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Attorney-General (New Zealand)

New Zealand minister of the Crown

New Zealand minister of the Crown

FieldValue
postAttorney-General
bodyNew Zealand
native_name
flagFlag of New Zealand.svg
flagcaptionFlag of New Zealand
insignia[[File:Coat of arms of New Zealand.svg120px]]
insigniacaptionCoat of arms of New Zealand
imageCOLLINS, Judith - Papakura (cropped).png
incumbentJudith Collins
incumbentsince27 November 2023
departmentCrown Law Office
Parliamentary Counsel Office
Serious Fraud Office
styleThe Honourable
member_of* Cabinet of New Zealand
reports_toPrime Minister of New Zealand
seatWellington
nominatorPrime Minister
appointerGovernor-General of New Zealand
appointer_qualifiedon the advice of the prime minister
termlengthAt His Majesty's pleasure
formation7 May 1856
firstFrederick Whitaker
salary$288,900
websitewww.beehive.govt.nz

Parliamentary Counsel Office Serious Fraud Office

  • Executive Council

The Attorney-General () is a political and legal officer in New Zealand. The Attorney-General is simultaneously a ministerial position and the chief law officer of the Crown, and has responsibility for supervising New Zealand law and advising the government on legal matters. The Attorney-General serves both a political and apolitical function. The current Attorney-General is Judith Collins.

Responsibilities and powers

The Attorney-General has two main areas of official responsibility. One, the Attorney-General has ministerial jurisdiction over the Crown Law Office and the Parliamentary Counsel Office. They also had responsibility for the Serious Fraud Office from its founding in 1990 until 2008, when it was transferred to the Minister of Police. Two, the Attorney-General is the principal law officer of the Crown, responsible for supervising the state's administration of the law and for providing legal advice to the government. and advising on compliance with domestic and international obligations. In the latter role (but strictly not in the former), the Attorney-General is assisted by the Solicitor-General, a non-partisan official. This reduces the extent to which the Attorney-General's actions on behalf of the state (as opposed to the government) can be influenced by their political allegiance.

A more complete description of the Attorney-General's powers can be found in the briefings to the incoming Attorney-General prepared by the Crown Law Office (most recently in 2024).

At present, there is no statutory basis which establishes the office of Attorney-General, although the position is referenced by a number of other legal documents, such as the Constitution Act 1986 which allows the Solicitor-General to exercise the functions of the Attorney-General. The functions of the Attorney-General are also described in the Cabinet Manual.

There is no constitutional duty on the government to follow the advice of the law officers. The Cabinet Manual outlines the process by which the legal advice provided by the Attorney-General (and others) may be disclosed.

The Attorney-General is also responsible for advising the Governor-General on who should be appointed judges of the courts of New Zealand.

History

The post of Attorney-General has existed since the separation of New Zealand as a distinct Crown Colony from New South Wales. It is a distinct position from that of Minister of Justice, although the two posts are sometimes held by the same person, for example, Martyn Finlay held both positions from 1972 to 1975.

Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of Parliament. The Attorney-General is a member of the Executive Council and is usually appointed as a member of the Cabinet. (An exception is when David Lange was appointed Attorney-General outside Cabinet from 1989 to 1990.)

By tradition, persons appointed Attorney-General have been lawyers. Only two attorneys-general have not been lawyers, Prime Minister George Forbes who held the post from 1933 until 1935 and most recently Michael Cullen who held the post in 2005 and again from 2006 to 2008. In November 1906, when Albert Pitt died, there was no lawyer in the governing Liberal Party who was free take up the position. Hence Joseph Ward appointed John Findlay to the Legislative Council on 23 November 1906 and appointed him Attorney-General and Colonial Secretary on the same day.

The table below is an incomplete listing of New Zealand politicians who have held political appointment as Attorney-General since 1856. It does not show non-political attorneys-general. There were two previous attorneys-general before responsible government was introduced in New Zealand in 1856: Francis Fisher who held office for less than one year in 1841, and William Swainson who held office until 7 May 1856. Peter Wilkinson was the half-brother of his successor, Jim McLay.

