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Vote Attorney-General - Justice Sector - Estimates 2017/2018

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 2017/18 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 on a full cost-recovery basis
  • a total of $627,000 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

2016/172017/18
Titles and Scopes of Appropriations by Appropriation TypeFinal
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.
22,34418,50022,337

Total Departmental Output Expenses

22,34418,50022,337

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.
843843627

Total Departmental Capital Expenditure

843843627

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.
47,74147,74147,945
Departmental Output Expenses
Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals arising from Crown prosecutions.
3,2813,2813,278
Government Legal Network
This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
985985985
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.
4,5534,5534,760
Public Prosecution Services
This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
38,92238,92238,922

Total Multi-Category Expenses and Capital Expenditure

47,74147,74147,945

Total Annual and Permanent Appropriations

70,92867,08470,909

Capital Injection Authorisations

2016/172017/18
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.

1.2 - Trends in the Vote

Summary of Financial Activity

2012/132013/142014/152015/162016/172017/182018/192019/202020/21
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 Expenses19,79416,60115,34618,23522,34418,50022,337-22,33722,33722,33722,337
Benefits or Related Expenses------N/A-----
Borrowing Expenses------------
Other Expenses------------
Capital Expenditure3,35245295276843843627-6275333,826587
Intelligence and Security Department Expenses and Capital Expenditure-------N/A----
Multi-Category Expenses and Capital Expenditure (MCA)
Output Expenses47,97842,91041,35842,63947,74147,74147,945-47,94547,74647,98847,554
Other Expenses------------
Capital Expenditure------N/A-----

Total Appropriations

71,12459,96356,79961,15070,92867,08470,909-70,90970,61674,15170,478

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.

1.3 - Analysis of Significant Trends

The decrease in the multi-category appropriation for 2013/14 and subsequent years reflects the adoption of a new fee model to provide sustainable Crown prosecution services since 2013/14.

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.

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

2016/172017/18
Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation22,34418,50022,337
Revenue from the Crown---
Revenue from Others22,34418,50022,337

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the reduction of legal risks to the Crown through protecting the Crown's interests and ensuring any risks are well managed.

How Performance will be Assessed and End of Year Reporting Requirements

2016/172017/18
Assessment of PerformanceFinal Budgeted
Standard
Estimated
Actual
Budget
Standard
Quantity
New Matters

Advice

380 - 425410380 - 425

Litigation

350 - 400380350 - 400

Judicial review

90 - 12511590 - 125

Claims filed with the Waitangi Tribunal

25 - 505025 - 50
Quality

Client survey respondents consider Crown Law's overall advice and services are good or excellent

85%90%90%

Client survey respondents describe Crown Law's responsiveness and the clarity, accuracy and robustness of its legal advice as good or excellent

85%90%90%

Written advice and opinion peer reviewed

80%80%80%
Timeliness

Client survey respondents consider Crown Law's timeliness is good or excellent

85%80%85%

Written opinions and advice completed by the due date

85%80%85%

Litigation Management Plans completed by the due date

80%80%80%
Value for Money

Client survey respondents describe Crown Law's services as value for money

85%90%95%

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 InitiativeYear of
First
Impact
2016/17
Final Budgeted
$000
2017/18
Budget
$000
2018/19
Estimated
$000
2019/20
Estimated
$000
2020/21
Estimated
$000
Change in capital charge rate from 8% to 7%2016/17(15)(15)(15)(15)(15)
Change in capital charge rate from 7% to 6%2016/17(6)(13)(13)(13)(13)

Memorandum Account

2016/172017/18
Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

Opening Balance at 1 July7239701,038
Revenue22,36518,50022,365
Expenses(22,365)(18,500)(22,365)
Transfers and Adjustments-68-

Closing Balance at 30 June

7231,0381,038

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

2016/172017/18
Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural---
Land---
Property, Plant and Equipment690690487
Intangibles153153140
Other---

Total Appropriation

843843627

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 2017/18 is mainly due to the lower level of computer hardware equipment purchases.

