Estimates of appropriations

Vote Attorney-General - Justice Sector - Estimates 2018/19

Formats and related files

Vote Attorney-General#

APPROPRIATION MINISTER(S): Attorney-General (M5)

APPROPRIATION ADMINISTRATOR: Crown Law Office

RESPONSIBLE MINISTER FOR CROWN LAW OFFICE: Attorney-General

Overview of the Vote#

The Attorney-General is responsible for appropriations in the Vote for the 2018/19 financial year covering the following:

  • a total of just over $22 million for the provision of legal advice and representation services to central government departments and Crown agencies
  • a total of $783,000 for departmental capital expenditure, and
  • a total of nearly $48 million to provide for the discharge of the Law Officers' constitutional and criminal law responsibilities, including conducting appeals arising from Crown prosecutions; developing the collective capability, effectiveness and efficiency of government lawyers; providing assistance to the Principal Law Officers in the exercise of their functions; and the provision and supervision of a national Crown prosecution service.

Details of these appropriations are set out in Parts 2-4.

Details of Appropriations and Capital Injections#

Annual and Permanent Appropriations#

  2017/18 2018/19
Titles and Scopes of Appropriations by Appropriation Type Final
Budgeted
$000
Estimated
Actual
$000
Budget
$000

Departmental Output Expenses

     

Legal Advice and Representation (M5)

Providing legal advice and representation services to central government departments and Crown agencies.
22,337 19,685 22,337

Total Departmental Output Expenses

22,337 19,685 22,337

Departmental Capital Expenditure

     

Crown Law Office - Capital Expenditure PLA (M5)

This appropriation is limited to the purchase or development of assets by and for the use of the Crown Law Office, as authorised by section 24(1) of the Public Finance Act 1989.
566 566 783

Total Departmental Capital Expenditure

566 566 783

Multi-Category Expenses and Capital Expenditure

     

Law Officer Functions MCA (M5)

The overarching purpose of this appropriation is to provide for the discharge of the Law Officers' constitutional and criminal law responsibilities.
48,608 48,549 47,816

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

This category is limited to conducting appeals arising from Crown prosecutions.
3,328 3,328 3,328

Government Legal Network

This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
985 985 985

Law Officer Constitutional and Criminal Law Duties

This category is limited to providing assistance to the Principal Law Officers in the exercise of their functions, and providing advice on constitutional, criminal law, mutual assistance and extradition matters.
5,353 5,294 4,561

Public Prosecution Services

This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
38,942 38,942 38,942

Total Multi-Category Expenses and Capital Expenditure

48,608 48,549 47,816

Total Annual and Permanent Appropriations

71,511 68,800 70,936

Capital Injection Authorisations#

  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Crown Law Office - Capital Injection (M5) - - -

Supporting Information#

Part 1 - Vote as a Whole#

This part provides trend information for the vote.

Summary of Financial Activity#

  2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22
  Actual
$000
Actual
$000
Actual
$000
Actual
$000
Final Budgeted
$000
Estimated
Actual
$000
Departmental
Transactions
Budget
$000
Non-
Departmental
Transactions
Budget
$000
Total
Budget
$000
Estimated
$000
Estimated
$000
Estimated
$000

Appropriations

                       
Output Expenses 16,601 15,346 18,235 19,045 22,337 19,685 22,337 - 22,337 22,337 22,337 22,337
Benefits or Related Expenses - - - - - - N/A - - - - -
Borrowing Expenses - - - - - - - - - - - -
Other Expenses - - - - - - - - - - - -
Capital Expenditure 452 95 276 407 566 566 783 - 783 3,858 379 499
Intelligence and Security Department Expenses and Capital Expenditure - - - - - - - N/A - - - -
Multi-Category Expenses and Capital Expenditure (MCA)                        
Output Expenses 42,910 41,358 42,639 47,338 48,608 48,549 47,816 - 47,816 48,058 47,624 47,624
Other Expenses - - - - - - - - - - - -
Capital Expenditure - - - - - - N/A - - - - -

