Estimates of appropriations

Vote Attorney-General - Justice Sector - Estimates 2016/2017

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 2016/17 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 $988,000 for departmental capital expenditure, and
  • a total of nearly $48 million for providing 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#

  2015/16 2016/17
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.
22,365 18,015 22,365

The Exercise of Principal Law Officer Functions (M5)

Providing legal advice, representation services and administrative services to the Attorney-General and Solicitor-General to assist them in the exercise of their Principal Law Officer functions, and the provision of legal and constitutional advice to the Government, Ministers, and the judiciary.
2,357 2,357 -

Total Departmental Output Expenses

24,722 20,372 22,365

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.
499 499 988

Total Departmental Capital Expenditure

499 499 988

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.
- - 47,751
Departmental Output Expenses
     
Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals arising from Crown prosecutions.
- - 3,285
Government Legal Network
This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
- - 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.
- - 4,559
Public Prosecution Services
This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
- - 38,922

Supervision and Conduct of Crown Prosecutions and Appeals MCA (M5)

The overarching purpose of this appropriation is to provide for the discharge of the Solicitor-General's responsibilities in respect of the criminal law.
40,590 40,590 -
Departmental Output Expenses
     
Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals arising from Crown prosecutions.
3,285 3,285 -
Criminal Law Advice and Services
This category is limited to the provision of advice on criminal law, mutual assistance and extradition matters to other government agencies and to Crown Solicitors.
2,408 2,408 -
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network
This category is limited to the oversight of public prosecutions and supervision of the network of Crown Solicitors who deliver prosecution services.
840 840 -
Provision of a National Crown Prosecution Service
This category is limited to the provision of a national Crown prosecution service that undertakes prosecutions and appeals on behalf of the Solicitor-General.
34,057 34,057 -

Total Multi-Category Expenses and Capital Expenditure

40,590 40,590 47,751

Total Annual and Permanent Appropriations

65,811 61,461 71,104

Capital Injection Authorisations#

  2015/16 2016/17
  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 2015/16
Final Budgeted
$000
2016/17
Budget
$000
2017/18
Estimated
$000
2018/19
Estimated
$000
2019/20
Estimated
$000
Share of costs for Budget 2015 whole-of-Government initiatives

Law Officer Functions MCA: Law Officer Constitutional and Criminal Law Duties

Departmental Output Expenses
(85) (85) (85) (85) (57)
Permanent establishment of the Government Legal Network

Law Officer Functions MCA: Government Legal Network

Departmental Output Expenses
- 885 885 885 885
Increased funding to sustain Crown prosecution services

Law Officer Functions MCA: Public Prosecution Services

Departmental Output Expenses
- 4,922 4,922 4,922 4,922
Total initiatives   (85) 5,722 5,722 5,722 5,750

Summary of Financial Activity#

  2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20
  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 21,091 19,794 16,601 15,346 22,365 18,015 22,365 - 22,365 22,365 22,365 22,365
Benefits or Related Expenses - - - - - - N/A - - - - -
Borrowing Expenses - - - - - - - - - - - -
Other Expenses - - - - - - - - - - - -
Capital Expenditure 53 3,352 452 95 499 499 988 - 988 497 503 3,470
Intelligence and Security Department Expenses and Capital Expenditure - - - - - - - N/A - - - -
Multi-Category Expenses and Capital Expenditure (MCA)                        
Output Expenses 50,767 47,978 42,910 41,358 42,947 42,947 47,751 - 47,751 47,958 47,759 48,001
Other Expenses - - - - - - - - - - - -
Capital Expenditure - - - - - - N/A - - - - -

Total Appropriations

71,911 71,124 59,963 56,799 65,811 61,461 71,104 - 71,104 70,820 70,627 73,836

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.

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

  2011/12
Adjustments
$000
2012/13
Adjustments
$000
2013/14
Adjustments
$000
2014/15
Adjustments
$000
2015/16
Final Budgeted
Adjustments
$000
2015/16
Estimated
Actual
Adjustments
$000
             

Appropriations

           
Output Expenses (50,767) (1,897) (1,762) (1,892) (2,357) (2,357)
Benefits or Related Expenses - - - - - -
Borrowing Expenses - - - - - -
Other Expenses - - - - - -
Capital Expenditure - - - - - -
Intelligence and Security Department Expenses and Capital Expenditure - - - - - -
Multi-Category Expenses and Capital Expenditure (MCA)            
Output Expenses 50,767 1,897 1,762 1,892 2,357 2,357
Other Expenses - - - - - -
Capital Expenditure - - - - - -

Total Appropriations

-

-

-

-

-

-

Crown Revenue and Capital Receipts

           
Tax Revenue - - - - - -
Non-Tax Revenue - - - - - -
Capital Receipts - - - - - -

Total Crown Revenue and Capital Receipts

- - - - - -

The adjustments in the table above reflect the recent establishment of the new multi-category appropriation, Law Officer Functions, that combines two existing appropriations, the Exercise of Principal Law Officer Functions, and the Supervision and Conduct of Crown Prosecutions and Appeals.