Capital Injections and Movements in Departmental Net Assets

Crown Law Office

Details of Net Asset Schedule2016/17
Estimated Actual
$000
2017/18
Projected
$000
Explanation of Projected Movements in 2017/18
Opening Balance3,1403,140
Capital Injections--
Capital Withdrawals--
Surplus to be Retained (Deficit Incurred)--
Other Movements--

Closing Balance

3,1403,140

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

2016/172017/18
Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

47,74147,74147,945

Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions3,2813,2813,278
Government Legal Network985985985
Law Officer Constitutional and Criminal Law Duties4,5534,5534,760
Public Prosecution Services38,92238,92238,922

Funding for Departmental Output Expenses

Revenue from the Crown

47,35947,35947,356
Conduct of Criminal Appeals from Crown Prosecutions3,2813,2813,278
Government Legal Network885885885
Law Officer Constitutional and Criminal Law Duties4,2714,2714,271
Public Prosecution Services38,92238,92238,922

Revenue from Others

382382589
Government Legal Network100100100
Law Officer Constitutional and Criminal Law Duties282282489

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve safer communities, reduced impact of crime, the maintenance of strong institutions, related justice sector outcomes, and increased trust in justice system through the performance of the Principal Law Officers' constitutional and other duties.

How Performance will be Assessed for this Appropriation

2016/172017/18
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, greater than:

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

2016/172017/18
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 cases

Crown appeals

15 - 303015 - 30

Accused appeals

550 - 600620550 - 600
Quality
Success Rate

Appeals brought by the Crown 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

2,6503,2003,500

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

444
Quality

Chief Legal Advisors are satisfied or very satisfied with GLN team engagement and communications

80%80%80%

Lawyers registered on GLN Online are satisfied or very satisfied with GLN activities and opportunities for participation

70%70%70%

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

YesYesYes

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 - 604030 - 60

Advice on behalf of the Attorney-General

100 - 150175100 - 150

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

5 - 1055 - 10

Criminal advice

10 - 351510 - 35

Judicial reviews

2 - 522 - 5

Mutual assistance and extraditions

60 - 1009060 - 100

Criminal cases (other types)

40 - 603040 - 60

Requests for prosecution appeals and judicial reviews

40 - 9010540 - 90
Timeliness

Ministerial correspondence on time

100%100%100%

Responses to Parliamentary questions on time

100%100%100%

Official Information Act and Privacy Act 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 - 5,5004,5114,500 - 5,500

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

4,500 - 5,0004,9844,500 - 5,000

Hours of service provided

207,000 - 212,000201,021207,000 - 212,000

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

555
Quality

Reviews, quality assessed as exceeding or meeting expected standards

555

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 InitiativeYear of
First
Impact
2016/17
Final Budgeted
$000
2017/18
Budget
$000
2018/19
Estimated
$000
2019/20
Estimated
$000
2020/21
Estimated
$000

Conduct of Criminal Appeals from Crown Prosecutions

Change in Capital Charge Rate from 7% to 6%2016/17(4)(7)(7)(7)(7)

Government Legal Network

Permanent establishment of the Government Legal Network2016/17885885885885885

Law Officer Constitutional and Criminal Law Duties

Change in Capital Charge Rate from 8% to 7%2016/17(6)(6)(6)(6)(6)
Share of costs for Budget 2015 whole-of-Government initiatives2015/16(85)(85)(85)(85)(85)

Public Prosecution Services

Increased funding to sustain Crown prosecution services2016/174,9224,9224,9224,9224,922

Reasons for Change in Appropriation

The increase in this appropriation for 2017/18 is mainly due to an increase of $207,000, funded by departmental revenue from the Ministry of Foreign Affairs and Trade for the 2017/18 Basic Level Pacific Islands Law Officers' Network (PILON) Litigation Skills Programme. The programme is facilitated and managed by Crown Law.

Memorandum Account

2016/172017/18
Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Processing of Queen's Counsel Applications

Opening Balance at 1 July344040
Revenue505050
Expenses(50)(50)(50)
Transfers and Adjustments---

Closing Balance at 30 June

344040

Government Legal Network

Opening Balance at 1 July6168-
Revenue---
Expenses---
Transfers and Adjustments(61)(68)-

Closing Balance at 30 June

---

The Government Legal Network memorandum account has been closed due to the permanent establishment of the Government Legal Network category from 1 July 2016.