Senior Legal Counsel (Litigation)

POSITION DESCRIPTION Senior Legal Counsel, Enforcement KARAKA OUR VISION More New Zealanders than ever believe the financial services sector is working well for them.

OUR PURPOSE To foster the fairest financial sector in the world. As New Zealand's conduct regulator for the finance sector, the Financial Markets Authority (FMA) promotes and facilitates the development of fair, efficient, and transparent financial markets.

With us, you'll be making a difference by enabling New Zealanders to have confidence that our financial sector provides a strong foundation for their financial future – helping them to save and invest, manage their risks, borrow, make payments, and support their families.

Our role (and yours) is to oversee a market that does right by consumers and participants alike, ensuring better outcomes for all New Zealanders by building confidence, participation, and efficiency in our financial markets.

OUR VALUES Open Hearts, Open Minds: We say what we mean, we are mindful, and we do the right thing. We are approachable, empathetic and demonstrate manaaki and humility. We are authentic and seek the best outcomes.

Make the Calls: We act with confidence and mana, we are decisive and trust our judgment. We think outside the box, take responsibility and stand by our decisions.

Look to the Horizon: We are nimble, proactive and willing to adapt. We anticipate the future, embrace change and champion innovation. We look with confidence to the challenges ahead.

Help the Team Work: We act as one FMA, seek out new perspectives and build consensus. We encourage participation, share knowledge and nurture relationships.

Function Response & Enforcement Direct Reports: N/A

Team: Enforcement KARAKA

Location: Auckland/Wellington

Reporting to: Manager, Enforcement KARAKA

Salary Band: 6S



FUNCTION PURPOSE The Response and Enforcement group determines, with a high degree of collaboration, the appropriate FMA response to actions and behaviours of market participants, including investigation and enforcement in cases of misconduct, to enable the FMA's strategic objectives: Perimeter and Response.

This team is tasked with developing an appropriate response to issues and potential issues arising within and outside the FMA's remit, for licensed and unlicensed entities, and sourced from the team's own work; or which are referred internally by specialist domain teams; or are referred by external parties (including market manipulation and insider trading). Perimeter and Response carries out assessment and conduct triage activities which determine what response is appropriate, including use of regulatory tools and escalation through to investigations and/or enforcement.

Evidence and Investigations: Conduct forensic investigations, case management and collect and manage evidence relating to potential breaches of financial markets legislation.

Enforcement: Supporting the investigations process, the team of legal specialists and litigators carries out enforcement action where there is evidence of breaches of legislation, provides legal analysis and advice and manages the litigation process.

POSITION PURPOSE The purpose of this position is to provide legal advice and expertise in relation to investigations, litigation and other enforcement action to ensure FMA's enforcement function reinforces the FMA's reputation as a strong, effective, proactive and respected organization.



KEY RESPONSIBILITIES Provision of high quality legal advice and litigation expertise to ensure FMA's enforcement goals are achieved. Provide expert input into wider FMA projects, discussion groups and committees as required. Take on a project manager/leadership role on larger and/or significant projects where opportunities arise. Providing input and advice to the investigation team on active investigations. Drafting instructions to external Counsel and experts, drafting Court documents as required. Advocacy where the opportunity arises, including appearing at Financial Advisors Disciplinary Committee hearings. Championing team projects. Providing internal training sessions for the team or the wider organisation. Undertake and deliver one-off projects as required. RELATIONSHIPS Work as a 'virtual team' with other members of the Enforcement team located in other cities. Act as a role model and mentor for more junior members of the legal team. Work closely with Investigations teams in a collaborative, efficient manner on active cases. Facilitate positive working relationships and identify opportunities for collaboration between others in the organisation to promote a connected-organisational approach. Develop positive relationships with external parties that further the goals of FMA. The delegations for this position are specified in FMA's Delegations Policy and Framework. From time to time the job holder may be expected to perform other such duties within their experience and capabilities in response to the changing nature of our work environment.



KEY COMPETENCIES Shows drive, enthusiasm, self-motivation, confidence, and initiative independent of direction from others. Demonstrates a sound and pragmatic approach to interpreting and applying legislation. Leads and empowers others – encourages others to extend themselves and exercise their thinking and decision-making skills. Is accessible – gets out and about and talks to people. Takes a well-considered, forward thinking and planned approach, but responds with agility and flexibility to change. Thinks creatively around issues and makes a positive contribution to solution development and implementation. Acts with utmost integrity consistent with FMA's role as a regulator and model litigant. Is respectful of others – treats others with consideration, consistency, openness and honesty. PREREQUISITES Knowledge / Experience / Skills: At least 8 years' + post admission experience in litigation work. Financial services industry knowledge and experience gained in a law firm and/or corporate environment. Working knowledge of civil procedure (essential) and criminal procedure (desirable). Excellent knowledge of laws and regulations relevant to the financial sector. Strong analytical, critical thinking and reasoning skills. Excellent written and oral communication skills. Strong self-management skills – sound social judgement, mature and professional conduct, and an ability to effectively manage stress. Well-developed planning and organising skills, including the ability to maintain performance when under pressure, and consistently deliver on time and to a good standard. Qualifications: Tertiary qualification in law, Honours degree desirable. Commerce or business degree desirable. Current practicing certificate (or entitlement to one).


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