Historical Information
The early history of Crown Law and the Solicitor-General
The Crown Law Office was officially established on 30 September 1873 when the Judicial Branch of the Colonial Secretary’s Office was divided into two independent departments: the Department of Justice and the Crown Law Office.
The first permanent Solicitor-General, W.S. Reid, was appointed on 31 March 1875. Reid had until that time been serving as an Assistant Law Officer within the Crown Law Office. The office was very small, with just three employees.
The appointment was questioned, and both the status of the role and validity of the appointment were debated before the Supreme Court in Solicitor-General v Corporation of the City of Dunedin (1875) 1 NZ Jur (NS) 1. Williams J recognised the appointment as valid within the prerogative powers of the Crown. The creation of the role coincided with changes in the role of the Attorney-General, which up to 1875 had been politically independent.
Reid played a pivotal role in shaping the office of the Solicitor-General. As the first non-political holder of the office, his tenure set the precedent for the Solicitor-General's independence from political influence, ensuring that legal counsel and representation for the government were conducted impartially and based on sound legal principles.
Reid remains New Zealand’s longest serving Solicitor-General, holding the office for 25 years, from 1875-1900. Under his leadership, the office played a crucial role in drafting significant early legislation, such as the Abolition of the Provinces Act 1875 and the Criminal Code Bill of 1885, which underpins New Zealand’s criminal law to this day.
Crown Law in the 20th Century
In 1910, under the leadership of Sir John Salmond, the Crown Law Office underwent a significant reorganisation. The office took on the bulk of Crown legal work in the civil and some criminal work. This reorganisation marked a pivotal moment in the history of Crown Law, as it centralised much of the government's legal work within the Crown Law Office.
Additionally, on 3 September 1918, the legislative drafting function was separated from the office with the appointment of the predecessor to Parliamentary Counsel.
From there, the core purpose and function of the office remained largely settled throughout the 20th century.
Crown Law’s involvement in significant cases
The Crown Law Office has been involved in many significant legal cases since its establishment. These cases highlight the office's critical role in handling high-profile, complex legal matters across a range of practice areas.
In 1974, the Office was involved in the prosecution of suspected KGB spy Dr. W.B. Sutch under the Official Secrets Act. This case was notable for the Attorney-General's involvement and the subsequent public and legal scrutiny it attracted.
In Fitzgerald v Muldoon and Others [1976] 2 NZLR 615, the Attorney-General decided to stay criminal proceedings against the Ford Motor Company following statements by the Prime Minister, highlighting the separation of powers and the importance of maintaining distinct roles for different branches of government.
The 1980s saw the prosecution and extradition of French agents following the bombing of the Greenpeace ship, the Rainbow Warrior, as well as subsequent international arbitration and compensation agreements. Then in Prebble v Television New Zealand, the Attorney-General appeared as amicus curiae to argue that parliamentary privilege prevents the courts from receiving evidence of statements made in the House, emphasising the separation of powers between the judiciary and Parliament.
Crown Law today
Today, the Crown Law Office – often referred to as Crown Law – remains a vital part of New Zealand's legal system. We are responsible for providing legal advice to the government, representing the Crown in significant legal cases, and ensuring that government actions are conducted lawfully. Commitment to legal professionalism and independence continues to be a cornerstone of how we operate, focused on maintaining the integrity of the legal system and upholding the rule of law.
We are part of the Public Service, which includes departments, departmental agencies and interdepartmental executive boards. The Solicitor-General also holds the role of Chief Executive of the Crown Law Office, which is governed by the Public Service Act 2020 and the Public Finance Act 1989 (learn more about the responsibilities of Public Service chief executives here).
The office of Solicitor-General in New Zealand remains a prerogative appointment, with no attempts made to provide a statutory basis for it, just as the office itself was not created by statute.
In 2011, the Attorney-General announced a review on the scope and focus of the Solicitor-General’s role and the operating model of the Crown Law Office. The role of the Solicitor-General has previously been examined in 1986 and 2006. In 2012, it was recommended that the Solicitor-General should remain Chief Executive of the Crown Law Office as well as senior legal advisor and advocate for the Crown. Operational management functions were separated out to a Deputy Chief Executive position. See our current structure here.
The Solicitor-General is also the Head of Profession and leads the Government Legal Network (GLN), which is made up of over 1,000 lawyers across the public service. The purpose of the GLN is to support the government in achieving its objectives lawfully, enhance public confidence in the justice system, and foster a collaborative and culturally capable legal workforce.
In 2016 Una Jagose KC, began serving as Solicitor-General on the advice of the Attorney-General. Ms Jagose is the current and 17th Solicitor-General.
Office moves
From 1876, the Office was based in Old Government Buildings in Wellington, where it remained for 87 years.
Then in 1964, the Wellington office moved to the Law Society Building, Waring Taylor Street. Other notable locations include Wool House, Featherston Street; St Paul’s Square, Pipitea Street; Unisys House, The Terrace; and since 2012 the Justice Centre, running between Kate Sheppard and Aitken Streets, has been home to Crown Law.
In July 1960, a branch office was established in Auckland, which continued until about 1986. The Auckland office was re-opened in 2013, and currently shares workspace with colleagues based in the Serious Fraud Office.