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Estimates of appropriations

Vote Attorney-General - Justice Sector - Estimates 2020/21

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 2020/21 financial year covering the following:

  • a total of over $78 million to provide for the discharge of the Law Officers' constitutional, criminal law, and system leadership responsibilities including legal advice and representation, and
  • a total of $799,000 for capital expenditure by the Crown Law Office that mainly relates to the renewal and replacement of life-expired assets in support of its service delivery.

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

Details of Appropriations and Capital Injections

Annual Appropriations and Forecast Permanent Appropriations

Titles and Scopes of Appropriations by Appropriation Type 2019/20 2020/21
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.
23,000 23,000 -

Total Departmental Output Expenses

23,000 23,000 -

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.
614 614 799

Total Departmental Capital Expenditure

614 614 799

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, criminal law, and system leadership responsibilities including legal advice and representation.
- - 78,561

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

This category is limited to conducting appeals arising from Crown prosecutions.
- - 3,994

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.
- - 5,702

Public Prosecution Services

This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
- - 44,686

Strategic and Operational Legal Advice and Representation

This category is limited to leading and developing the collective strength of government lawyers and providing legal advice and representation to State Sector entities.
- - 24,179

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.
50,679 50,664 -

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

This category is limited to conducting appeals arising from Crown prosecutions.
3,857 3,857 -

Government Legal Network

This category is limited to developing the collective capability, effectiveness and efficiency of government lawyers.
1,152 1,152 -

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.
5,557 5,542 -

Public Prosecution Services

This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
40,113 40,113 -

Total Multi-Category Expenses and Capital Expenditure

50,679 50,664 78,561

Total Annual Appropriations and Forecast Permanent Appropriations

74,293 74,278 79,360

Capital Injection Authorisations

  2019/20 2020/21
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 2019/20
Final Budgeted
$000
2020/21
Budget
$000
2021/22
Estimated
$000
2022/23
Estimated
$000
2023/24
Estimated
$000
Crown Prosecution Services - Sustainable Funding

Law Officer Functions MCA: Public Prosecution Services

Departmental Output Expenses
- 4,140 4,140 4,140 4,140
Sexual Violence Courts - Extending Existing Sites and Developing a National Operating Approach

Law Officer Functions MCA: Public Prosecution Services

Departmental Output Expenses
- 390 390 390 390
Total Initiatives   - 4,530 4,530 4,530 4,530

1.2 - Trends in the Vote

Summary of Financial Activity

  2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24
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 - - - - - - - - - - - -
Benefits or Related Expenses - - - - - - N/A - - - - -
Borrowing Expenses - - - - - - - - - - - -
Other Expenses - - - - - - - - - - - -
Capital Expenditure 276 407 221 692 1,081 614 799 - 799 3,507 492 543
Intelligence and Security Department Expenses and Capital Expenditure - - - - - - - N/A - - - -
Multi-Category Expenses and Capital Expenditure (MCA)                        
   Output Expenses 60,874 66,383 68,229 68,070 73,679 73,664 78,561 - 78,561 87,911 86,533 85,632
   Other Expenses - - - - - - - - - - - -
   Capital Expenditure - - - - - - N/A - - - - -

Total Appropriations

61,150 66,790 68,450 68,762 74,760 74,278 79,360 - 79,360 91,418 87,025 86,175

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.

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

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

Appropriations

           
Output Expenses (18,235) (19,045) (20,177) (20,305) (23,000) (23,000)
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 18,235 19,045 20,177 20,305 23,000 23,000
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 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

The increases in the multi-category appropriation for 2019/20 and subsequent years reflect funding increases to meet increased demands in the 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.