Total Appropriations

59,963 56,799 61,150 66,790 71,511 68,800 70,936 - 70,936 74,253 70,340 70,460

Crown Revenue and Capital Receipts

                       
Tax Revenue - - - - - - N/A - - - - -
Non-Tax Revenue - - - - - - N/A - - - - -
Capital Receipts - - - - - - N/A - - - - -

Total Crown Revenue and Capital Receipts

- - - - - - N/A - - - - -

Note - where restructuring of the vote has occurred then, to the extent practicable, prior years information has been restated as if the restructuring had occurred before the beginning of the period covered. In this instance Total Appropriations for the Budgeted and Estimated Actual year may not equal Total Appropriations in the Details of Appropriations and Capital Injections.

The increase in the multi-category appropriation for 2016/17 and subsequent years reflects the permanent establishment of the Government Legal Network from 1 July 2016, and the adoption of a sustainable fee model for Crown prosecution services.

The increase in the capital expenditure in 2019/20 reflects forecast expenditure for leasehold improvements, and furniture and fittings, which are scheduled to be upgraded or replaced at the end of the lease period.

Part 2 - Details of Departmental Appropriations#

2.1 - Departmental Output Expenses#

Legal Advice and Representation (M5)

Scope of Appropriation
Providing legal advice and representation services to central government departments and Crown agencies.
Expenses and Revenue
  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation 22,337 19,685 22,337
Revenue from the Crown - - -
Revenue from Others 22,337 18,883 22,337
What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve improved management of Crown legal risk and better policy decisions informed by legal implications.

How Performance will be Assessed and End of Year Reporting Requirements
  2017/18 2018/19
Assessment of Performance Final Budgeted
Standard
Estimated
Actual
Budget
Standard
Quantity
     
New Matters
     

Advice

380 - 425 374 380 - 425

Litigation

350 - 400 357 350 - 400

Judicial review

90 - 125 122 100 - 125

Claims before Waitangi Tribunal

25 - 50 47 35 - 50
Quality
     

Responses to the client survey that consider the advice and services received overall are good to excellent

90% 90% 90%

Responses to the client survey that consider the responsiveness, relevancy, accuracy, and clarity of advice are good to excellent

90% 90% 90%

Written opinions and advice that are peer reviewed

80% 80% 80%
Timeliness
     

Responses to the client survey that consider timeliness in responding to requests are good to excellent

85% 80% 85%

Written opinions/advice (final or draft) completed by the due date

85% 80% 85%

Litigation Management Plans completed by the due date

80% 80% 80%
Value for Money
     

Percentage of responses to the client survey that consider the service received represents value for money is good or excellent

95% 90% 95%
End of Year Performance Reporting

Performance information for this appropriation will be reported by the Crown Law Office in the Annual Report.

Memorandum Account
  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

     
Opening Balance at 1 July 1,038 911 109
Revenue 22,337 18,883 22,337
Expenses (22,337) (19,685) (22,337)
Transfers and Adjustments - - -

Closing Balance at 30 June

1,038 109 109

2.3 - Departmental Capital Expenditure and Capital Injections#

Crown Law Office - Capital Expenditure PLA (M5)#

Scope of Appropriation

This appropriation is limited to the purchase or development of assets by and for the use of the Crown Law Office, as authorised by section 24(1) of the Public Finance Act 1989.

Capital Expenditure

  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural - - -
Land - - -
Property, Plant and Equipment 510 510 533
Intangibles 56 56 250
Other - - -

Total Appropriation

566 566 783

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the renewal and replacement of life-expired assets in support of the delivery of the Crown Law Office's services.

How Performance will be Assessed and End of Year Reporting Requirements

Expenditure is in accordance with the department's capital asset management intentions in order to maintain service levels.

