Principal Hearings Case Officer
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Tēnei tūranga – About the role
The purpose of the Principal Hearings Case Officer role is to manage a diverse range of hearings proceedings under, and maintain statutory and regulatory compliance with, the full spectrum of legislation that IPONZ administers. The Principal Hearings Case Officer is also responsible for maintaining and supporting IPONZ Hearings Office practice and policies, applying relevant case law, international treaties, and principles of natural justice.
In addition to having an understanding across the Patents, Trademarks, Design, Plant Variety Rights, Geographical Indications and Copyright legislation, the Principal Hearings Case Officer must have a deep understanding of contentious litigation practice including the formal rules of evidence, High Court processes and rules, principles of natural justice, cross examination, and hearings procedure.
The Principal Hearings Case Officer is also expected to establish and manage effective professional client relationships, act as a second in charge to the Hearings Manager, assist in shaping policy for proceedings, and support and mentor team members.
Ngā herenga – Requirements of the role
Personal specifications
- Experience of at least one, preferably all, IP rights domains (Patents, Trademarks, Design, Plant Variety Rights, Geographical Indications, Copyright) and relevant legislation such as the Oaths and Declarations Act, Evidence Act, and consumer protection legislation.
- A deep understanding of contentious litigation practice including the formal rules of evidence, High Court processes and rules, principles of natural justice, cross examination, and general hearings procedure.
- The ability to understand and interpret case law, and to use it to inform decisions and practice changes.
- The ability to be a lead mentor and coach of team members.
- Strong communication skills and capable of expressing thoughts, information, and ideas in a clear, concise, and appropriate manner.
- Ability to work under high pressure and resist pressure from strong advocates (senior IP lawyers and KC’s), who are acting on behalf of clients with competing interests in respect of high value property rights. Must be able to do so within the boundaries of existing legislation, procedures, and precedents.
- Ability to use time effectively and efficiently to complete tasks within agreed timeframes, and to concentrate effort on important priorities.
- The ability to find common ground and solve problems for the good of the team; can represent own interests and be fair to the team; is seen as a team player and is cooperative; easily gains trust and support of peers.
- Is committed to personal development and understands that different situations and levels may call for different skills and approaches; works to deploy strengths and works on areas for improvement.
- Ability to support the Hearings Manager to develop and refine IPONZ Hearing Office practice and procedures, and to help draft practice guidelines.
Qualifications
- A relevant tertiary qualification in law or science or extensive comparative experience.
Takohanga tuhinga o mua – Key accountabilities and deliverables
Critical areas of success
The Principal Hearings Case Officer will be required to deliver results in the following areas:
- Manages all types of IP proceedings, regardless of complexity, largely independently, and works closely with the Hearings Manager and Assistant Commissioners to resolve complex Hearings issues.
- Takes a holistic view of the entire disputes process to successfully manage interrelated hearings proceedings and wider hearings issues.
- Assesses all types of applications to admit amended pleadings and late evidence.
- Manages complex proceedings through formal case management procedures.
- Proof, check, and issue Assistant Commissioner decisions, and ensure that decisions are issued within required timeframes.
- Write decisions as an Assistant Commissioner for undefended revocation proceedings, and general cost orders.
- Takes a lead role in mentoring and coaching team members.
- Maintains an in-depth knowledge of relevant IP case law and uses it to resolve complex IPONZ proceedings issues, and to inform practice changes both in the Hearings Office and across examination teams.
- Manages key relationships with Assistant Commissioners, examination teams, and key stakeholders and clients.
- Manages the development and maintenance of IPONZ Hearings practice guidelines.
- Contributes to MBIE policy work-streams to improve hearings procedures and requirements in relevant legislation and leads policy input for the hearings team.
- Conducts legal research using NZLII and Westlaw to resolve hearings issues.
Relationship management
- Proactively establishes and maintains effective working relationships with key stakeholders including other functional leaders. Actively builds and manages a network of key stakeholders.
- Leads any engagement programme(s) with identified influencers and key clients.
- Demonstrates an understanding of, and focus on, meeting customer needs, and actively looks for opportunities and synergies with internal and external stakeholders.
- Develops effective working relationships with other MBIE managers and staff in order to transfer knowledge and learning to the team and wider organisation.
Personal leadership
- Understands the work of colleagues and demonstrates sound influencing skills in an advisory/coaching role enabling improved stakeholder engagement outcomes.
- Demonstrates leadership through effective management of issue resolution and reactive communications planning when necessary.
- Creates a sense of vision, engages, and motivates people to participate and make things happen.
- Participates as an active team member and contributes knowledge and expertise needed to achieve MBIE’s outcomes.
Wellbeing, health & safety
- Displays commitment through actively supporting all safety and wellbeing initiatives.
- Ensures own and others safety at all times.
- Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
- Reports all incidents/accidents, including near misses in a timely fashion.
- Is involved in health and safety through participation and consultation.
Tō tūranga i roto i te Manatū – Your place in the Ministry
The Principal Hearings Case Officer position reports to the Manager Business Delivery in IPONZ, in the Business & Consumer branch. The branch sits within the Te Whakatairanga Service Delivery group.
To mātou aronga – What we do for Aotearoa New Zealand
Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.
To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.
As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).
Ngā matatau – Our competencies
Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.
Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.
Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.
Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.
Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.
Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.
Te Tiriti o Waitangi
As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.
Mahi i roto i te Ratonga Tūmatanui – Working in the public service
Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.
In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.
What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission
