Solicitor-General of New Zealand

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The Solicitor-General of New Zealand is the second law officer of state in New Zealand. The Solicitor-General is also head of the Crown Law Office, that comprises lawyers employed to represent the Attorney-General in court proceedings in New Zealand.

Under section 9A of the Constitution Act 1986 the Solicitor-General can exercise almost all of the statutory functions conferred on the Attorney-General. As the non-political Law Officer, the Solicitor-General has traditionally assumed responsibility for the exercise of those functions that should be undertaken independently of the political process. The Crown Law Office supervises the prosecution of major criminal offences, with most prosectutions being conducted by regional law firms that act as Crown Solicitors.

The current Solicitor-General is Dr David Collins QC, who was appointed in August 2006. His predecessor was Terence Arnold QC, who was appointed as a Judge of the Court of Appeal in May 2006. There has been a usual practice of appointing the Solicitor General as a Judge of the High Court, although Terrence Arnold's predecessor, John McGrath QC, was appointed to the Court of Appeal in July 2000. (Justice McGrath was subsequently appointed to the Supreme Court in May 2005.)

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[edit] History

New Zealand has had its own Attorney-General since 1841. The position of Solicitor-General was not established until 1867 and was initially a political office as it currently is in England. In 1875 the office became a permanent government position. Walter S Reid the first to hold the position. He remained in the position for the next 25 years. During this period the roles and responsibilities of the Attorney-General and the Solicitor-General were the subject of some debate and clarification by the Supreme Court.

In 1854 the General Assembly introduced a Bill to establish, among others, the position of Solicitor-General.[1] James O'Neill opposed the establishment of the position because each Province had its own Solicitor and thought that they together with the Attorney-General were sufficient.[2] Whether the position was established is difficult to determine. Papers in 1854 refer to Sewell as the late Solicitor-General, yet his biography says he was Attorney-General. Also, in 1861 reference is made of Travers being offered the position, but Travers had not been in office since 1859.[3]

[edit] Solicitors General of New Zealand

[edit] External links

[edit] References

  1. ^ Executive Government Bill, Wellington Independent, Volume IX, Issue 917, 26 July 1854, Page 4
  2. ^ House of Representatives, Tuesday, June 27, Daily Southern Cross, Volume XI, Issue 731, 30 June 1854, Page 3
  3. ^ Editorial, Colonist, Volume IV, Issue 343, 1 February 1861, Page 2
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