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Attorney-General (New Zealand)

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New Zealand

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

[edit] Responsibilities and powers

The Attorney-General has two main areas of official responsibility. Firstly, the Attorney-General has ministerial jurisdiction over the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. Secondly, 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. 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 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, eg Martyn Finlay 1972-75.

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.

The Attorney-General usually has a legal background, and Michael Cullen is only the second minister without a legal background to have held the position.

[edit] History

The post of Attorney-General has existed since the separation of New Zealand as a distinct Crown Colony from New South Wales. 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 incomplete listing of New Zealand politicians who have sat in Cabinet 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.

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Name Premier / Prime Minister Served Took Office Left Office Party
1 Frederick Whitaker Sewell 7 May 1856 20 May 1856 None
2 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
3 Thomas Gillies Domett 2 Aug 1861 23 Aug 1862 None
4 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
5 James Prendergast Edward Stafford 16 Oct 1865 1 Sep 1876 None
Frederick Whitaker, 4th time Atkinson 1 Sep 1876 13 Oct 1877 None
6 Robert Stout Grey 13 Mar 1878 25 June 1879 None
Frederick Whitaker, 5th time (himself) 21 Apr 1882 25 Sep 1883 None
7 Edward Connolly 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, 6th time Atkinson 11 Oct 1887 24 Jan 1891 None
8 Patrick Alphonsus Buckley Ballance, Seddon 24 Jan 1891 20 Dec 1895 Liberal
9 Albert Pitt Seddon, Hall-Jones, Ward 22 Jun 1903 18 Nov 1906 Liberal
10 John Findlay Ward 23 Nov 1906 26 Dec 1911 Liberal
11 Alexander Herdman Massey 10 Jul 1912 4 Feb 1918 Reform
12 Francis Bell Massey, (himself), Coates 4 Feb 1918 18 Jan 1926 Reform
13 William Downie Stewart Coates 18 Jan 1926 24 May 1926 Reform
14 Francis Rolleston Coates 24 May 1926 26 Nov 1928 Reform
15 Thomas Sidey Ward, Forbes 10 Dec 1928 22 Sep 1931 United
William Downie Stewart, 2nd time Forbes 22 Sep 1931 28 Jan 1933 Reform
16 George Forbes (himself) 28 Jan 1933 6 Dec 1935 United
17 Rex Mason Savage, Fraser 6 Dec 1935 13 Dec 1949 Labour
18 Clifton Webb Holland 13 Dec 1949 26 Nov 1954 National
19 Jack Marshall Holland, Holyoake 26 Nov 1954 12 Dec 1957 National
Rex Mason, 2nd time Nash 12 Dec 1957 12 Dec 1960 Labour
20 Ralph Hanan Holyoake 12 Dec 1960 24 Jul 1969 National
Jack Marshall, 2nd time Holyoake 22 Dec 1969 2 Feb 1971 National
21 Dan Riddiford Holyoake 2 Feb 1971 9 Feb 1972 None
Roy Jack Marshall 9 Feb 1972 8 Dec 1972 National
22 Martyn Finlay Kirk, Rowling 8 Dec 1972 12 Dec 1975 Labour
23 Peter Wilkinson Muldoon 12 Dec 1975 13 Dec 1978 National
24 Jim McLay Muldoon 13 Dec 1978 26 Jul 1984 National
25 Geoffrey Palmer Lange 26 Jul 1984 4 Aug 1989 Labour
26 David Lange Palmer, Moore 4 Aug 1989 2 Nov 1990 Labour
27 Paul East Bolger 2 Nov 1990 5 Dec? 1997 National
28 Doug Graham Bolger, Shipley 5 Dec? 1997 5 Dec 1999 National
29 Margaret Wilson Clark 5 Dec 1999 28 Feb 2005 Labour
30 Michael Cullen Clark 28 Feb 2005 19 Oct 2005 Labour
31 David Parker Clark 19 Oct 2005 20 Mar 2006 Labour
Michael Cullen, 2nd time Clark 21 Mar 2006 19 Nov 2008 Labour
32 Chris Finlayson Key 19 Nov 2008 Incumbent National
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