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

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.

1.4 - Reconciliation of Changes in Appropriation Structure#

    Old Structure New Structure
2015/16 Appropriations
in the 2015/16 Structure
2015/16
(Current)
$000
Appropriations to which
Expenses (or Capital
Expenditure) have been Moved from or to
Amount
Moved
$000
2015/16 Appropriations
in the 2016/17 Structure
2015/16
(Restated)
$000
2016/17
$000

Departmental Output Expenses

           
The Exercise of Principal Law Officer Functions 2,357 Transferred to Law Officer Functions MCA (2,357) The Exercise of Principal Law Officer Functions - -
  - Transferred from The Exercise of Principal Law Officer Functions 2,357 Law Officer Functions MCA 2,357 3,071
Supervision and Conduct of Crown Prosecutions and Appeals MCA 40,590 Transferred to Law Officer Functions MCA (40,590) Supervision and Conduct of Crown Prosecutions and Appeals MCA - -
  - Transferred from Supervision and Conduct of Crown Prosecutions and Appeals MCA 40,590 Law Officer Functions MCA 40,590 43,695

Total Changes in Appropriations

42,947

 

-

 

42,947

46,766

From 1 July 2016 the Exercise of Principal Law Officer Functions and the Supervision and Conduct of Crown Prosecutions and Appeals MCA are being combined to form the new Law Officer Functions MCA.

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

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

  2015/16 2016/17
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation 22,365 18,015 22,365
Revenue from the Crown - - -
Revenue from Others 22,365 17,135 22,365

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

  2015/16 2016/17
Assessment of Performance Final Budgeted
Standard
Estimated
Actual
Budget
Standard
Quantity
     
New Matters
     

Advice

350 - 425 410 380 - 425

Litigation

300 - 375 380 350 - 400

Judicial review

75 - 125 115 90 - 125

Claims filed with the Waitangi Tribunal

25 - 50 76 25 - 50
Quality
     

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

80% 80% 85%

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

80% 80% 85%

Written advice and opinion peer reviewed

80% 80% 80%
Timeliness
     

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

80% 80% 85%

Written opinions and advice completed by the due date

80% 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

80% 80% 85%

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
2015/16
Final Budgeted
$000
2016/17
Budget
$000
2017/18
Estimated
$000
2018/19
Estimated
$000
2019/20
Estimated
$000
Budget 2011 Efficiency Savings 2012/13 (535) (535) (535) (535) (535)

Memorandum Account

  2015/16 2016/17
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

     
Opening Balance at 1 July 1,116 1,623 723
Revenue 22,365 17,135 22,365
Expenses (21,465) (17,135) (22,365)
Transfers and Adjustments (900) (900) -

Closing Balance at 30 June

1,116 723 723

Government Legal Network

     
Opening Balance at 1 July - 41 61
Revenue - - -
Expenses (900) (880) -
Transfers and Adjustments 900 900 (61)

Closing Balance at 30 June

- 61 -

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

  2015/16 2016/17
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural - - -
Land - - -
Property, Plant and Equipment 407 407 748
Intangibles 92 92 240
Other - - -

Total Appropriation

499 499 988

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 2016/17 is due to expenditures on computer hardware equipment being deferred from 2015/16 to 2016/17.

