π Attorney-General
ⓘCollected from local cache
Raw data from Axiell backend
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[0] => The Attorney-General was the senior law officer of the Crown responsible for the Government's administration of the law.
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Francis Fisher was appointed the first Attorney-General of New Zealand by Governor William Hobson RN, 3 May 1841. The Hon. Frederick Whitaker, M.L.C. was the first Attorney-General appointed at the formation of the first administration of responsible government in New Zealand, 7 May 1856.
[custom2] =>
-
Crown Law Office website, http://www.crownlaw.govt.nz/ (accessed 25 June 2010).
-
The Official Website of the New Zealand Government, www.beehive.govt.nz (accessed 25 June 2010).
-
Crown Law Office Briefing for the Incoming Attorney-General, November 2008, http://www.beehive.govt.nz/sites/all/files/CLO.PDF (25 June 2010).
-
Briefing for the Incoming Attorney-General in Relation to the Functions provided by the Ministry of Justice, November 2008, http://www.beehive.govt.nz/sites/all/files/MOJ.pdf (accessed 25 June 2010).
-
Scholefield, Guy H., New Zealand Parliamentary Record 1840-1949, Government Printer, Wellington, 1950.
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[history] =>
Functions and Responsibilities
The Attorney-General had two roles in Government:
-
as a Minister of the Crown with ministerial responsibility for the Crown Law Office, the Serious Fraud Office, and the Parliamentary Counsel Office;
-
as the senior Law Officer of the Crown with principal responsibility for the Government's administration of the law. This function was exercised in conjunction with the with the Solicitor-General, who was the junior Law Officer.1
Principal Legal Adviser: The Attorney-General was the principal legal adviser to the Government, and in that capacity held similar responsibilities to those of any legal adviser towards a client. The Attorney-General was also a member of the Government and a member of the Cabinet. In Cabinet and Cabinet Committee meetings, the Attorney-General's role included providing legal advice and encouraging Ministerial colleagues to seek appropriate legal advice in the course of Government decision making.2
In practise it was the Solicitor-General who provided legal advice to the Government. However that advice was always subject to the opinion of the Attorney-General, which prevailed in the event of conflict. The Attorney-General also had overall responsibility for the conduct of all legal proceedings involving the Crown and was expected to keep his or her fellow Ministers informed of the initiation, progress and outcome of such proceedings against or by the Government.3
Representation in the Courts: The Attorney-General was the principal plaintiff or defendant on behalf of the Government in the courts (judicial review proceedings generally named the relevant Minister or other decision maker involved). Generally proceedings that involved Ministers and Government departments were handled by the Crown Law Office for the Attorney-General and Governmental interests that were directly affected.4
The Attorney-General was also responsible for representing the public interest on behalf of the general community - thus the Attorney-General intervened in proceedings that affected the public interest.5
Judiciary and Statutory Appointments: The Attorney-General was responsible for the following judicial and Statutory appointments under legislation administered by the Ministry of Justice:
-
Coroners: Coroners were appointed by the Governor-General on the advice of the Attorney-General, after consultation with the Minister of Justice. The Coroners Act 2006 established the Chief Coroner and up to 20 other Coroners.
-
District Court Judges: District Court Judges, including Family and Youth Court Judges, were appointed by the Governor-General on the advice of the Attorney-General as per the District Courts Act 1947.
-
Employment Court Judges: Employment Judges were appointed by the Governor-General on the advice of the Attorney-General pursuant to section 200 of the Employment Relations Act 2000.
-
Environment Court: Environment Judges and Commissioners were appointed by the Governor-General on the recommendation of the Attorney-General, after consultation with the Minister of the Environment and the Minister of Maori Affairs pursuant to section 250 of the Resource Management Act 1991.
-
Judicial Conduct Commissioner: The Commissioner was appointed under section 7 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004. The appointment was made by the Governor-General on the recommendation of the House of Representatives, following consultation by the Attorney-General and the Chief Justice.
-
Legal Aid Review Panel: Members of the Panel were appointed by the Attorney-General under the Legal Services Act 2000.
