Estimates of appropriations

Vote Attorney-General - Justice Sector - Estimates 2019/20

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 2019/20 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 $614,000 for departmental capital expenditure, and
  • a total of over $50 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 Appropriations and Forecast Permanent Appropriations#

  2018/19 2019/20
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 20,427 22,337

Total Departmental Output Expenses

22,337 20,427 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.
783 783 614

Total Departmental Capital Expenditure

783 783 614

Multi-Category Expenses and Capital Expenditure

     

Law Officer Functions MCA (M5)

The single overarching purpose of this appropriation is to provide for the discharge of the Law Officers' constitutional and criminal law responsibilities.
48,136 47,516 50,428

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

This category is limited to conducting appeals arising from Crown prosecutions.
3,328 3,278 3,766

Government Legal Network

This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
1,005 694 1,108

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.
4,861 4,602 5,470

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 40,084

Total Multi-Category Expenses and Capital Expenditure

48,136 47,516 50,428

Total Annual Appropriations and Forecast Permanent Appropriations

71,256 68,726 73,379

Capital Injection Authorisations#

  2018/19 2019/20
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Crown Law Office - Capital Injection (M5) - - -

Supporting Information#

Part 1 - Vote as a Whole#

1.1 - New Policy Initiatives

Policy Initiative Appropriation 2018/19
Final Budgeted
$000
2019/20
Budget
$000
2020/21
Estimated
$000
2021/22
Estimated
$000
2022/23
Estimated
$000
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures

Crown Law Office - Capital Injection

Departmental Capital Expenditure
- - - 2,100 -
 

Law Officer Functions MCA

Departmental Output Expenses:
         
  Conduct of Criminal Appeals from Crown Prosecutions - 438 507 545 542
  Government Legal Network - 103 119 129 128
  Law Officer Constitutional and Criminal Law Duties - 667 745 786 783
  Public Prosecution Services - 138 160 173 172
Ensuring the Sustainability of the District Court by Appointing Additional District Court Judges

Law Officer Functions MCA

Departmental Output Expenses:Public Prosecution Services
- 1,004 1,004 1,004 1,004
Improving the Justice Response to Sexual Violence Victims

Law Officer Functions MCA

Departmental Output Expenses:
Public Prosecution Services
- - - 9,482 7,900
Total Initiatives   - 2,350 2,535 14,219 10,529

1.2 - Trends in the Vote

Summary of Financial Activity
  2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
  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 15,346 18,235 19,045 20,177 22,337 20,427 22,337 - 22,337 22,337 22,337 22,337
Benefits or Related Expenses - - - - - - N/A - - - - -
Borrowing Expenses - - - - - - - - - - - -
Other Expenses - - - - - - - - - - - -
Capital Expenditure 95 276 407 221 783 783 614 - 614 418 3,622 341
Intelligence and Security Department Expenses and Capital Expenditure - - - - - - - N/A - - - -
Multi-Category Expenses and Capital Expenditure (MCA)                        
Output Expenses 41,358 42,639 47,338 48,052 48,136 47,516 50,428 - 50,428 50,179 59,763 58,173
Other Expenses - - - - - - - - - - - -
Capital Expenditure - - - - - - N/A - - - - -

Total Appropriations

56,799 61,150 66,790 68,450 71,256 68,726 73,379 - 73,379 72,934 85,722 80,851

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 Annual Appropriations and Forecast Permanent Appropriations and Multi-Year Appropriations in the Details of Appropriations and Capital Injections.

1.3 - Analysis of Significant Trends

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 2021/22 reflects forecast expenditure for leasehold improvements, and furniture and fittings, which are scheduled to be upgraded or replaced.

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
  2018/19 2019/20
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation 22,337 20,427 22,337
Revenue from the Crown - - -
Revenue from Others 22,337 20,427 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
  2018/19 2019/20
Assessment of Performance Final Budgeted
Standard
Estimated
Actual
Budget
Standard
Quantity
     
New Matters
     

Advice

380 - 425 372 380 - 425

Litigation

350 - 400 302 350 - 400

Judicial review

100 - 125 83 100 - 125

Claims before Waitangi Tribunal

35 - 50 155 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
  2018/19 2019/20
  Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

     
Opening Balance at 1 July 109 754 754
Revenue 22,337 20,427 20,427
Expenses (22,337) (20,427) (20,427)
Transfers and Adjustments - - -

Closing Balance at 30 June

109 754 754

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
  2018/19 2019/20
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural - - -
Land - - -
Property, Plant and Equipment 645 645 368
Intangibles 138 138 246
Other - - -

Total Appropriation

783 783 614
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 decrease in this appropriation for 2019/20 is mainly due to the different phasing required for the renewal and replacement of various furniture, office equipment, and computer hardware and software.

