Senior Investigating Solicitor
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Tēnei Tūranga – About the role
The Senior Investigating Solicitor in the Business Registries (BR) Operational Legal Services Team provides hands on technical legal and administrative advice to Insolvency and Trustee Service (ITS) staff on how best to deal with specific estate issues and may provide legal advice on other matters relevant to BR.
Key external relationships:
- Staff in other government agencies
- Suppliers of goods and services
- Stakeholders
Key internal relationships:
- ITS and BR staff
- MBIE legal team
Ngā Herenga – Requirements of the role
Skills and experience
A proven track record of experience and achievement in:
- Tertiary qualification in law and admitted as a Barrister and Solicitor with a current practicing certificate.
- A minimum of 3 years post admission experience.
- Ability to understand and apply relevant legislation.
- Well-developed analytical thinking and problem solving ability.
- Capable of developing alternative pathways to achieving outcomes.
- Identifies key issues or required actions and develops workable solutions to complex problems.
- Critically evaluates options and makes effective decisions in spite of constraints such as time pressure or incomplete information.
- Well-developed planning and organising skills, including ability to maintain performance when under pressure, and appropriate prioritising of work.
- Ability to write clearly and succinctly on a range of complex legal issues.
- Ability to positively influence internal and external stakeholders, and earn their respect, trust and confidence.
- Ability to work effectively as part of a team.
- Ability to balance statutory and technical issues and present them with simplicity and clarity that can be understood by a range of audiences.
- Confident and persuasive communicator.
- Demonstrated ability to create and maintain enhanced working relationships.
- Listens actively and demonstrates understanding of other points of view.
- Desire to get things done.
- Ability to work independently, but with a high level of cooperation across the wider MBIE legal teams.
- Recognises need for effective collaboration across the Branch and Ministry to achieve goals.
- Desire to increase understanding and knowledge of public/commercial law.
The successful applicant must also have the right to work in New Zealand.
Takohanga Tuhinga o mua – Key accountabilities and deliverables
Responsibilities of this position are expected to change over time as the Ministry responds to changing needs. The incumbent will need the flexibility to adapt and develop as the environment evolves.
Administration of estates
- Work collaboratively with ITS staff to support their administrative functions – for example by:
- Assisting where document requests are not complied with
- Investigating complex transactions
- Identifying potential recoveries
- Assessing the prospects of vested causes of action and statutory recovery actions
- Instigating and completing proceedings to enforce contributions requirements and advising on a wide range of matters that may arise from time to time
- In addition the incumbent may be required to contribute to policy development and carry out such other tasks as may be required by the Official Assignee.
- Legal advice provided is expected to not only be legally correct but also pragmatic to allow issues to be resolved in a timely and cost-effective manner. Advice is clear and concise and provided to time frame.
- Review correspondence, documents and records and accurately assimilate information gained from the review to determine the appropriate action to be taken.
- Engage and liaise with accounting and legal providers in matters concerning asset and risk management issues.
- Input of information into the OASIS database and ensure the accuracy of this information is maintained.
- Complete general administration for file maintenance purposes such as file notes and filing.
- Maintains quality.
- Minimise risk – manages risk in own work area by delivering services within agreed procedures and advising Manager of any issues.
- Is competent at representing the Official Assignee in court.
Policy input
- Provide advice to ITS on the legal implications of proposed policies and procedures.
- Reviews and updates of ITS Best Practice Modules (BPMs).
- Attends and/or contributes to ITS Management Groups as required.
Develop and maintain effective relationships with creditors, insolvent parties and clients
- Maintain effective communication including reporting and responding to verbal and written queries.
- Manages client expectations and deals effectively with conflict situations.
Statutory obligations/risk management
- Assist staff in relation to information requests, including reviewing documents proposed to be released or withheld, and liaising with MBIE legal staff if required and drafting response if required.
- Consider complaints and if appropriate review relevant correspondence, documents and records/files.
- Accurately assimilate information gained from the review to determine the appropriate action to be taken and drafting response if required.
- Apply relevant legislation when considering information requests or complaints to ensure that all statutory obligations and time frames have been met.
- Provide guidance on the most appropriate way to handle medium to high risk issues.
- Pro-actively raise with business unit managers/statutory officers or manager any risk issues which become apparent.
Staff development
- Model MBIE values and behaviours in a professional manner.
- Provide technical, legal and ethical guidance and direction to staff.
- Attend and contribute at internal staff meetings and training sessions.
- Keep own legal knowledge up to date.
Effective group and wider team membership
- Participate in personal performance assessment in accordance with Managing our Performance policy.
- Work co-operatively with team members to get the best result for all stakeholders.
- Willingly shares ideas and experiences.
- Contribute to team knowledge and skills development.
Wellbeing, Health & Safety
- Displays commitment through actively supporting all safety and wellbeing initiatives.
- Ensures own and others safety at all times.
- Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
- Reports all incidents/accidents, including near misses in a timely fashion.
- Is involved in health and safety through participation and consultation.
Tō tūranga i roto i te Manatū - Your place in the Ministry
The Senior Investigating Solicitor position reports into the Manager Operational Legal Services (OLS) within the Business Registries unit which is based in Auckland. The OLS team sits in the Market Integrity branch within the Te Whakatairanga Service Delivery business group.
The functions in this group are:
- Building and Tenancy
- Business and Consumer
- Employment Services
- Engagement and Experience
- Market Integrity
- Service Quality
- Strategy and Enablement
To mātou aronga – What we do for Aotearoa New Zealand
Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.
To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.
As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).
Ngā matatau – Our competencies
Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.
Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.
Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.
Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.
Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.
Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.
Te Tiriti o Waitangi
As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.
Mahi i roto i te Ratonga Tūmatanui – Working in the public service
Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.
In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.
What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission
