Attorney-General_(New_Zealand) Attorney-General_(New_Zealand)

Attorney-General (New Zealand) - Definition and Overview

The Attorney-General is an political office in New Zealand. It is simultaneously a Cabinet position and an administrative office, and has responsibility for supervising New Zealand law and advising the government on legal matters.

Responsibilities and powers

The Attorney-General has two main areas of official responsibility. Firstly, the Attorney-General is has ministerial jurisdiction over the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. Secondly, the Attorney-General is the principle law officer of the Crown, responsible for supervising the state's administration of the law and for providing legal advice to the government. In the latter role (but strictly not in the former), the Attorney-General is assisted by the Solicitor-General, a non-partisan official. This is to reduce 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 2004 ministerial briefing (http://www.beehive.govt.nz/briefings/justice/attorney_general/home.cfm) prepared by the Crown Law Office, which the Attorney-General supervises.

The position of Attorney-General is distinct from that of Minister of Justice, although the two posts are sometimes held by the same person.

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.

History

The post of Attorney-General has existed since the beginning of New Zealand self-government. Because of the dual nature of the role, however, it has sometimes been filled by politicians and sometimes by jurists — not all Attorney-Generals have been cabinet ministers.

The table below is an imcomplete listing of New Zealand politicians who have sat in Cabinet as attorney-general. It does not show non-political attorneys-general.

Name PM Served Took Office Left Office Party
Frederick Whitaker Sewell 7 May 1856 20 May 1856 None
William Fox (himself) 20 May 1856 2 Jun 1856 None
Frederick Whitaker, 2nd time Stafford 2 Jun 1856 12 Jul 1861 None
William Fox, 2nd time (himself) 12 Jul 1961 2 Aug 1861 None
Thomas Gillies Domett 2 Aug 1861 23 Aug 1862 None
Henry Sewell Domett 23 Aug 1862 1 Jul 1863 None
Frederick Whitaker, 3rd time Domett, (himself) 1 Jul 1863 24 Nov 1864 None
Henry Sewell, 2nd time Weld 24 Nov 1864 16 Oct 1865 None
Frederick Whitaker, 4th time Atkinson 1 Sep 1876 13 Oct 1877 None
Robert Stout Grey 13 Mar 1878 25 June 1879 None
Frederick Whitaker, 5th time (himself) 21 Apr 1882 25 Sep 1883 None
Edward Conolly Atkinson, Harry 25 Sep 1883 16 Aug 1884 None
Robert Stout, 2nd time (himself) 16 Aug 1884 28 Aug 1884 None
Robert Stout, 3rd time (himself) 3 Sep 1884 8 Oct 1887 None
Frederick Whitaker, 3rd time Atkinson 11 Oct 1887 24 Jan 1891 None
Patrick Buckley Ballance, Seddon 24 Jan 1891 20 Dec 1895 Liberal
Albert Pitt Seddon, Hall-Jones, Ward 22 Jun 1903 18 Nov 1906 Liberal
John Findlay Ward 23 Nov 1906 26 Dec 1911 Liberal
Alexander Herdman Massey 10 Jul 1912 4 Feb 1918 Reform
Francis Bell (himself), Coates 14 May 1925 18 Jan 1926 Reform
William Downie Stewart Coates 18 Jan 1926 24 May 1926 Reform
Francis Rolleston Coates 24 May 1926 26 Nov 1928 Reform
Thomas Sidey Ward, Forbes 10 Dec 1928 22 Sep 1931 United
William Downie Stewart, 2nd time Forbes 22 Sep 1931 28 Jan 1933 Reform (in coalition)
George Forbes (himself) 28 Jan 1933 6 Dec 1935 United (in coalition)
Rex Mason Savage, Fraser 6 Dec 1935 13 Dec 1949 Labour
Clifton Webb Holland 13 Dec 1949 1954 National
Jack Marshall Holland, Holyoake 1954 1957 National
Rex Mason, 2nd time Nash 1957 1960 Labour
Ralph Hanan Holyoake 1960 1969 National
Jack Marshall, 2nd time Holyoake 1969 ? National
Dan Riddiford ? ? ? None
Roy Jack Marshall 1972 1972 National
? Kirk, Rowling 1972 1975 Labour
? Muldoon 1975 1978 None
Jim McLay Muldoon 1978 1984 National
Geoffrey Palmer Lange 1984 1989 Labour
David Lange Palmer, Moore 1989 1990 Labour
Paul East Bolger 1990 1997 National
Doug Graham Bolger, Shipley 1997 1999 National
Margaret Wilson Clark 1999 (present) Labour

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