End of Year Performance Reporting

Performance information for this appropriation will be reported by the Crown Law Office in the Annual Report.

Reasons for Change in Appropriation

The increase in this appropriation for 2018/19 is mainly due to the replacement of furniture, office equipment, and systems and software enhancements.

Capital Injections and Movements in Departmental Net Assets

Crown Law Office

Details of Net Asset Schedule 2017/18
Estimated Actual
$000
2018/19
Projected
$000
Explanation of Projected Movements in 2018/19
Opening Balance 3,023 2,221  
Capital Injections - -  
Capital Withdrawals - -  
Surplus to be Retained (Deficit Incurred) (802) - Forecast reduction in memorandum account balances for 2017/18.
Other Movements - -  

Closing Balance

2,221 2,221  

Part 4 - Details of Multi-Category Expenses and Capital Expenditure#

Multi-Category Expenses and Capital Expenditure#

Law Officer Functions (M5)

Overarching Purpose Statement
The overarching purpose of this appropriation is to provide for the discharge of the Law Officers' constitutional and criminal law responsibilities.
Scope of Appropriation

Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals arising from Crown prosecutions.
Government Legal Network
This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
Law Officer Constitutional and Criminal Law Duties
This category is limited to providing assistance to the Principal Law Officers in the exercise of their functions, and providing advice on constitutional, criminal law, mutual assistance and extradition matters.
Public Prosecution Services
This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
Expenses, Revenue and Capital Expenditure
  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

48,608 48,549 47,816

Departmental Output Expenses

     
Conduct of Criminal Appeals from Crown Prosecutions 3,328 3,328 3,328
Government Legal Network 985 985 985
Law Officer Constitutional and Criminal Law Duties 5,353 5,294 4,561
Public Prosecution Services 38,942 38,942 38,942

Funding for Departmental Output Expenses

     

Revenue from the Crown

47,949 47,949 47,356
Conduct of Criminal Appeals from Crown Prosecutions 3,278 3,278 3,278
Government Legal Network 885 885 885
Law Officer Constitutional and Criminal Law Duties 4,864 4,864 4,271
Public Prosecution Services 38,922 38,922 38,922

Revenue from Others

659 600 460
Conduct of Criminal Appeals from Crown Prosecutions 50 50 50
Government Legal Network 100 100 100
Law Officer Constitutional and Criminal Law Duties 489 430 290
Public Prosecution Services 20 20 20
What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve, or support the achievement of, improved criminal justice, maintain strong legal institutions, and strengthen the influence of the rule of law.

How Performance will be Assessed for this Appropriation
  2017/18 2018/19
Assessment of Performance Final Budgeted
Standard
Estimated
Actual
Budget
Standard
Quality
     

Attorney-General's responses to a questionnaire about service provided by Crown Law are good or excellent

90% 90% 90%

Performance for this appropriation will be assessed in more detail against the service delivery measures for each individual category within the appropriation.

What is Intended to be Achieved with each Category and How Performance will be Assessed
  2017/18 2018/19
Assessment of Performance Final Budgeted
Standard
Estimated
Actual
Budget
Standard

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

     

This category is intended to achieve safer communities, reduced impact of crime and related justice sector outcomes.

     
Quantity
     
New matters
     

Crown appeals

15 - 30 20 15 - 25

Accused appeals

550 - 600 605 600 - 650
Quality
     
Effectiveness
     

Percentage of Crown appeals concluded in favour of the Crown

60% 60% 60%

Government Legal Network

     

This category is intended to enable the Crown to improve the value generated from the collective resources of the Government Legal Network.

