Profiles
Fiona Lincoln
Associate Parliamentary Counsel
Studied law as a mature student, 21 months at New Zealand Law Commission, drafter since 2008.
For me, drafting is the perfect blend of arts and science. On the arts side, it's great to work in a place where everyone is intensely interested in—and often keen to argue about!—the use of language and the meaning of words. On the science side, our work has to be accurate and precise. We use what we know (existing law and drafting precedents) to hypothesise about what we don't know (how the laws we write will be applied in practice).
"Every drafting assignment is different and has its own challenges"
The work requires patience and the ability to communicate constructively with others, sometimes about technical and unfamiliar areas of law. Policy approvals can be very general, and it can take concentrated effort and negotiation with an instructing department to uncover the fine details of what is required. We have to look into all the corners and under all the beds of a set of drafting instructions, so that we don't write laws that have unexpected consequences.
I also enjoy steering drafts through the parliamentary process, which involves understanding the process as well as being prepared to cope with things that don't go according to plan, as both policy and deadlines can change at short notice.
Every drafting assignment is different and has its own challenges, but that means that I learn something new every day.
Julie Melville
Parliamentary Counsel, Drafting Team Manager
Two years in a commercial law firm in England, drafter since 1986.
My first exposure to drafting law as a career was reading a Civil Service pamphlet about it when I was in the UK. That planted the idea in my mind. When I eventually arrived in Wellington it seemed logical to consider it as a possible career option.
I think you have to be a particular sort of person to succeed in the job. I had always enjoyed drafting large commercial contracts and the attention to detail that this required. But a Parliamentary Counsel also needs a creative streak to devise effective structures and patterns for each draft. And actually steering drafts through the process of discussion and debate with Government departments and through the Select Committee needs drive, commitment, and vision. You get very close to governmental processes and see how the decisions that affect this country's future are made.
"You get very close to governmental processes and see how the decisions that affect this country's future are made"
The job is wide ranging. For example, in my career here I've drafted Bills relating to the environment, the dairy industry, and the provision of accident compensation insurance. We are divided into three teams that specialise in certain types of legislation, so now I work mainly on commercial law such as commerce, electricity, securities, and Crown entities. You have to remain politically neutral when drafting the law, but you do get to the end of some projects—like the Parental Leave and Employment Protection Act 1987—and feel you have made a positive social impact.
Successful drafting depends on teamwork both within and outside the office, but you still retain a lot of independence in how you choose to work.
Shane Williams
Parliamentary Counsel
Five years at large commercial law firm, one year at Crown Law Office, drafter since 2006.
I realised I loved drafting when I helped draft a deed to settle Treaty of Waitangi claims. Working at the PCO is a dream job if you enjoy legal drafting. Every day you have more word puzzles to solve.
"As you get more experience, it's satisfying to feel your personal style developing"
The office has three drafting teams which focus on particular areas of the law. My team covers things like animals, the environment, employment, and land. I've drafted Bills on public walking access, resource management, waste minimisation, and Treaty settlements. I've also drafted many regulations. Some of these are more tricky than the simpler Bills.
The PCO provides training and guidance to help develop drafters' skills. As you get more experience, it's satisfying to feel your personal style developing. I particularly like trying to express difficult concepts and relationships as plainly and as simply as possible. Plain language drafting is strongly encouraged here.
Jacqueline Derby
Parliamentary Counsel
16 months in a major law firm, 18 months as legal adviser in Law reform Division of Ministry of Justice, drafter since 1991.
I had always enjoyed the drafting side of the other jobs that I had done. I like working out the structure, converting ideas into words and the process of refining the draft.
The creative challenge of a Parliamentary Counsel is to make legislation clear and legally effective. Our role is about understanding new policy and working with Government departments to make that policy a legal reality.
I enjoy working in Government. It encompasses such variety. I have worked on the Customs and Excise Act 1996, the International War Crimes Tribunals Act 1995, the Extradition Act 1999, and the Sentencing Act 2002, which I find a particularly interesting area.
"The creative challenge of a Parliamentary Counsel is to make legislation clear and legally effective"
An individual working style is possible here, so you can and you should put your stamp on how you operate. It's a great physical environment too. If you're interested in legislative work, you can't beat the knowledge you find here.
You are encouraged to drive your own personal development and identify the areas where you want to improve. I also have some involvement in training new drafters. There is a constant exchange of knowledge and ideas which I value.