1.4 - Reconciliation of Changes in Appropriation Structure

2019/20 Appropriations
in the 2019/20 Structure
2019/20
(Current)
$000
Old Structure New Structure
Appropriations to which
Expenses (or Capital
Expenditure) have been Moved from or to
Amount
Moved
$000
2019/20 Appropriations
in the 2020/21 Structure
2019/20
(Restated)
$000
2020/21
$000
Legal Advice and Representation 23,000 Transferred to Law Officer Functions MCA (23,000)      
Government Legal Network 1,152 Transferred to Law Officer Functions MCA (1,152)      
Conduct of Criminal Appeals from Crown Prosecutions 3,857 Transferred to Law Officer Functions MCA (3,857)      
Law Officer Constitutional and Criminal Law Duties 5,557 Transferred to Law Officer Functions MCA (5,557)      
Public Prosecution Services 40,113 Transferred to Law Officer Functions MCA (40,113)      
        Law Officer Functions MCA    
    Transferred from Legal Advice and Representation 23,000 Strategic and Operational Legal Advice and Representation 24,152 24,179
    Transferred from Government Legal Network 1,152      
    Transferred from Conduct of Criminal Appeals from Crown Prosecutions 3,857 Conduct of Criminal Appeals from Crown Prosecutions 3,857 3,994
    Transferred from Law Officer Constitutional and Criminal Law Duties 5,557 Law Officer Constitutional and Criminal Law Duties 5,557 5,702
    Transferred from Public Prosecution Services 40,113 Public Prosecution Services 40,113 44,686
Total 73,679   -   73,679 78,561

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

2.3 - 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
  2019/20 2020/21
Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural - - -
Land - - -
Property, Plant and Equipment 533 533 274
Intangibles 81 81 525
Other - - -

Total Appropriation

614 614 799
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 2020/21 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 2019/20
Estimated Actual
$000
2020/21
Projected
$000
Explanation of Projected Movements in 2020/21
Opening Balance 3,988 2,151  
Capital Injections - -  
Capital Withdrawals - -  
Surplus to be Retained (Deficit Incurred) (1,837) - Forecast reduction in memorandum account balance for 2019/20.
Other Movements - -  

Closing Balance

2,151 2,151  

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, criminal law, and system leadership responsibilities including legal advice and representation.
Scope of Appropriation
Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals arising from Crown prosecutions.

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.

Strategic and Operational Legal Advice and Representation
This category is limited to leading and developing the collective strength of government lawyers and providing legal advice and representation to State Sector entities.

Expenses, Revenue and Capital Expenditure
  2019/20 2020/21
Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

- - 78,561

Departmental Output Expenses

     
Conduct of Criminal Appeals from Crown Prosecutions - - 3,994
Law Officer Constitutional and Criminal Law Duties - - 5,702
Public Prosecution Services - - 44,686
Strategic and Operational Legal Advice and Representation - - 24,179

Funding for Departmental Output Expenses

     

Revenue from the Crown

- - 54,837
Conduct of Criminal Appeals from Crown Prosecutions - - 3,944
Law Officer Constitutional and Criminal Law Duties - - 5,198
Public Prosecution Services - - 44,666
Strategic and Operational Legal Advice and Representation - - 1,029

Revenue from Others

- - 23,724
Conduct of Criminal Appeals from Crown Prosecutions - - 50
Law Officer Constitutional and Criminal Law Duties - - 504
Public Prosecution Services - - 20
Strategic and Operational Legal Advice and Representation - - 23,150
Comparators for Restructured Appropriation
Vote, Type and Title of Appropriation 2019/20 2020/21
Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Vote Attorney-General: Departmental Output Expenses: Legal Advice and Representation 23,000 23,000 -
Vote Attorney-General: Departmental Output Expenses: Law Officer Functions MCA: Conduct of Criminal Appeals from Crown Prosecutions 3,857 3,857 -
Vote Attorney-General: Departmental Output Expenses: Law Officer Functions MCA: Government Legal Network 1,152 1,152 -
Vote Attorney-General: Departmental Output Expenses: Law Officer Functions MCA: Law Officer Constitutional and Criminal Law Duties 5,557 5,542 -
Vote Attorney-General: Departmental Output Expenses: Law Officer Functions MCA: Public Prosecution Services 40,113 40,113 -
Total 73,679 73,664 78,561
What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve improvement in the management of Crown legal risk and improved criminal justice, maintain strong legal institutions, and strengthen the influence of the rule of law.