List of attorneys-general

;Key

No.NamePortraitTerm of officePrime MinisterIndependent politician}}"1Independent politician}}"2Independent politician}}"(1)Independent politician}}"(2)Independent politician}}"3Independent politician}}"4Independent politician}}"(3)Independent politician}}"(1)Independent politician}}"(3)Independent politician}}"5Independent politician}}"(1)Independent politician}}"6Independent politician}}"(1)Independent politician}}"7Independent politician}}"(6)Independent politician}}"(1)New Zealand Liberal Party}}"8New Zealand Liberal Party}}"New Zealand Liberal Party}}"9New Zealand Liberal Party}}"10New Zealand Liberal Party}}"-Reform Party (New Zealand)}}"11Reform Party (New Zealand)}}"12Reform Party (New Zealand)}}"13Reform Party (New Zealand)}}"14United Party (New Zealand)}}"15United Party (New Zealand)}}"Reform Party (New Zealand)}};"(13)United Party (New Zealand)}};"16New Zealand Labour Party}}"17New Zealand National Party}}"18New Zealand National Party}}"19New Zealand National Party}}"New Zealand Labour Party}}"(17)New Zealand National Party}}"20New Zealand National Party}}"(19)New Zealand National Party}}"21New Zealand National Party}}"22New Zealand Labour Party}}"23New Zealand National Party}}"24New Zealand National Party}}"25New Zealand Labour Party}}"26New Zealand Labour Party}}"27New Zealand Labour Party}}"New Zealand National Party}}"28New Zealand National Party}}"29New Zealand National Party}}"New Zealand Labour Party}}"30New Zealand Labour Party}}"31New Zealand Labour Party}}"32New Zealand Labour Party}}"(31)New Zealand National Party}}"33New Zealand National Party}}"New Zealand Labour Party}}"(32)New Zealand Labour Party}}"New Zealand National Party}}"34
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]7 May 185620 May 1856Independent politician}}"Sewell
William Fox[[File:Sir William Fox restored.png75px]]20 May 18562 June 1856Independent politician}}"Fox
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]2 June 185612 July 1861Independent politician}}"Stafford
William Fox[[File:Sir William Fox restored.png75px]]12 July 18612 August 1861Independent politician}}"Fox
Henry Sewell[[File:Henry Sewell, 1860 cropped.jpg75px]]2 August 18616 August 1862
Thomas Gillies[[File:Thomas Gillies.jpg75px]]6 August 186223 August 1862Independent politician}}"Domett
Henry Sewell[[File:Henry Sewell, 1860 cropped.jpg75px]]23 August 18621 January 1863
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]1 January 186324 November 1864Independent politician}}"
Independent politician}}"Whitaker
Henry Sewell[[File:Henry Sewell, 1860 cropped.jpg75px]]24 November 186416 October 1865Independent politician}}"Weld
James Prendergast[[File:JamesPrendergast.JPG75px]]16 October 18651 September 1876Independent politician}}"Stafford
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]1 September 187613 October 1877Independent politician}}"Atkinson
Robert Stout[[File:Robert Stout, 1885.jpg75px]]13 October 18778 October 1879Independent politician}}"Grey
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]21 April 188225 September 1883Independent politician}}"Whitaker
Edward Conolly[[File:Edward Tennyson Conolly, circa 1892.jpg75px]]25 September 188316 August 1884Independent politician}}"Atkinson
Robert Stout[[File:Robert Stout, 1885.jpg75px]]16 August 18848 October 1887Independent politician}}"Stout
Frederick Whitaker[[File:Frederick Whitaker, ca 1870s.jpg75px]]11 October 188724 January 1891Independent politician}}"Atkinson
Patrick Buckley[[File:Patrick Alphonsus Buckley.jpg75px]]24 January 189120 December 1895New Zealand Liberal Party}}"Ballance
New Zealand Liberal Party}}"Seddon
Albert Pitt[[File:Albert Pitt.jpg75px]]22 June 190318 November 1906New Zealand Liberal Party}}"
New Zealand Liberal Party}}"Hall-Jones
New Zealand Liberal Party}}"Ward
John Findlay[[File:John George Findlay.jpg75px]]18 November 190626 December 1911New Zealand Liberal Party}}"
Josiah Hanan
acting[[File:Josiah Alfred Hanan, ca 1908.jpg75px]]28 March 191210 July 1912New Zealand Liberal Party}}"Mackenzie
Alexander Herdman[[File:Alexander Herdman.jpg75px]]10 July 19124 February 1918Reform Party (New Zealand)}}"Massey
Francis Bell[[File:Francis Bell.jpg75px]]4 February 191818 January 1926Reform Party (New Zealand)}}"
Reform Party (New Zealand)}}"Bell
Reform Party (New Zealand)}}"Coates
William Downie Stewart Jr[[File:William Downie Stewart.jpg75px]]18 January 192624 May 1926Reform Party (New Zealand)}}"
Frank Rolleston[[File:Frank Rolleston.jpg75px]]24 May 192610 December 1928
Thomas Sidey[[File:Thomas Kay Sidey.jpg75px]]10 December 192822 September 1931United Party (New Zealand)}};"Ward
United Party (New Zealand)}};"Forbes
William Downie Stewart Jr[[File:William Downie Stewart.jpg75px]]22 September 193128 January 1933United Party (New Zealand)}};"
George Forbes[[File:George William Forbes.jpg75px]]28 January 19336 December 1935
Rex Mason[[File:Rex Mason.jpg75px]]6 December 193513 December 1949New Zealand Labour Party}}"Savage
New Zealand Labour Party}}"Fraser
Clifton Webb[[File:Clifton Webb.jpg75px]]13 December 194926 November 1954New Zealand National Party}}"Holland
Jack Marshall[[File:Jack Marshall 1951.jpg75px]]26 November 195412 December 1957
New Zealand National Party}}"Holyoake
Rex Mason[[File:Rex Mason.jpg75px]]12 December 195712 December 1960New Zealand Labour Party}}"Nash
Ralph Hanan[[File:Ralph Hanan portrait.jpg75px]]12 December 196022 December 1969New Zealand National Party}}"Holyoake
Jack Marshall[[File:Jack Marshall, 1972.jpg75px]]22 December 19692 February 1971
Dan Riddiford[[File:Dan Riddiford.jpg75px]]2 February 19719 February 1972
Roy Jack[[File:Roy Jack.jpg75px]]9 February 19728 December 1972New Zealand National Party}}"Marshall
Martyn Finlay[[File:Martyn Finlay, 1968.jpg75px]]8 December 197212 December 1975New Zealand Labour Party}}"Kirk
New Zealand Labour Party}}"Rowling
Peter Wilkinson[[File:No image.png75px]]12 December 197513 December 1978New Zealand National Party}}"Muldoon
Jim McLay[[File:Conference on Facilitating the Entry into Force of the CTBT - Flickr - The Official CTBTO Photostream (18).jpg75px]]13 December 197826 July 1984
Geoffrey Palmer[[File:Geoffrey Palmer.jpg75px]]26 July 19844 August 1989New Zealand Labour Party}}"Lange
David Lange[[File:David Lange (cropped).jpg75px]]4 August 19892 November 1990New Zealand Labour Party}}"Palmer
New Zealand Labour Party}}"Moore
Paul East[[File:Paul East crop.jpg75px]]2 November 19905 December 1997New Zealand National Party}}"Bolger
Doug Graham[[File:No image.png75px]]5 December 199710 December 1999
New Zealand National Party}}"Shipley
Margaret Wilson[[File:Margaret Wilson crop.jpg75px]]10 December 199928 February 2005New Zealand Labour Party}}"Clark
Michael Cullen[[File:Michael Cullen, 2008.jpg75px]]28 February 200519 October 2005
David Parker[[File:Hon David Parker.jpg75px]]19 October 200521 March 2006
Michael Cullen[[File:Michael Cullen, 2008.jpg75px]]21 March 200619 November 2008
Chris Finlayson[[File:Chris Finlayson-Net Hui 2011.jpg75px]]19 November 200826 October 2017New Zealand National Party}}"Key
New Zealand National Party}}"English
David Parker[[File:Hon David Parker.jpg75px]]26 October 201727 November 2023New Zealand Labour Party}}"Ardern
New Zealand Labour Party}}"Hipkins
Judith Collins[[File:COLLINS, Judith - Papakura (cropped).png75px]]27 November 2023IncumbentNew Zealand National Party}}"Luxon

