Legal Counsel COUNCIL S VISION COUNCIL S MISSION OUR VALUES KEY RESULT AREAS UNIT/TEAM

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1 Legal Counsel UNIT/TEAM REPORTS TO ROLE PURPOSE Group Manager As a member of the Strategy and Development team this role is responsible and accountable for the delivery of job specific responsibilities providing legal guidance to identify, assess, and mitigate legal risk across the Council and to ensure projects, activities, and decision-making have the required support to progress and deliver business outcomes in adherence to legislative requirements and corporate governance frameworks. COUNCIL S VISION Working together to take Horowhenua from good to great. COUNCIL S MISSION In achieving our vision we will ensure that we are working towards: Customer Excellence Operations Excellence Product Excellence People Excellence OUR VALUES Greatness Real unity Energy Achievement Trust We never settle until our good is better and our better is great! We make it happen, together! We use our energy to perform and succeed! We deliver exceptional results! We create trust by living with integrity! KEY RESULT AREAS

2 KEY RESPONSIBILITIES Provide sound legal advice to the CE and other members of the management team on legal matters affecting the Council to ensure daily operations meet statutory requirements. SUMMARY OF OUTCOMES Present effective, efficient and timely provision of legal advice through the best use of internal and external resources. Provide legal support to Council teams dealing with strategic significant or complex projects. Provide general legal advice in a variety of contexts which is well reasoned and high quality to enable pragmatic recommendations and business decision making to occur. Advise on issues and enquiries relevant to Acts, regulations, rules, and standing orders. Provide and interpret legal information, conduct training and disseminate appropriate legal requirements to staff. Advise on reviewing, or preparing, relevant agreements and memoranda on behalf of Council. Review contracts or any other documentation where the Council has committed itself and assess legal implications that need to be brought to the CE s attention. Review, draft documentation and assist with the negotiation of business transactions and prepare and advise on the necessary checklist to be adopted to ensure information is submitted within set timeframes. Conduct legal analysis and research on various legal matters of the Council. Interpret relevant legislative provisions. Proof-read legal documents to assess very detailed information accurately. Draft legal opinions, memoranda and other briefing documents as required by the CE. Assist with environmental compliance considerations such us enforcement of clean-up notices, etc. Assist with property law matters including the review of leases, contracts for sale and easements, applications of the Crown land considerations and roads. Implement quality and risk management systems to contribute towards continuous improvements of internal control systems, processes and policies, aligning it with legislative requirements and corporate governance frameworks. Review Council papers and case files, as required, identifying any legal risks and advising on compliance with any relevant legislative or other legal/procedural requirements. Draft documents as required to align systems, procedures and policies with legal or corporate government requirements. Identify opportunities for the Council to improve its regulatory function including recommendations for changes to policy, procedure, legislation and training

3 where and when required. Review and provide legal advice on tender documents. Liaise with relevant internal stakeholders to ensure that legal risks have been identified and appropriate courses of action have been taken. Provide legal protection and risk management advice to management especially on contract management. Prepare, review, and modify contractual instruments to assist and support various business activities. Review and advise management on legal implications of internal policies and procedures. Review and draft contracts, agreements and internal polices and ensure that they are in compliance with all statutory legal requirements. Formulate compliance check-lists to be used for the purpose of ensuring that all information required is provided accordingly. Continuously monitor Council systems, processes, and policies against statutory obligations and advise management accordingly. Prepare monthly and quarterly reports for the CE to reflect on quality and risk management systems. Maintain Legal Practising certificate in order to meet the requirements to offer in-house counsel. Maintain the rules which govern relevant mode of practice. Maintain and update personal contact details with NZ Law Society. Uphold personal details on the role of barristers and solicitors of the High Court of New Zealand. Refrain from practicing in the capacity of conveyancing, real estate agent, and/or immigration advisor. Meet the criteria for eligibility as set out in Regulation 4 of the LCA (Lawyers Practice Rules) Regulations Displays an up to date understanding of current trends and developments. Attend and apply criteria for supervisory sessions. Complies with NZ Law Society CPD requirements. Undertake self-development activities to maintain up to date knowledge of the recent developments in law and practice relevant to the role of in-house practice. Prepare legal cases to offer sound support and advice to management and staff involved in hearings. Review ongoing cases and advise management accordingly. Analyse the probable outcomes of cases, using knowledge of legal precedents.

4 Advise Management or staff around business transactions, claim liability, advisability of prosecuting or defending lawsuits, or legal rights and obligations. Interpret laws, rulings and regulations for staff or managers. Advise on organisational response to litigation activities. Review progress of outstanding litigation and liaise with and manage external lawyers. Assist in reviewing legal material and any other relevant documents and to identify the most important issues that need to be sorted out on a priority basis to support ongoing cases. Conduct legal analysis and research on cases related to Council business. Communicate legal opinions verbally or in writing. Prepare and draft legal submissions to support cases. Draw up formalities regarding the settlement of disputes and monitor the implementation of legal clauses. Assist with the preparation of cases for hearings at the Dispute Tribunal. Attend hearings to assist and support involved staff members as required. Refer specialised cases to appropriate external legal resources to ensure best possible outcomes. Undertake materials ordering and issue Build effective working relationships with all relevant key stakeholders to ensure sustainable and effective management of legal services within HDC Facilitate effective interactions between the Council and state agencies under various statutes. Maintain effective relationships with external legal service advisers. Attend and participate in internal and external meetings as directed or required. Build strong relationships with the legal community, teams, and consultants. Develop and manage relationships with external stakeholders to fulfil requirements effectively. Instruct external legal advisers as required. Contribute towards community projects or duties where legal input adds value. Contribute and participate as a subject matter expert in projects as and when directed by the CE. Receive and process enquiries from stakeholders lodging complaints or enquiries. Resolve all concerns, enquiries or reported problems and provide full feedback to stakeholders. Assist with the preparation of reports on technical topics required by key stakeholders.