     
Quantity
     

Number of individual CPD-compliant hours delivered annually to the GLN lawyers

3,500 3,900 3,500 - 4,000

Number of reports submitted to the Attorney-General under the GLN Legal Risk Reporting System

4 4 4
Quality
     

Chief Legal Advisors consider GLN team engagement and communications are good to excellent

80% 80% 80%

Lawyers registered on GLN Online consider GLN activities and opportunities for participation are good to excellent

70% 70% 70%

The Attorney-General is satisfied with the GLN Legal Risk Reporting System

Yes Yes Yes

Law Officer Constitutional and Criminal Law Duties

     

This category is intended to achieve increased trust in the justice system through the performance of the Principal Law Officers' constitutional and other duties.

     
Quantity
     
New Matters
     

Applications processed on behalf of the Attorney-General

30 - 60 45 35 - 55

Advice on behalf of the Attorney-General

100 - 150 129 120 - 160

Litigation on behalf of the Law Officers (Attorney-General and/or Solicitor-General)

5 - 10 20 15 - 25

Criminal advice

10 - 35 5 5 - 15

Judicial reviews

2 - 5 9 5 - 10

Mutual assistance and extraditions

60 - 100 98 80 - 100

Criminal cases (other types)

40 - 60 15 25 - 40

Requests for prosecution appeals and judicial reviews

40 - 90 66 70 - 110
Timeliness
     

Ministerial correspondence on time

100% 100% 100%

Responses to Parliamentary questions on time

100% 100% 100%

Official Information Act 1982 and Privacy Act 1993 responses on time

100% 96% 100%

Public Prosecution Services

     

This category is intended to achieve safer communities, reduced impact of crime and related justice sector outcomes.

     
Quantity
     

New Crown prosecutions including appeals to the High Court from non-Crown prosecutions

4,500 - 5,500 5,300 5,000 -7,000

Crown prosecutions, including appeals to the High Court from non-Crown prosecutions, disposed of

4,500 - 5,000 4,600 4,500 - 5,500

Hours of service provided

207,000 - 212,000 205,000 207,000 - 212,000

Number of quality assurance reviews (full network is reviewed on rotation every three years)

5 5 6
Quality
     

Reviews, quality assessed as exceeding or meeting expected standards

5 5 6

Improvement recommendations implemented within timeframes set greater than

90% 90% 90%
End of Year Performance Reporting

Performance information for this appropriation will be reported by the Crown Law Office in the Annual Report.

Current and Past Policy Initiatives
Policy Initiative Year of
First
Impact
2017/18
Final Budgeted
$000
2018/19
Budget
$000
2019/20
Estimated
$000
2020/21
Estimated
$000
2021/22
Estimated
$000

Previous Government

           

Government Legal Network

           
Permanent establishment of the Government Legal Network 2016/17 885 885 885 885 885

Law Officer Constitutional and Criminal Law Duties

           
Improving Justice response to victims of sexual violence 2017/18 300 - - - -
Share of costs for Budget 2015 whole-of-Government initiatives 2015/16 (85) (85) (85) (85) (85)

Public Prosecution Services

           
Increased funding to sustain Crown prosecution services 2016/17 4,922 4,922 4,922 4,922 4,922
Reasons for Change in Appropriation

The decrease in this appropriation for 2018/19 is mainly due to:

  • discontinuation of one-off funding of $300,000 approved through the Justice Sector Fund round one 2017/18 initiatives for developing and publishing stand-alone Solicitor-General guidelines on prosecuting sexual violence cases, and developing training for Crown prosecutors based on the new guidelines
  • an expense transfer of $293,000 from 2016/17 to 2017/18 in this appropriation to manage the timing of significant cases across years, and
  • a decrease of $199,000 in departmental revenue funded by the Ministry of Foreign Affairs and Trade for the 2018/19 Pacific Islands Law Officers' Network (PILON) Litigation Skills Programme. The programme is facilitated and managed by Crown Law.
Memorandum Account
  2017/18 2018/19
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Processing of Queen's Counsel Application

     
Opening Balance at 1 July 40 51 51
Revenue 50 50 50
Expenses (50) (50) (50)
Transfers and Adjustments - - -

Closing Balance at 30 June

40 51 51