21 February 2023
By email: [FYI request #21820 email]
Tēnā koe,
Official information request relating to Crown Solicitor appointment
Our Ref: OIA353/1
1.
I refer to your official information request of 13 February 2023, which was
transferred to Crown Law by the Ministry of Justice. In that, you ask for
information about the process of appointing Crown Solicitors, specifically:
1.1
what the process entails (including any “procedure flow chart”);
1.2
whether “public nominations” are called for when appointing Crown
Solicitors (and if so, how); and
1.3
whether there is a limit on the number of Crown Solicitors that can be
appointed.
2.
To the extent we hold information on these matters, that is detailed below.
Crown Solicitor appointment process
3.
There is no prescribed process for appointing Crown Solicitors. Nor is there a
“procedure flow chart” detailing the process. However, the process of appointing
a Crown Solicitor generally involves the following stages.
3.1
The application stage: By way of advertisement,1 the Solicitor-General
invites expressions of interest from suitably qualified law practitioners
who are interested in applying for appointment as Crown Solicitor in the
particular district (e.g. Tāmaki Makaurau/Auckland). During this stage,
those interested in applying are encouraged to seek clarification and ask
questions about the appointment process and criteria, as required.
3.2
The short-listing stage: The number of applicants to be shortlisted is not
pre-determined but is instead decided by reference to the number and
quality of applications received. Applicants are advised if their proposal
is to progress to the next stage.
3.3
The evaluation stage: The evaluation stage involves interviewing the
applicant(s); meeting with partners proposing to support the warrant
1 For the recent appointment process relating to the Tāmaki Makaurau | Auckland Crown Solicitor, advertisements were placed with
the New Zealand Law Society’s LawPoints publication and website, the Auckland District Law Society’s LawNews publication, the
Government Legal Networks jobs and secondments update, and the New Zealand Herald.
Level 3 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
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2
holder; obtaining feedback from members of the judiciary,
representatives of the New Zealand Police and other stakeholders; and
an assessment of application documents and applicant interviews by an
evaluation panel (chaired by the Deputy Solicitor-General (Criminal))
against evaluation criteria.
3.4
The formal appointment stage: The successful applicant is appointed on
the recommendation of the Attorney-General and by warrant of the
Governor-General. The formal appointment process involves completion
of appointment documentation. The successful applicant is notified
once that process is complete.
Public nominations
4.
While the Crown Solicitor appointment process involves meeting with and
interviewing key stakeholders2 to obtain their feedback on short-listed
applicants, that does not extend to inviting public nominations.
The number of Crown Solicitors that can be appointed
5.
There is no statutory limit on the number of Crown Solicitors that can be
appointed. The Crown Solicitor Network currently consists of 17 Crown Solicitors
who are partners in private law firms throughout New Zealand.3 It is only when
an existing Crown Solicitor resigns, or the term of their warrant expires, that the
process of appointing a new Crown Solicitor (or re-appointing an incumbent
Crown Solicitor) takes place.
Proactive release
6.
Please note that we may publish this response (with your personal details
redacted), and any related documents, on Crown Law’s website if we decide
proactive release of this information is or may be in the public interest. If you
have any concerns about this, please let us know within 10 working days of the
date of this letter.
7.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Crown Law
Philip Coffey
Manager, Public Prosecutions Unit
2 Including members of the judiciary, representatives of the New Zealand Police, and senior members of the defence Bar and the
Public Defence Service.
3 A list of the current Crown Solicitors is publicly available at
: https://www.crownlaw.govt.nz/about-us/crown-solicitor-contacts/
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