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Public law knowledge built through judicial review proceedings in NZ and the UK, 6 years' experience in-house in government agencies, and working on public sector technology projects for two decades

If you're working in the public sector -- or dealing with it -- you'll know it's not without its challenges. There's a lot to get your head around: interpreting and applying legislation, navigating administrative law obligations, understanding constitutional conventions, consulting properly, advising on proposed legislation, and more.

When issues like these crop up, having a lawyer with the requisite public law knowledge on your side can be vital to charting the right course.

01 – CAPABILITIES

How I can help.

Three pillars covering the life of a public law decision -- from the powers that authorise it, through the process that produces it, to the scrutiny that may follow.


PILLAR 01

Powers & policy

  • Statutory interpretation & vires advice
  • Assistance with technology-related legislation (like the EIV Act)
  • Drafting rules (like Information Rules) or policy frameworks (like NZGOAL)
  • Machinery of government, e.g., Cabinet paper and Crown Entities Act directions

PILLAR 02

Process & decisions

  • Consultation obligations and processes
  • Advice in relation to proposed decisions
  • External review of impugned decisions
  • Official information and privacy obligations and decisions

PILLAR 03

Scrutiny & response

  • Responding to threatened judicial review 
  • Assistance with Ombudsman and Privacy Commissioner complaints 
  • Privacy Commissioner inquiries
  • Reviewing and remediating contested decisions

02 – EXPERIENCE

Selected experience.

A handful of representative projects, anonymised as appropriate, and most touching technology or digital government.


CASE 01

RULES

LEGISLATIVE INSTRUMENT

Information Rules 

Drafting information rules that regulate two monitoring agencies, as required by primary legislation and in a manner that respected the Privacy Act and the Algorithm Charter.


Role: External counsel and primary drafter

CASE 03

POLICY FRAMEWORK

OPEN DATA AND OPEN SOURCE SOFTWARE

NZGOAL and Software Extension

Major advisory and drafting contributions to NZGOAL and later the NZGOAL Software Extension, including absorbing consultation feedback from agencies and software developers respectively.


Role: All internal and external legal advice and primary drafter

CASE 02

DRAFTING INSTRUCTIONS

TECHNOLOGY

Drafting instructions to PCO

Assisting with drafting instructions to Parliamentary Counsel in relation to legislation that was highly technical given the nature of the underlying technology.


Role: External counsel supporting in-house counsel

CASE 04

DIRECTIONS

CABINET PROCESSES

Whole of government directions

Advising on the drafting of whole of government directions under the Crown Entities Act, following Cabinet Office requirements and ensuring consistency with existing Cabinet directions.


Role: In-house and external advice and drafting assistance

Richard stands out for his sharp legal brain, eloquence, communication skills, integrity, humility and reliability. Richard impressed all including the Commissioners with his submissions, ability to put arguments persuasively and the ease with which they were presented.

Former Assistant General Counsel

COMMERCE COMMISSION

03 – TOOLS I BUILT

Tools that speed up the work.

The NZGOAL Review and Release Process tool rapidly accelerates application of the NZGOAL review and release process.


NZGOAL Review and Release Process automation tool

During COVID-19 it struck me that agencies might need to release content for re-use quickly. So I built and released an automated NZGOAL review and release process. It asks the right questions and then provides an output report, including the Creative Commons licensing statements needed to release in accordance with NZGOAL. The tool is now behind password protection but I use it when I need to produce an NZGOAL report and licensing statements.


"With this tool, you can undertake the review and release process rapidly, and get the hardcopy and online licensing statements you need in a flash."


NZGOAL

Copyright

Licensing

Have a public law matter in motion?

Happy to jump on Teams or Zoom to talk it through. Just a 15-min chat to see if I'm the right fit.