Plain language law

New Zealand law explained for everyone

Constitution Act 1986

The Executive

9B: Appointment of person to act in place of Solicitor-General

You could also call this:

"The Governor-General can choose a lawyer to fill in for the Solicitor-General if they are away or can't work."

Illustration for Constitution Act 1986

The Governor-General can appoint a lawyer to act in place of the Solicitor-General. You need to be a lawyer with at least 7 years of experience to be appointed. This can happen when the Solicitor-General is away from work or cannot do their job, or when the Solicitor-General's position is empty. If someone is appointed to act in place of the Solicitor-General, what they do is assumed to be correct unless proven otherwise. The Governor-General makes this appointment, and it is part of the Constitution Act 1986, which was amended by the Constitution Amendment Act 1999.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94225.

Topics:
Government and voting > Government departments
Previous

9A: Solicitor-General may perform functions of Attorney-General, or

"The Solicitor-General can help the Attorney-General by doing their job when needed."

Next

9C: Delegation of powers of Attorney-General and Solicitor-General, or

"The government's top lawyers can pass on some of their tasks to deputies, with some conditions."

Part 2The Executive

9BAppointment of person to act in place of Solicitor-General

  1. The Governor-General may appoint a barrister or solicitor of at least 7 years' practice to act—

  2. in place of, or for, the Solicitor-General during the absence from office of the Solicitor-General or if the Solicitor-General is incapacitated in a way that affects the performance of his or her duties; or
    1. during a vacancy in the office of Solicitor-General.

      1. The performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the authority of that person to do so.

      Notes
      • Section 9B: inserted, on , by section 3 of the Constitution Amendment Act 1999 (1999 No 86).