Capital Injections and Movements in Departmental Net Assets
Crown Law Office
Details of Net Asset Schedule 2018/19
Estimated Actual
$000
2019/20
Projected
$000
Explanation of Projected Movements in 2019/20
Opening Balance 2,866 2,866  
Capital Injections - -  
Capital Withdrawals - -  
Surplus to be Retained (Deficit Incurred) - -  
Other Movements - -  

Closing Balance

2,866 2,866  

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

Multi-Category Expenses and Capital Expenditure

Law Officer Functions (M5)
Overarching Purpose Statement
The single 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
  2018/19 2019/20
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

48,136 47,516 50,428

Departmental Output Expenses

     
Conduct of Criminal Appeals from Crown Prosecutions 3,328 3,278 3,766
Government Legal Network 1,005 694 1,108
Law Officer Constitutional and Criminal Law Duties 4,861 4,602 5,470
Public Prosecution Services 38,942 38,942 40,084

Funding for Departmental Output Expenses

     

Revenue from the Crown

47,656 47,656 49,734
Conduct of Criminal Appeals from Crown Prosecutions 3,278 3,278 3,716
Government Legal Network 885 885 988
Law Officer Constitutional and Criminal Law Duties 4,571 4,571 4,966
Public Prosecution Services 38,922 38,922 40,064

Revenue from Others

480 403 694
Conduct of Criminal Appeals from Crown Prosecutions 50 - 50
Government Legal Network 120 120 120
Law Officer Constitutional and Criminal Law Duties 290 263 504
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

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
  2018/19 2019/20
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 - 25 30 15 - 30

Accused appeals

600 - 650 670 600 - 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 - 4,000 4,000 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

35 - 55 39 35 - 55

Advice on behalf of the Attorney-General

120 - 160 110 120 - 160

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

15 - 25 9 15 - 25

Criminal advice

5 - 15 5 5 - 15

Judicial reviews

5 - 10 5 5 - 10

Mutual assistance and extraditions

80 - 100 138 100 - 120

Criminal cases (other types)

25 - 40 29 25 - 40

Requests for prosecution appeals and judicial reviews

70 - 110 80 70 - 110
Timeliness
     

Ministerial correspondence on time

100% 97% 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

5,000 - 7,000 6,500 5,000 -7,000

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

4,500 - 5,500 5,200 4,500 - 5,500

Hours of service provided

207,000 - 212,000 220,000 215,000 - 225,000

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

6 6 6
Quality
     

Reviews, quality assessed as exceeding or meeting expected standards

6 6 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
2018/19
Final Budgeted
$000
2019/20
Budget
$000
2020/21
Estimated
$000
2021/22
Estimated
$000
2022/23
Estimated
$000

Current Government

           

Conduct of Criminal Appeals from Crown Prosecutions

           
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 - 438 507 545 542

Government Legal Network

           
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 - 103 119 129 128

Law Officer Constitutional and Criminal Law Duties

           
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 - 667 745 786 783

Public Prosecution Services

           
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 - 138 160 173 172
Ensuring the Sustainability of the District Court by Appointing Additional District Court Judges 2019/20 - 1,004 1,004 1,004 1,004
Improving the Justice Response to Sexual Violence Victims 2021/22 - - - 9,482 7,900

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

           
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 increase in this appropriation for 2019/20 is mainly due to:

  • an increase of $1.346 million in this appropriation to allow Crown Law to meet ongoing operating cost pressures in discharging the Principal Law Officers' constitutional and criminal law responsibilities
  • an increase of $1.004 million in this appropriation to fund the increased work in criminal trials as a result of appointing additional District Court Judges
  • an increase of $241,000 in departmental revenue funded by the Ministry of Foreign Affairs and Trade for the 2019/20 Pacific Islands Law Officers' Network (PILON) Litigation Skills Programme. The programme is facilitated and managed by Crown Law, and offset by
  • an expense transfer of $300,000 from 2017/18 to 2018/19 in this appropriation to manage the timing of developing and publishing stand-alone Solicitor-General guidelines on prosecuting sexual violence cases, and developing training for Crown Solicitors based on the new guidelines.
Memorandum Account
  2018/19 2019/20
  Budgeted
$000
Estimated Actual
$000
Budget
$000

Processing of Queen's Counsel Applications

     
Opening Balance at 1 July 51 50 67
Revenue 50 37 40
Expenses (50) (20) (40)
Transfers and Adjustments - - -

Closing Balance at 30 June

51 67 67