The longtime public servant turned barrister highlights the greater readiness to challenge decision makers in public law
In February, Una Jagose KC stepped down as New Zealand’s Solicitor-General (Te Rōia Mātāmua o te Karauna o Aotearoa), determining that after 10 years, the time was right to move on to her next role. Last month, she officially began at the independent bar, commencing with Clifton Chambers, and is finding the more relaxed schedule a welcome change.
“Ten years as Solicitor-General was the culmination of 30-something years of working in the public service, and it was necessary to take time to ease into the next thing, with time for reflection on what has gone before”, she told NZ Lawyer. “Everybody's advice to me has been just to settle in and not to take on too much. I had a couple of months of not thinking about work, going on holiday, and being at home. It was really good time for me to reflect”.
Jagose found herself drawn to Clifton Chambers due to its reputation as well as the firsthand experience of having worked with some of the barristers in its set.
“They're a well-regarded set of barristers – great advocates, advisors across different areas of law, some I am familiar with and some I am not. During early discussions, it felt like a place where I could sit amongst well-respected colleagues”, she told NZ Lawyer. “After so many years of being in a big government department office, I wanted a chambers that I could see combined collegiality with excellence in law. Clifton felt like the right fit”.
Over the decades she has worked in public law, Jagose has seen the sector evolve in interesting ways.
“There is much more readiness to challenge public law decision makers, whether through court processes, an ombudsman or an auditor general. There's also been enormous development of the law under New Zealand Bill of Rights Act since its enactment in 1990”, she noted.
Jagose explained that the Act’s development in terms of guaranteed individual rights and freedoms has highlighted its power in relation to how the arms of government operate and how it shapes the means through which public law decision makers can be held accountable. For her, this area of the law impacts an entire system.
“The regulation and the oversight of the State's exercise of power is endlessly fascinating because it’s also about how our communities and society works. I've always really enjoyed the insight that this practice of law gives me into how this country runs - a democratic government according to law”, she told NZ Lawyer. “It is exciting to have one of the foundational planks of our country, the very constitutional framework that we are familiar with operating around us - Te Tiriti, the Treaty of Waitangi and other elements of the constitution - being part of my day-to-day legal work”.
“Governments and democratic systems rely on scrutiny from the other two branches, the judiciary and the Parliament for their continued credibility. So you end up with a mix of society, law, history and philosophy on your desk”, she said.
Jagose believes that it’s important to approach law with a sense of openness to other perspectives.
“I think that's critical to being a good human and a good lawyer - being open to different ways of thinking about things doesn't mean you have to fold or that you can't continue to argue your client's case strongly, but it will let you see the pitfalls early”, she told NZ Lawyer. “Often in the heat of legal matters that are right at the edge of either going to a hearing or settlement, you can forget to stand back and think, ‘what's the wider perspective I might need here?’ That was something that I was able to draw on very readily, being part of a big organisation, that I know I will need to put in place for myself at the independent bar”.
Having been a public figure for the past decade or so, Jagose has made her voice heard when it comes to the importance of the rule of law and opportunities for women in law.
“I hope that I've been an example of what it looks like to have a senior role, and to do it with humility and professionalism as so many other Solicitors-General before me have done”, she said.
