Vote Courts - Justice Sector - Estimates 2017/18

Overview of the Vote#

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The Minister for Courts is responsible for appropriations in Vote Courts for the 2017/18 financial year, covering the following:

• a total of nearly $456 million (64% of the Vote) on purchasing services (mostly support for managing cases, claims and applications through courts and tribunals, and the collection and enforcement of fines and civil debts) from the Ministry of Justice
• a total of nearly $110 million (15% of the Vote) on purchasing services from non-departmental providers. The major part of the appropriation covers costs incurred under various Acts, and
• a total of nearly $151 million (21% of the Vote) on non-departmental expenditure to cover Judges', Coroners' and Community Magistrates' salaries and allowances.

The imposition of over $133 million of fines, offender levies, contributions towards lawyer for child costs, and other penalties imposed through the courts is expected during the 2017/18 financial year.

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

Details of Appropriations and Capital Injections#

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Annual and Permanent Appropriations#

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Supporting Information#

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Part 1 - Vote as a Whole#

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1.1 - New Policy Initiatives

1.2 - Trends in the Vote

Summary of Financial Activity

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.

Adjustments to the Summary of Financial Activity Table Due to Vote Restructuring

 

The prior year information in the Summary of Financial Activity table has been restated to reflect the current Vote structure.

1.3 - Analysis of Significant Trends

Total Vote: All Appropriations

Output Expenses

Departmental output expenses are forecasted to increase from $438 million in 2016/17 to $456 million in 2017/18. This is mainly due to funding received to:

• support initiatives such as the Safe, Confident and Resilient Communities: Investing in Policing

• increase capacity and capability in courts: Health, Safety, Security, and Emergency Management

• increase capacity and capability in the justice system, and
• fund the Christchurch Justice and Emergency Services precinct operating expenses.

The expenses are forecasted to be slightly higher in 2018/19 and out years, due to continuing funding received for the Safe, Confident and Resilient Communities: Investing in Policing initiative, and increasing capacity and capability in the justice system.

The Ministry will continue to manage cost pressures through productivity and efficiency savings, as well as reprioritising funding where appropriate.

Other Expenses

The non-departmental other expenses are forecast to decrease from $276 million in 2016/17 to $260 million in 2017/18, and then remain relatively constant in subsequent years. This decrease is mainly due to an expected high level of write down of fines receivable in 2016/17 following the review undertaken by the external actuarial provider. The write-down of debts is expected to remain relatively stable in out years.

Vote trends in actual expenses and capital expenditure by appropriation type

Source: Ministry of Justice

1.4 - Reconciliation of Changes in Appropriation Structure

Explanations of the reasons for changing the appropriation structure are noted in the details of each appropriation in Parts 2-4.

Part 3 - Details of Non-Departmental Appropriations#

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3.4 - Non-Departmental Other Expenses

Abortion Supervisory Committee - Certifying Consultants Fees (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient provision of medical opinions.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for payments under Section 33 of the Contraception, Sterilisation and Abortion Act 1977.

Assistance to Victims of Crime (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve effective support and services for victims, to reduce the impact of crime.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(iii) of the PFA, as the amount of this annual appropriation for a non-departmental other expense is less than $5 million.

Community Magistrates Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to Community Magistrates.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for payments under the remuneration provisions of the District Court Act 2016.

Reasons for Change in Appropriation

This is a new appropriation set up as a result of the enactment of the District Court Act 2016, effective 1st March 2017.

This appropriation funds a full financial year remuneration and allowances for Community Magistrates in 2017/18 compared to a partial year in 2016/17.

Coroners Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the coronial system of New Zealand by providing payment of salaries and allowances to coroners.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for payments under Section 110 of the Coroners Act 2006.

Court and Coroner Related Costs (M19)

Scope of Appropriation

Expenses

Components of the Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve effective professional and administrative services to ensure that court users receive appropriate support and representation, and the judiciary have sufficient information to proceed with cases.

How Performance will be Assessed and End of Year Reporting Requirements

Note 1 - The services provided are demand driven and dependent on the type of cases before the court. The services are judicially ordered.

Note 2 - The services provided include court appointed counsel, such as lawyer for child, lawyer to assist the court and specialist report writers. These services are demand driven and professional service providers are engaged when the Judge determines there is a need. An application can have more than one type of service provision appointment.

End of Year Performance Reporting

Performance information for this appropriation will be reported by the Minister for Courts in a report appended to the Ministry of Justice's Annual Report.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

The increase in this appropriation of $1.424 million for 2017/18 is mainly due to additional funding to cover increased court ordered services for Family Court and Youth Court professionals, driven by increased court business and the increasing recognition of mental health and cultural issues as drivers of offending and/or care and protection decisions.

District Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Components of the Appropriation

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the court system by providing payment of salaries and allowances to the District Court and Environment Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA as additional performance information is unlikely to be informative because this appropriation is solely for payments under remuneration provisions of the District Court Act 2016.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

This is a new appropriation set up as a result of the enactment of the District Court Act 2016, effective 1 March 2017.

This appropriation funds a full financial year remuneration and allowances for District Court and Environment Court Judges compared to a partial year in 2016/17.

District Court Part-time or Acting Judges' Salaries and Allowances (M19)

Scope of Appropriation

Expenses

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to part-time and acting Judges in the District Court.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15(D)(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for the remuneration and allowances of District Court part-time or acting Judges.