How Performance will be Assessed for this Appropriation
Assessment of Performance 2019/20 2020/21
Final Budgeted
Standard
Estimated
Actual
Budget
Standard
Quality
     

The Attorney-General is satisfied with the services provided by Crown Law

- Yes Yes

Performance of 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
Assessment of Performance 2019/20 2020/21
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 29 15 - 30

Accused appeals

600 - 650 589 600 - 650
Quality
     
Effectiveness
     

Percentage of Crown appeals concluded in favour of the Crown

60% 69% 60%

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 38 35 - 55

Advice on behalf of the Attorney-General

120 - 160 94 120 - 160

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

15 - 25 8 10 - 25

Criminal advice

5 - 15 1 5 - 15

Judicial reviews

5 - 10 2 5 - 10

Mutual assistance and extraditions

100 - 120 107 100 - 120

Criminal cases (other types)

25 - 40 47 25 - 40

Requests for prosecution appeals and judicial reviews

70 - 110 74 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% 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

5,000 -7,000 5,499 5,200 - 6,200

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

4,500 - 5,500 5,565 5,500 - 6,500

Hours of service provided

215,000 - 225,000 247,295 250,000 - 260,000

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

6 4 6
Quality
     

Reviews, quality assessed as exceeding or meeting expected standards

6 4 6

Improvement recommendations implemented within timeframes set greater than

90% 90% 90%

Strategic and Operational Legal Advice and Representation

     

This category is intended to achieve improved management of Crown legal risk and better policy decisions informed by legal implications, and enable the Crown to improve the value generated from the collective resources of the Government Legal Network.

     
Quantity
     
New Matters
     

Advice

380 - 425 362 380 - 425

Litigation

350 - 400 265 250 - 300

Judicial review

100 - 125 83 80 - 100

Claims before Waitangi Tribunal

35 - 50 60 50 - 70

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

3,500 - 4,000 3,851 3,500 - 4,500

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

4 4 4
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% 75% 80%

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

80% 90% 90%

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

70% 85% 85%

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

Yes Yes Yes
Timeliness
     

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

85% 85% 85%

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

85% 77% 85%

Litigation Management Plans completed by the due date

80% 70% 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% 95% 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 Initiative Year of
First
Impact
2019/20
Final Budgeted
$000
2020/21
Budget
$000
2021/22
Estimated
$000
2022/23
Estimated
$000
2023/24
Estimated
$000

Current Government

           

Conduct of Criminal Appeals from Crown Prosecutions

           
Funding for Responding to Remuneration Pressures 2019/20 91 159 241 328 328
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 438 507 545 542 542

Law Officer Constitutional and Criminal Law Duties

           
Funding for Responding to Remuneration Pressures 2019/20 87 154 233 317 317
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 667 745 786 783 783

Public Prosecution Services

           
Improving the Justice Response to Sexual Violence Victims 2021/22 - - 9,482 7,900 6,999
Crown Prosecution Services - Sustainable Funding 2020/21 - 4,140 4,140 4,140 4,140
Sexual Violence Courts - Extending Existing Sites and Developing a National Operating Approach 2020/21 - 390 390 390 390
Ensuring the Sustainability of the District Court by Appointing Additional District Court Judges 2019/20 1,004 1,004 1,004 1,004 1,004
Funding for Responding to Remuneration Pressures 2019/20 29 50 77 104 104
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 138 160 173 172 172

Strategic and Operational Legal Advice and Representation

           
Funding for Responding to Remuneration Pressures 2019/20 14 25 37 51 51
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 103 119 129 128 128

Previous Government

           

Strategic and Operational Legal Advice and Representation

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

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 2020/21 is mainly due to:

  • an increase of $4.140 million to allow Crown Law to meet increases in demand for Crown prosecution services and maintain the quality and consistency of Crown prosecutions undertaken by the Crown Solicitor network
  • an increase of $390,000 to fund increased work in criminal trials as a result of the permanent establishment of two sexual violence courts, and
  • an increase of $167,000 to fund Crown Law's remuneration pressure.
Memorandum Account
  2019/20 2020/21
Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

     
Opening Balance at 1 July 754 1,852 -
Revenue 20,427 21,148 23,000
Expenses (20427) (23,000) (23,000)
Transfers and Adjustments - - -

Closing Balance at 30 June

754 - -

Processing of Queen's Counsel Applications

     
Opening Balance at 1 July 67 73 88
Revenue 40 33 40
Expenses (40) (18) (40)
Transfers and Adjustments - - -

Closing Balance at 30 June

67 88 88
Last updated: 
Tuesday, 20 October 2020