assistance to the to the Senior Leadership Team under the

guidance of General Counsel c. Assist the Trusts to have influence with relevant stakeholders (e.g., Government,

industry, MIOs, Iwi and other treaty settlement stakeholders) through providing sound legal advice.

d. Facilitate with staff to ensure relevant stakeholder complaints, feedback and issues are acted on and resolved.

e. Provide oversight of technical work coming out of the legal team f. Proactively identify issues and raise with appropriate personnel g. Actively contribute to Board papers h. Lead priority work programme pieces i. Provide training to Te Ohu Kaimoana staff as requested. j. All other reasonable requests as directed.

3. OENTORING, LEADERSHIP & DEVELOPMENTPERATIONAL

a. Provide peer review and support for colleagues. b. Ensure knowledge and expertise is shared with team members in the legal team.

4. FINANCIAL

a. Nil

5. HEALTH, SAFETY & WELLNESS a. Commit to maintaining a strong safety culture where all are accountable to ensure

the workplace is a safe environment for everyone in it. b. Where appropriate, taking responsibility for workplace hazards/risks you identify and

communicated to management. c. When, and if, necessary, participate in the investigation of accidents/incidents

according to Te Ohu Kaimoana procedures. d. Actively supporting health, safety or wellness initiatives. e. Maintaining a clean and tidy workspace. f. Manage the health and wellbeing of yourself by ensuring all annual holidays are taken

within 12 months of the leave entitlement.

6. CULTURAL & RELATIONSHIPS a. Adhere to all Te Ohu Kaimoana policies and procedures. b. Collaborate effectively by contributing to the success of Te Ohu Kaimoana, Te Wai

Māori Trust and Te Pūtea Whakatupu Trust; treating others in line with our organisational values; working effectively with everyone for the mutual benefit of Te Ohu Kaimoana.

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c. Maintain and develop effective relationships with stakeholder groups to ensure that the advice, support and solutions provided is relevant, pragmatic and consistent with te Ao Māori practice.

d. Continuously seek opportunities to learn and enhance cultural competence, staying informed about current issues and perspectives relevant to Māori communities.

e. Show deep respect for Māori culture, values, and traditions in all interactions and decision-making processes, while fostering a culturally safe and inclusive environment.

f. Uphold and promote Māori protocols, practices, and customs in all aspects of work, ensuring alignment with Kaupapa Māori principles.

g. Pro-actively share information & knowledge across the wider Te Ohu Kaimoana team ensuring that all teams are aligned and equipped to provide quality and consistent service.

h. Proactively look for opportunities to improve the operations of Te Ohu Kaimoana, Te Wai Māori Trust and Te Pūtea Whakatupu Trust.

SKILLS / KNOWLEDGE / EXPERIENCE

This section is designed to capture the expertise required for the role at the 100% fully effective level (this

does not necessarily reflect what the current jobholder has). This may be a combination of knowledge /

experience, qualifications or equivalent level of learning through experience or key skills, attributes or job

specific competencies.

QUALIFICATIONS (OR EQUIVALENT LEVEL OF LEARNING)

Essential Desired

 Tertiary Qualification in Laws

 A current NZ drivers licence (Class 1F)

 At least five years practising within the

legal sector

KNOWLEDGE/EXPERIENCE

Essential Desired

 Knowledge of legal frameworks and

drafting advice.

 Proven experience delivering high quality

legal advice.

 Excellent written communication skills.

 Experience working with Māori and/or

public-sector organisations.

 Sound relationship management

experience delivering outcome for

stakeholders.

 Good knowledge of machinery of

government and their processes.

 Good knowledge and/or a proven

dedication to improving of Te Reo and

Tikanga (proficiency not required).

 Litigation experience within natural

resources and/or environmental

sectors.

 Knowledge of Maori Fisheries Act

(2004) and history of the Fisheries

settlement

 Knowledge of machinery of

government and their processes.

 Proven experience results in pressured

environments.

 Knowledge of project management

methodologies would be an

advantage

 Demonstrated understanding of the

changing environment of Māori/iwi

and the impact this has on

organisational capability

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 Proven ability to work with Māori

organisations and/or Iwi groups.

 .Proficient and competent with Microsoft

Office and Adobe suite products.

PERSONAL ATTIRBUTES

The Ringa Rehe Ture | Senior Solicitor is required to have the following attributes:

 Developed communication skills, both written and oral.

 Ability to work in a small organisation within a dynamic role in an effective and efficient manner

 Proven integrity and confidentiality

 Enjoys challenges and is self-motivated to achieve results in a timely fashion

 Works in a collegial and professional manner

 Commitment to self-development.

 Accurate with high attention to detail.

 Willingness to travel to fulfill the requirements of the role

CORE BEHAVIOURS OF THE ROLE

Demonstrated by:

Develops/Formulates

Effective Solutions

Effectively defines and analyses problems, research multiple solutions; is

resourceful when faced with new challenges; demonstrates tenacity in

solving problems; approaches problems creatively and offers appropriate

solutions; is able to resolve problems in a positive, effective and timely

manner.

Makes Decisions

Effectively and

Decisively

Seeks out all relevant information in an effort to make effective decisions;

makes sound decisions based upon a mixture of analysis, wisdom,

experience, puku power (intuition) and judgment; recognises trade-offs; is

able to negotiate and find a balance between the needs and views of many

stakeholders; is decisive and takes action; is sought out by others for

advice and solutions; consults with others affected by a proposed action

prior to making a decision; uses resources wisely.

Focuses on Iwi Actively seeks to understand iwi expectations, both individually and

collectively, and clearly articulates the services that Te Ohu Kaimoana is

positioned to deliver; understands iwi needs; develops effective

relationships; actively seeks practical solutions to address iwi concerns;

is open and responsive to iwi feedback; demonstrates the ability to

manage iwi expectations; thinks about the impact on wider iwi during

decision making; adapts to the changing needs of iwi.

Drives Innovation

and Change and

Demonstrates

Is open to, and encourages change; recognises when change is necessary

to work more effectively; demonstrates an ability to create a plan for

change and/or participate in a plan for change; is open to learning new

skills, knowledge and behaviours; is comfortable with uncertainty and

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Adaptability and

Flexibility

ambiguity; fosters a culture that encourages prudent risk taking; is

innovative in applying ideas to meet new challenges; demonstrates

creative thinking and originality; looks forward to new opportunity and

challenges; demonstrates the ability to move with Te Ohu Kaimoana in

the face of change.

Applies Analytical

Lense

Is committed to using a logical reasoning process to break down and

work through a situation or problem to arrive at an outcome. Uses

techniques of advanced business and organisational analysis to identify

and assess problem definitions and potential solutions, and compares

and contrasts them against predetermined criteria; probes for, and

points to, subtle and unclear relationships in highly complex matters and

evaluates the merit of problem definitions and potential solutions;

anticipates the possible outcome of potential solutions; systemically

identifies and resolves complex issues, while educating iwi as to their

solution

CHANGES TO JOB DESCRIPTION From time to time it may be necessary to consider changes in the job description in response to the

changing nature of our work environment– including technological requirements or statutory changes.

This Job Description may be reviewed as part of the preparation for performance planning for the annual

performance cycle or as required.

Position Description – ACC Resolution Practitioner

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Position Description

Job title: ACC Resolution Practitioner

Date: May 2024

Group: Operations

Location: Auckland, Wellington, or Christchurch

Reports to: Operations Manager ACC Services

Position Purpose

The Resolution Practitioner has primary accountability to fulfil the obligations of the Accident

Compensation Act 2001. They are responsible for providing a range of high quality, efficient and timely

dispute resolution services, including (but not limited to) facilitation, mediation, conciliation and

adjudication, to a diverse group of customers. The role will deliver services through a mix of digital and

in person options.

The outcomes sought are:

• Resolution of disputes in a way that preserves the mana of all participants and does so in an effective, efficient and timely way.

• Deliver a service in a culturally appropriate way.

• To enhance Fair Way’s reputation as the leading provider of ACC Review Decisions and ADR (Alternative Dispute Resolution) services New Zealand wide.

• To achieve key performance indicators at a personal, team and company level.

These activities and outcomes will be achieved through being a highly experienced and competent

Resolution Practitioner, focused on providing exceptional customer experience and contributing to

maintaining Fair Way’s profile as a leader in the delivery of dispute resolution services.

Position Dimensions

Budget n/a

Staff No direct staff responsibilities

Internal

relationships

• Senior Management team members

• Operations Manager ACC Services

• Senior Resolution Practitioners, Resolution Practitioners and

Resolution Coordinators.

• All other Fair Way staff members

External

relationships

• External stakeholders

• Parties to the review

Position Description – ACC Resolution Practitioner

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Position Responsibilities

• Analyse detailed medico legal documentation and/or communications to determine either the

validity of ACC decisions or to bring about resolution opportunities for cases.

• Conduct case conferences to determine issues, define the legal test and communicate complex

medico legal concepts to ensure participant understanding. Conduct hearings and/or

conciliations between the parties in accordance with the principles of natural justice, adopting

an investigative approach that is informal, timely and practical. Comply with relevant law and

exercise due diligence in decision making.

• Be the primary ‘face’ of Fair Way in customer interactions, maintaining a safe environment that

ensures customers feel heard through the process and are treated in a mana preserving way.

• Proactive Case Management - Liaise and work closely with all other Fair Way staff taking a

lead role in problem solving to ensure smooth and seamless transition of cases/disputes

through to early resolution, settlement, hearing or withdrawal of the dispute/case.

• Demonstrate and maintain technical competence across adjudication and ADR, as well as up

to date knowledge of relevant legislation and case law.

• Identify, build and maintain professional relationships to deliver client services.

• Maintain an open and non-judgmental attitude that supports our duty to act independently.

• Actively seek to meet and respect the specific cultural needs of all clients, so that our service

contributes to successful resolution for parties.

• Develop strong and positive working relationships with key stakeholders to ensure that service

delivery meets the needs of participants.

• Contribute to the design, development and updating of Fair Way’s Service Delivery processes

and policies to ensure they meet evolving needs of customers and the community.

• Support people in achieving outstanding results and making the greatest contribution they can.

• Focus on developing skills through mentoring and ownership of career development.

• Identify opportunities for new business as part of the delivery of ADR services with existing

clients.

• Manage the Health and Safety risks associated with meeting parties in resolution.

• Actively participate in Health and Safety in all work-related activities, including keeping up to

date with any policy or procedure or important safety messages and practices

Technical capability and experience requirements

• Tertiary qualification in Law.

• ADR experience preferred.

• A general working knowledge of Te Tiriti o Waitangi is preferred, as is the ability to work in

situations where tikanga protocols are desired by the customer.

• Ability to maintain the ‘ACC Warrant’ through ongoing professional development, applicable

case law review and acceptable quality assessment performance.

Position Description – ACC Resolution Practitioner

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• Be able to manage/prioritise a full caseload of reviews and/or conciliations of varying

complexities, wide ranging issues, together with being cognisant of the vulnerabilities, needs

and demeanour of customers.

• Ability to understand complex technical legal and medical issues and/or arguments and be able

to explain these to customers in plain English.

• Experience in conducting mediations and accredited and approved to practice by a recognised

authority or in a workplace learning programme to develop the experience.

• Understanding of dispute resolution, particularly negotiation and facilitation and competence in

problem solving and gaining agreements that are enforceable.

• Understand the principles of the Privacy and Official Information Acts and the ability to

understand, interpret and apply the law to identify issues, analyse and make robust decisions

with experience in conducting quasi-judicial hearings.

• Ability to follow broad practice and procedure covered by precedents and policies and subject

to managerial direction, working autonomously within clearly defined company policies,

principles and objectives.

• Member of the Arbitrators’ and Mediators Institute of New Zealand (or equivalent professional

qualification) or able to demonstrate in a programme of learning for professional qualifications.

Behavioural requirements

• Has a high level of personal resilience to be able to manage the complexities, both technical

and people related, of providing a variety of dispute resolution services ranging from voice only

interaction through to in-person hearings.

• Take up opportunities to use the available tools/services/meetings to help you (and team

members) appropriately debrief, learn, or consider different perspectives relating to difficult

situations or cases. Proactively engage in these activities to support and improve practice, and

to enhance practitioner well-being.

• Demonstrates effective communication, judgement, intelligence, common sense, integrity,

empathy, resilience and adaptability to manage interactions with sometimes highly stressed

and vulnerable parties.

• An ability to be decisive and to work independently.

• Takes accountability and ownership – does not hide behind others or blame others for

undesirable outcomes.

• Values the inputs of others, has empathy of other cultures and viewpoints.