Reasons for Change in Appropriation

This is a new appropriation set up as a result of the enactment of the District Court Act 2016, effective 1 March 2017.

This appropriation funds a full financial year remuneration and allowances for District Court part-time and acting Judges in 2017/18 compared to a partial year in 2016/17.

The reduction in the amount of this appropriation in 2017/18 compared with the comparator appropriations for 2016/17 is because the District Court Act 2016 does not provide permanent legislative authority for the salaries and allowances of part-time or acting District Court Judges. These are now the subject of the annual appropriation District Court Part-time or Acting Judges' Salaries and Allowances.The reduction in the amount of this appropriation in 2017/18 compared with the comparator appropriations for 2016/17 is because the District Court Act 2016 does not provide permanent legislative authority for the salaries and allowances of part-time or acting District Court Judges. These are now the subject of the annual appropriation District Court Part-time or Acting Judges' Salaries and Allowances.

Employment Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to the Employment Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional information is unlikely to be informative because this appropriation is solely for payments under s206 Employment Relations Act 2000.

Impairment of Debt Established to Recognise Contributions towards Family Court Professional Services (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the Family Court system by providing for the incurring of expenses involved in the impairment of debt.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for the impairment of debt.

Impairment of Fines Receivable (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the court system by providing for the incurring of expenses involved in the impairment of fines, court costs and enforcement fees.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for the impairment of fines and enforcement fees.

Reasons for Change in Appropriation

The appropriation is lower in 2017/18 due to an expected high level of write down of fines receivable following the review undertaken by external actuarial provider in 2016/17. The write-down of debts is expected to remain relatively stable from 2017/18.

Judicial Review Costs (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve an effective process for ensuring that decisions made by public bodies are lawful and within their rights.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(iii) of the PFA, as the amount of this annual appropriation for a non-departmental other expense is less than $5 million.

Justices of the Peace Association (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient provision of Justices of the Peace services by providing funding for the work performed by the Royal Federation of New Zealand Justices' Associations.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(iii) of the PFA, as the amount of this annual appropriation for a non-departmental other expense is less than $5 million.

Maori Land Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to the Maori Land Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional information is unlikely to be informative because this appropriation is solely for payments under s13 Te Ture Whenua Maori Land Act 1993.

Senior Courts Acting Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to acting warranted Judges and Associate Judges in the Supreme Court, Court of Appeal and High Court.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA as additional performance information is unlikely to be informative because this appropriation is solely for payments under the remuneration provisions of the Senior Courts Act 2016.

Reasons for Change in Appropriation

This is a new appropriation set up as a result of the enactment of the Senior Courts Act 2016, effective 1 March 2017.

This appropriation funds a full financial year remuneration and allowances for acting warranted and Associate Judges for Senior Courts in 2017/18 compared to a partial year in 2016/17.

Senior Courts Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to Judges in the Supreme Court, Court of Appeal and High Court.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA as additional performance information is unlikely to be informative because this appropriation is solely for payments under the remuneration provisions of the Senior Courts Act 2016.

Reasons for Change in Appropriation

This is a new appropriation set up as a result of the enactment of the Senior Courts Act 2016, effective 1 March 2017.

This appropriation funds a full financial year remuneration and allowances for Senior Courts Judges in 2017/18 compared to a partial year in 2016/17.

Tribunal Related Fees and Expenses (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the tribunals administered by the Ministry of Justice through the payment of remuneration, allowances, fees and expenses for Chairs, Members, Adjudicators, and Assessors of Specialist Tribunals.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the PFA, as additional performance information is unlikely to be informative because this appropriation is solely for funding remuneration, allowances, or fees.

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

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Multi-Category Expenses and Capital Expenditure

Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (M19)

Overarching Purpose Statement

Scope of Appropriation

Expenses, Revenue and Capital Expenditure

Components of the Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve an efficient and accessible system of courts, tribunals and other authorities, which is trusted by New Zealanders.

How Performance will be Assessed for this Appropriation

What is Intended to be Achieved with each Category and How Performance will be Assessed

End of Year Performance Reporting

Performance information for this appropriation will be reported by the Ministry of Justice in its Annual Report.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

Collection and Enforcement of Fines and Civil Debts Services

The increase in this category of $1.538 million for 2017/18 is mainly due a transfer from other appropriations administered by the Ministry of Justice to fund priorities, address cost pressures, and to allow for movements in the allocation of Ministry overheads.

District Court Services

The increase in this category of $17.127 million for 2017/18 is mainly due to:

• additional funding received to maintain the capacity and capability of the justice system to meet the on-going demand for services
• additional funding received to provide additional security personnel across New Zealand's court system
• additional funding received for the operating costs for the multi-agency Christchurch Justice and Emergency Services Precinct which is expected to be fully operational by 2017/18

• additional funding received to work with other agencies on Safe, Confident and Resilient Communities: Investing in Policing, and

• additional funding received for the review of the family violence legislation.

Offset by:

• a reduction in capital charge following the change in the capital charge rate to 6% from 1 January 2017.

Senior Courts Services

The decrease in this category of $802,000 for 2017/18 is mainly due to the change in the capital charge rate to 6% from 1 January 2017.