References

References

  1. "Parliamentary Salaries and Allowances Determination 2016".
  2. "Rōia Matua - te Aka Māori Dictionary".
  3. Clayton, CW. (1995). "Government Lawyers: The Federal Legal Bureaucracy and Presidential Politics". University of Kansas Press.
  4. (2023). "Briefing to the Incoming Attorney-General". Crown Law.
  5. (2020). "Briefing to the Incoming Minister". Serious Fraud Office.
  6. This includes upholding the rule of lawCabinet Office, ''Cabinet Manual 2017'', at [4.3].
  7. "CO (16) 2: Cabinet Directions for the Conduct of Crown Legal Business 2016".
  8. ''Briefing Paper for the Attorney-General'' (Crown Law Office, October 2017) at 3.
  9. Brookfield. (1979). "The Attorney-General". New Zealand Law Journal.
  10. Constitution Act 1986, s 9A.
  11. Cabinet Office, ''Cabinet Manual 2017,'' [4.2]–[4.5].
  12. McLachlan, Campbell. (2014). "Foreign Relations Law". Cambridge University Press.
  13. Cabinet Office, ''Cabinet Manual 2017,'' at [4.63–4.72].
  14. "Judicial appointments {{!}} The District Court of New Zealand".
  15. Paterson, Donald Edgar. (1966). "Findlay, the Hon. Sir John George".
  16. Wilson, Jim. (1985). "New Zealand Parliamentary Record, 1840–1984". V.R. Ward, Govt. Printer.
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