5 Build strong and positive working relations with internal and external key stakeholders. Provide formal and professional presentations to internal and external key stakeholders. Assist in the preparation of reports to Council and external stakeholders when required. Act as a lead contact for legal enquiries, requirements, responses, and agreements. Customer Focus Organisational Support Occupational Health and Safety Take all reasonable practicable steps to ensure your own safety, and to ensure that you do not cause harm to any other person by your actions or inaction. Demonstrate a personal commitment to Health and Safety in accordance with HDC s Health and Safety Policy Ensure services are delivered in an effective and customer focussed way, and that effective working relationships are maintained with key stakeholders Participates in Emergency Management activities. Approved procedures, information systems and policies are documented and complied with. Develop and maintain professional knowledge and contacts. Participates in Council s performance management programme. Hazards are identified and control measures followed. Work-related accidents, incidents and illnesses are reported. Emergency procedures are followed. Actively participates in improvements to, and ongoing management of health and safety in the workplace. Personal protective equipment is worn/used correctly, including as required to comply with requirements of contractor controlled worksites. Safe work practices are demonstrated. DELEGATIONS Direct Reports Financial No Annual Operating budgets would apply as approved by the Chief Executive Officer. Will exercise formal delegations in relation to operational, staffing and budget as assigned by the Chief Executive Officer. Financial delegation is $15,000 for operational expenses within an approved budget and $15,000 for capital expenses within an approved budget. Statutory delegation would apply as approved from Council from time to time Warrants Required: TBC Legislative Function: Legislation and/or Bylaw Section and/or Bylaw COMPETENCIES

6 A successful Legal Counsel at HDC will demonstrate the following competencies: Achievement - Demonstrates a strong focus on high performance standards and personal achievement. Goes above and beyond to exceed expectations. Communication - Communicate in a clear, confident and articulate manner. Is effective at influencing others. Implementation - Is reliable, detail-focused and meticulous. Follows through on plans to ensure they are carried out accordingly. Resilience - Remains calm, composed, and optimistic in stressful or high pressure situations. Self-Insight - Is aware of own strengths and weaknesses and actively seeks out opportunities for new learning and growth. Strategic Agility - Takes a big-picture, long-term view when planning and anticipating potential impacts on the business. Weighs up options and implications, identifies strategies and plans, and is comfortable with managed risks. Business Acumen- Maximise returns in the business is future-orientated and strategic and seeks areas for business improvement. Teamwork - Supports and collaborates with team members to achieve targets. Mental Power Has a desire to learn more and is able to learn new information and skills quickly. Is able to apply learnt information to new problems. Quick to pick up technical concepts. EXPERIENCE/QUALIFICATIONS Essential: A Law degree Holds, or meets the requirement to hold, a practicing certificate The ability to demonstrate a high level of knowledge and experience working with legislation relevant to the public sector and Local Government. Working knowledge of relevant New Zealand statutes, regulations and codes of practice. Proven ability to give advice on, or broker advice on, any legal matters affecting the Council. Ability to clearly identify, analyse and communicate critical issues. Demonstrated ability to present legal issues and analysis in a practical and understandable manner. Displays discerning judgement in the face of ambiguity, uncertainty and complexity. High level of experience in drafting and/or interpreting written agreements. Demonstrated professional ethics, integrity, and reliability, and ability to operate in a political environment with a high degree of professionalism. Willingness to undergo pre-employments checks and screenings such as psychometric assessments, drugand alcohol testing, etc. A current and valid NZ driver s license Job Specific Knowledge and Skills: Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules and the democratic political process. Local Government Act Resource Management Act Environmental Compliance considerations e.g. enforcement, clean-up, notices and interagency responses to pollution incidents. Employment Law Administrative Law Property Law Cultural heritage and Native Title issues Interactions between Councils and State agencies Administration and management of processes and quality control Sound knowledge of local government procedures, protocol and policies Ability to interpret, analyse and apply legal information

7 Application of strategic thinking models and techniques Facilitation and engagement skills Ability to analyse and establish new policies and procedures Ability to communicate in at least English on an advanced level. Should have an advanced knowledge on the principles of customer care and service, including customer needs assessment, meeting quality standards for services and evaluation of customer satisfaction. Presentation and communication skills with knowledge of sound ways to inform audiences (individuals or groups) through written, oral and visual media. KEY RELATIONSHIPS Internal: Chief Executive Group Managers Other Council Managers and staff Mayor, Councillors and Community Board Members External: Independent Hearing Commissioners Other relevant Technical and Legal professionals Consultants, contractors and developers Council s contractors and professional service providers Relevant landowners and stakeholders Regional and Local Government, Regulatory and Control Agencies The Horowhenua Community Local Iwi Groups Members of the general public