-
New Zealand Parole Board: Board members were appointed by the Governor-General on the recommendation of the Attorney-General, pursuant to section 111 of the Parole Act 2002.6
-
p.15, Crown Law Office Briefing for the Incoming Attorney-General, November 2008, The Official Website of the New Zealand Government, http://www.beehive.govt.nz/sites/all/files/CLO.PDF (accessed 25 June 2010).
-
ibid, p.16.
-
ibid.
-
ibid.
-
ibid.
-
pp.7-8, Briefing for the Incoming Attorney-General in Relation to the Functions provided by the Ministry of Justice, November 2008, http://www.beehive.govt.nz/sites/all/files/MOJ.pdf (accessed 25 June 2010).
Responsible Ministers :
Francis Fisher 1841
William Swainson 1841-53
Frederick Whitaker 1854-56
William Fox 1856
Frederick Whitaker 1856-61
William Fox 1861
Thomas Ballantyne Gillies 1862
Henry Sewell 1862-63
Frederick Whitaker 1863-64
Henry Sewell 1864-65
The role was in abeyance between 1865 and 1876 when it resumed
Frederick Whitaker 1876-77
Robert Stout 1878-79
Frederick Whitaker 1879-83
Edward Tennyson Connolly 1883-84
Robert Stout 1884-87
Frederick Whitaker 1887-91
Patrick Alphonsus Buckley 1891-95
The role was in abeyance between 1895 and 1903
Albert Pitt 1903-06
John George Findlay 1906-11
Alexander Lawrence Herdman 1912-18
Francis Henry Dillon Bell 1918-26
William Downie Stewart 1926
Francic Joseph Rolleston 1926-28
William Downie Stewart 1928
Thomas Kay Sidey 1928-31
William Downie Stewart 1931-33
George William Forbes 1933-35
Henry Greathead Rex Mason 1935-49
Thomas Clifton Webb 1949-54
John Ross Marshall 1954-57
Henry Greathead Rex Mason 1957-60
Josiah Ralph Hanan 1960-69
John Ross Marshall 1969-71
Daniel Jospeh Riddiford 1971-72
Roy Jack 1972
Allan Martyn Findlay 1972-75
Peter Ian Wilkinson 1975-78
James Kenneth McLay 1978-84
Geoffrey Winston Russell Palmer 1984-89
David Lange 1989-90
Paul East 1990-99
Margaret Wilson 1999-05
David Parker 2005-07
Michael Cullen 2007-08
Chrisopher Finlayson 2008-17
David Parker 2017-
Jurisdiction
J0046
1841 ‑
The Attorney-General was the senior law officer of the Crown responsible for the Government's administration of the law.
Show History
Functions and Responsibilities
The Attorney-General had two roles in Government:
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as a Minister of the Crown with ministerial responsibility for the Crown Law Office, the Serious Fraud Office, and the Parliamentary Counsel Office;
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as the senior Law Officer of the Crown with principal responsibility for the Government's administration of the law. This function was exercised in conjunction with the with the Solicitor-General, who was the junior Law Officer.1
Principal Legal Adviser: The Attorney-General was the principal legal adviser to the Government, and in that capacity held similar responsibilities to those of any legal adviser towards a client. The Attorney-General was also a member of the Government and a member of the Cabinet. In Cabinet and Cabinet Committee meetings, the Attorney-General's role included providing legal advice and encouraging Ministerial colleagues to seek appropriate legal advice in the course of Government decision making.2
In practise it was the Solicitor-General who provided legal advice to the Government. However that advice was always subject to the opinion of the Attorney-General, which prevailed in the event of conflict. The Attorney-General also had overall responsibility for the conduct of all legal proceedings involving the Crown and was expected to keep his or her fellow Ministers informed of the initiation, progress and outcome of such proceedings against or by the Government.3
Representation in the Courts: The Attorney-General was the principal plaintiff or defendant on behalf of the Government in the courts (judicial review proceedings generally named the relevant Minister or other decision maker involved). Generally proceedings that involved Ministers and Government departments were handled by the Crown Law Office for the Attorney-General and Governmental interests that were directly affected.4
The Attorney-General was also responsible for representing the public interest on behalf of the general community - thus the Attorney-General intervened in proceedings that affected the public interest.5
Judiciary and Statutory Appointments: The Attorney-General was responsible for the following judicial and Statutory appointments under legislation administered by the Ministry of Justice:
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Coroners: Coroners were appointed by the Governor-General on the advice of the Attorney-General, after consultation with the Minister of Justice. The Coroners Act 2006 established the Chief Coroner and up to 20 other Coroners.
