Thursday 16 May 2013

Decision Maker for QCs Recommends Himself

The Attorney General Chris Finlayson passes applications for QC on to the Governor General for appointment to silk, following a process of consultation. As he himself was recently appointed a QC this must mean he recommended himself? As the Guidelines say, "Pursuant to regulation 4 of the Queen’s Counsel Regulations 2012 appointments are made on the recommendation of the Attorney-General and with the concurrence of the Chief Justice of New Zealand." 

There is a precedent for similar behaviour. From memory I am pretty certain that then Prime Minister Rob Muldoon effectively awarded himself a knighthood. 


For completeness, the relevant section of the Guidelines states:
 


"QUEEN’S COUNSEL – GUIDELINES 
FOR CANDIDATES 
2013 
Introduction 
The rank of Queen’s Counsel is awarded to barristers sole who have demonstrated excellence 
in their careers as litigators. The standard is high and will not be reached merely by 
completing a certain number of years in practice. Candidates are encouraged to consider 
carefully and to consult with senior colleagues before submitting an application. 
These Guidelines are issued by the Attorney-General and Chief Justice pursuant to 
regulation 5 of the Lawyers and Conveyancers Act (Lawyers: Queen’s Counsel) Regulations 
2012. 
These Guidelines outline the criteria for appointment and provide information on the 
qualifications and experience that should be possessed by lawyers seeking appointment as 
Queen’s Counsel and the process by which candidates will be recommended for appointment. 
Appointments 
Appointments to Queen’s Counsel are made by the Governor-General, by Letters Patent, 
under the Royal prerogative. Pursuant to regulation 4 of the Queen’s Counsel Regulations 
2012 appointments are made on the recommendation of the Attorney-General and with the 
concurrence of the Chief Justice of New Zealand. 
To be considered for appointment candidates must be barristers sole specialising in litigation. 
Queen’s Counsel are required to continue to practise independently, as barristers sole."

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