“The Solicitor-General is the Government’s chief law officer. She of all people should be following the rules, not ignoring them,” said Fleur Fitzsimons, National Secretary of the Public Service Association Te Pūkenga Here Tikanga Mahi.
“Crown Law staff were given just nine working days to respond to a 30-page proposal that redraws the agency’s leadership, breaks up its criminal team and changes how core constitutional work is done. Requests for more time were refused, even though many staff were in court or preparing for hearings.
“The Solicitor-General claims only four out of 200 staff are affected. That’s simply not credible. This is a significant organisational redesign that reshapes the work of most people at Crown Law, and the collective agreement requires genuine consultation before any decision is made. That hasn’t happened.
“It’s also disappointing that the Solicitor-General has declined to meet the PSA to discuss our concerns.”
The process has been marked by:
– the shortest consultation periods in the public sector in recent years (nine working days), with extensions refused
– feedback sessions cut from an hour to 30 minutes, moved online, and staff told to give feedback rather than ask questions
– an all-staff email from the Solicitor-General on the first day of consultation admonishing staff for the way they asked questions
– no mention of Māori staff in the proposal, despite collective agreement commitments to involve Māori employees in designing how the organisation works
– A PSA representative being ordered out of a staff meeting on 20 October by the CE, despite attending at members’ request.
“Throwing out the union representative workers asked to be there is a clear breach of good faith and of the partnership Crown Law has signed up to in its collective agreement,” said Fitzsimons.
“Staff have also raised serious concerns about prosecutorial independence. Spreading criminal work across several deputies, including those who represent ministers in court, risks undermining public confidence that prosecutions are independent of government. That deserves careful scrutiny, not a rush job.
“And all of this is being pushed through in the middle of an election campaign. There’s no good reason to rush changes to the Crown’s law office days before New Zealanders vote.”
The PSA is asking the Authority to:
– find that Crown Law has breached the collective agreement and the duty of good faith
– order Crown Law to meet its consultation and relationship obligations before any decision is made on the proposal.
The PSA has sought an urgent time-bound direction to mediation from the Authority and a priority hearing if the matter is not settled.
“We’re asking the Authority to hit pause so this is done properly. Crown Law staff do vital work upholding the rule of law for every New Zealander. They deserve to be heard,” said Fitzsimons.
Background on Crown Law change proposal
– Issued to staff on 13 October
– Was not shared before with PSA
– Main impact was disestablishing two Deputy Solicitor-General (DSG) roles (Office of the Attorney-General and Criminal) and replacing those roles with three new DSG roles (Law Officer and Cabinet; Government Legal System; and Prosecution Advocacy).
– DSG Prosecution Advocacy to be based in Auckland
– PSA says impact on staff “wide ranging and significant”
– Nine working days for staff feedback