Capital Injections and Movements in Departmental Net Assets

Crown Law Office

Details of Net Asset Schedule 2015/16
Estimated Actual
$000
2016/17
Projected
$000
Explanation of Projected Movements in 2016/17
Opening Balance 3,760 2,880  
Capital Injections - -  
Capital Withdrawals - -  
Surplus to be Retained (Deficit Incurred) (880) - Forecast reduction in memorandum account balances for 2015/16.
Other Movements - -  

Closing Balance

2,880 2,880  

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

  2015/16 2016/17
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

- - 47,751

Departmental Output Expenses

     
Conduct of Criminal Appeals from Crown Prosecutions - - 3,285
Government Legal Network - - 985
Law Officer Constitutional and Criminal Law Duties - - 4,559
Public Prosecution Services - - 38,922

Funding for Departmental Output Expenses

     

Revenue from the Crown

- - 47,369
Conduct of Criminal Appeals from Crown Prosecutions - - 3,285
Government Legal Network - - 885
Law Officer Constitutional and Criminal Law Duties - - 4,277
Public Prosecution Services - - 38,922

Revenue from Others

- - 382
Government Legal Network - - 100
Law Officer Constitutional and Criminal Law Duties - - 282

Comparators for Restructured Appropriation

  2015/16 2016/17
Vote, Type and Title of Appropriation Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Vote Attorney-General: Departmental Output Expenses: Supervision and Conduct of Crown Prosecutions and Appeals MCA: Conduct of Criminal Appeals from Crown Prosecutions 3,285 3,285 -
Vote Attorney-General: Departmental Output Expenses: Supervision and Conduct of Crown Prosecutions and Appeals MCA: Criminal Law Advice and Services 2,408 2,408 -
Vote Attorney-General: Departmental Output Expenses: Supervision and Conduct of Crown Prosecutions and Appeals MCA: Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network 840 840 -
Vote Attorney-General: Departmental Output Expenses: Supervision and Conduct of Crown Prosecutions and Appeals MCA: Provision of a National Crown Prosecution Service 34,057 34,057 -
Vote Attorney-General: Departmental Output Expenses: The Exercise of Principal Law Officer Functions 2,357 2,357 -
Vote Attorney-General: Departmental Output Expenses: Law Officer Functions MCA: Government Legal Network - - 985
Total 42,947 42,947 47,751

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

  2015/16 2016/17
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 categories within the appropriation.

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

  2015/16 2016/17
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

11 - 30 30 15 - 30

Accused appeals

550 - 600 620 550 - 600
Quality
     
Success Rate
     

Appeals brought by the Crown concluded in favour of the Crown

60% 70% 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

- - 2,650

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

- - 4
Quality
     

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

- - 80%

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

- - 70%

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

- - 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 40 30 - 60

Advice on behalf of the Attorney-General

100 - 125 175 100 - 150

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

5 - 10 5 5 - 10

Criminal advice

10 - 35 15 10 - 35

Judicial reviews

2 - 5 2 2 - 5

Mutual assistance and extraditions

50 - 100 90 60 - 100

Criminal cases (other types)

40 - 60 30 40 - 60

Requests for prosecution appeals and judicial reviews

25 - 75 105 40 - 90
Timeliness
     

Ministerial correspondence on time

95% 100% 100%

Responses to Parliamentary questions on time

95% 100% 100%

Official Information Act and Privacy Act responses on time

100% 100% 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

4,570 - 5,840 4,559 4,500 - 5,500

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

1,860 - 3,780 4,787 4,500 - 5,000

Hours of service provided

128,880 - 190,870 210,253 207,000 - 212,000

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

5 5 5
Quality
     

Reviews, quality assessed as exceeding or meeting expected standards

5 5 5

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
2015/16
Final Budgeted
$000
2016/17
Budget
$000
2017/18
Estimated
$000
2018/19
Estimated
$000
2019/20
Estimated
$000

Conduct of Criminal Appeals from Crown Prosecutions

           
Budget 2011 Efficiency Savings 2012/13 (62) (62) (62) (62) (62)

Government Legal Network

           
Permanent establishment of the Government Legal Network 2016/17 - 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) (57)
Budget 2011 Efficiency Savings 2012/13 (675) (675) (675) (675) (675)

Public Prosecution Services

           
Increased funding to sustain Crown prosecution services 2016/17 - 4,922 4,922 4,922 4,922

Reasons for Change in Appropriation

This is a new appropriation for 2016/17 as the result of an appropriation structure change. The new appropriation combines two existing appropriations and the new Government Legal Network category, and is funded by transfers of $46.766 million from the two disestablished appropriations, and $985,000 approved for the new category.

Memorandum Account

  2015/16 2016/17
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Processing of Queen's Counsel Applications

     
Opening Balance at 1 July 20 34 34
Revenue 50 50 50
Expenses (50) (50) (50)
Transfers and Adjustments - - -

Closing Balance at 30 June

20 34 34