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District Court Judges: District Court Judges, including Family and Youth Court Judges, were appointed by the Governor-General on the advice of the Attorney-General as per the District Courts Act 1947.
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Employment Court Judges: Employment Judges were appointed by the Governor-General on the advice of the Attorney-General pursuant to section 200 of the Employment Relations Act 2000.
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Environment Court: Environment Judges and Commissioners were appointed by the Governor-General on the recommendation of the Attorney-General, after consultation with the Minister of the Environment and the Minister of Maori Affairs pursuant to section 250 of the Resource Management Act 1991.
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Judicial Conduct Commissioner: The Commissioner was appointed under section 7 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004. The appointment was made by the Governor-General on the recommendation of the House of Representatives, following consultation by the Attorney-General and the Chief Justice.
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Legal Aid Review Panel: Members of the Panel were appointed by the Attorney-General under the Legal Services Act 2000.
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New Zealand Parole Board: Board members were appointed by the Governor-General on the recommendation of the Attorney-General, pursuant to section 111 of the Parole Act 2002.6
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p.15, Crown Law Office Briefing for the Incoming Attorney-General, November 2008, The Official Website of the New Zealand Government, http://www.beehive.govt.nz/sites/all/files/CLO.PDF (accessed 25 June 2010).
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ibid, p.16.
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ibid.
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ibid.
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ibid.
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pp.7-8, Briefing for the Incoming Attorney-General in Relation to the Functions provided by the Ministry of Justice, November 2008, http://www.beehive.govt.nz/sites/all/files/MOJ.pdf (accessed 25 June 2010).
Responsible Ministers :
Francis Fisher 1841
William Swainson 1841-53
Frederick Whitaker 1854-56
William Fox 1856
Frederick Whitaker 1856-61
William Fox 1861
Thomas Ballantyne Gillies 1862
Henry Sewell 1862-63
Frederick Whitaker 1863-64
Henry Sewell 1864-65
The role was in abeyance between 1865 and 1876 when it resumed
Frederick Whitaker 1876-77
Robert Stout 1878-79
Frederick Whitaker 1879-83
Edward Tennyson Connolly 1883-84
Robert Stout 1884-87
Frederick Whitaker 1887-91
Patrick Alphonsus Buckley 1891-95
The role was in abeyance between 1895 and 1903
Albert Pitt 1903-06
John George Findlay 1906-11
Alexander Lawrence Herdman 1912-18
Francis Henry Dillon Bell 1918-26
William Downie Stewart 1926
Francic Joseph Rolleston 1926-28
William Downie Stewart 1928
Thomas Kay Sidey 1928-31
William Downie Stewart 1931-33
George William Forbes 1933-35
Henry Greathead Rex Mason 1935-49
Thomas Clifton Webb 1949-54
John Ross Marshall 1954-57
Henry Greathead Rex Mason 1957-60
Josiah Ralph Hanan 1960-69
John Ross Marshall 1969-71
Daniel Jospeh Riddiford 1971-72
Roy Jack 1972
Allan Martyn Findlay 1972-75
Peter Ian Wilkinson 1975-78
James Kenneth McLay 1978-84
Geoffrey Winston Russell Palmer 1984-89
David Lange 1989-90
Paul East 1990-99
Margaret Wilson 1999-05
David Parker 2005-07
Michael Cullen 2007-08
Chrisopher Finlayson 2008-17
David Parker 2017-
Francis Fisher was appointed the first Attorney-General of New Zealand by Governor William Hobson RN, 3 May 1841. The Hon. Frederick Whitaker, M.L.C. was the first Attorney-General appointed at the formation of the first administration of responsible government in New Zealand, 7 May 1856.
