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Hits and misses on rights

New Zealand Listener

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November 11 - 17, 2023

There is one key arm of government that receives little attention come election time and that is the role of the Attorney-General.

- David Harvey

Hits and misses on rights

The Attorney-General is the government's principal legal adviser in the course of decision-making, with an overriding responsibility to act in the public interest.

The holder of the office has an obligation to act on some matters independently, without the political partisanship sometimes associated with other ministerial offices. The Attorney-General is a political figure who occupies an apolitical role.

He or she also acts as a gatekeeper between the executive (the arm of government responsible for the day-to-day running of the country), Parliament and the judiciary.

A particular responsibility is to protect the judiciary from improper and unfair public criticism: for example, by addressing attacks on judges' decisions and by discouraging other ministers from engaging in improper attacks or criticism. When political and media criticism of the courts or a court decision threatens to undermine public confidence in the courts, at that point the Attorney-General should assert him or herself.

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