10.1 Legal advice and representation
The council [1] obtains legal advice and representation from:
- its in-house Ngā Ratonga Ture / Legal Services department, managed by the general counsel
- external lawyers instructed by the general counsel or their staff
- its in-house employment relations team in the people and culture department.
All requests for legal advice or representation (not concerning employment relations matters) must be referred to the council’s Ngā Ratonga Ture / Legal Services department.
Advice and representation from the council's Ngā Ratonga Ture / Legal Services department
Advice and representation obtained from in-house lawyers is professional, independent and objective.
In-house lawyers, including those in Ngā Ratonga Ture / Legal Services department and the general counsel, are bound by the rules of professional conduct for lawyers when providing legal advice or representing the council [2]. These professional obligations require in-house lawyers to (among other things):
- exercise independent professional judgement on the council’s behalf, and give objective advice to the council based on the lawyer’s understanding of the law [3] and
- within the bounds of the law and their professional obligations, protect and promote the interests of the council to the exclusion of the interests of others [4].
Advice and representation from external legal providers
The general counsel (acting under the chief executive’s delegation) or their Ngā Ratonga Ture / Legal Services department staff may procure external legal advice or representation for the council.
In deciding whether to procure external advice or representation, the general counsel or their Ngā Ratonga Ture / Legal Services department staff takes the following factors into account:
- the nature and/or complexity of the matter
- the available capacity and expertise within the Ngā Ratonga Ture / Legal Services department and elsewhere, including the availability of counsel
- the financial implications for the council and the availability of counsel
- issues of independence or conflict of interest (actual or perceived).
The decision on whether to obtain external legal advice or representation will be made in consultation with the relevant council business unit or department.
Where external lawyers are instructed on a council legal matter, the general counsel or their Ngā Ratonga Ture / Legal Services department staff retains oversight and may direct how the legal services are provided.
Footnotes
[1] Lawyers in the council’s Ngā Ratonga Ture / Legal Services department also provide legal advice to some CCOs.
[2] Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.
[3] Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 5.3.
[4] Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 6.