- Crown Law Office website, http://www.crownlaw.govt.nz/ (accessed 25 June 2010).
- The Official Website of the New Zealand Government, www.beehive.govt.nz (accessed 25 June 2010).
- Crown Law Office Briefing for the Incoming Attorney-General, November 2008, http://www.beehive.govt.nz/sites/all/files/CLO.PDF (25 June 2010).
- Briefing for the Incoming Attorney-General in Relation to the Functions provided by the Ministry of Justice, November 2008, http://www.beehive.govt.nz/sites/all/files/MOJ.pdf (accessed 25 June 2010).
- Scholefield, Guy H., New Zealand Parliamentary Record 1840-1949, Government Printer, Wellington, 1950.
- π Serious Fraud Office (1996 ‑ )
- π Solicitor General (1868 ‑ )
- π Crown Law (1918 ‑ )
- π Crown Law (1909 ‑ )
- π’ Serious Fraud Office (1990 ‑ )
- π’ Government Inquiry into Operation Burnham and Related Matters (2018 ‑ )
- π’ The Honourable Sir George Panton Finlay (1943 ‑ 1958)
- π’ Sir George Arney (1857 ‑ )
- π’ The Honourable Oscar Thorwald Johan Alpers (1925 ‑ 1927)
- π’ Rt. Hon. Sir Owen Woodhouse, ONZ, KBE, DSC (1961 ‑ )
- π’ Honourable Sir (Thomas) Walter Stringer (1914 ‑ )
- π’ Honourable Joseph Stanton (1948 ‑ )
- π’ The Right Honourable Sir Clifford Parris Richmond, KBE (1960 ‑ 1981)
- π’ The Honourable Duncan Wallace McMullin (1970 ‑ 1978)
- π’ Alexander Lawrence Herdman (1918 ‑ 1935)
- π’ Thomas Bannatyne Gillies (1875 ‑ )
- π’ The Honourable Arthur Fair (1934 ‑ )
- π’ Edward Tennyson Conolly (1889 ‑ )
- π’ The Honourable John Bartholemew Callan (1935 ‑ )
- π’ Judge James Walker Bain (1976 ‑ )
- π’ The Honourable Lester Francis Moller (1978 ‑ )
- π’ The Right Honourable Thomas Munro Gault DCNZM, QC (1987 ‑ )
- π’ Justice Ralph Wylie (1986 ‑ 1991)
- π’ The Honourable Robert Philip Smellie, CNZM
- π’ The Honourable Sir John Henry (1984 ‑ )
- π’ The Honourable Sir Trevor Henry (1955 ‑ 1974)
- π’ The Honourable Sir Ian Barker (1976 ‑ 1997)
- π’ Justice Reginald Hardie Boys
- π’ Rt Hon. Sir Alfred Kingsley North (1951 ‑ )
- π’ Judge James Bayne Sinclair
- π’ Justice Evan Prichard CBE
- π’ New Zealand Law Society (1869 ‑ )
- π’ Office of the Judicial Conduct Commissioner (2005 ‑ )
- π’ Ministry of Justice, Head Office (1995 ‑ )
- π’ Parliamentary Counsel Office (1920 ‑ )
- π’ Crown Law Office, Head Office (1873 ‑ )
- π’ Department of Justice, Head Office (1872 ‑ 1995)
- π’ Aliens Appeal Tribunal (1940 ‑ 1945)
- π’ Department of Internal Affairs, Head Office (1841 ‑ 1872)
Show 31 items
- π Realm of New Zealand (1947 ‑ )
- π Dominion of New Zealand (1907 ‑ 1947)
- π Self-Governing Colony of New Zealand (1853 ‑ 1907)
- π Crown Colony of New Zealand (II) (1848 ‑ 1853)
- π Crown Colony of New Zealand (I) (1841 ‑ 1848)
- πΌ Prosecution services (1841 ‑ )
- πΌ Legislative drafting (1841 ‑ )
- πΌ Legal services (1841 ‑ )
- πΌ Probate administration (1841 ‑ 1870)