Estimates of appropriations

Vote Attorney-General - Justice Sector - Estimates 2021/22

Formats and related files

Vote Attorney-General#

APPROPRIATION MINISTER(S): Attorney-General (M5)

DEPARTMENT ADMINISTERING THE VOTE: Crown Law Office (A2)

RESPONSIBLE MINISTER FOR CROWN LAW OFFICE: Attorney-General

Overview of the Vote#

The Attorney-General is responsible for appropriations in Vote-Attorney General for the 2021/22 financial year. The Crown Law Office is funded by this Vote which provides value to the Crown legal system and includes legal advice and representation services to State Sector entities and advice on constitutional and human rights issues and Treaty of Waitangi claims. Crown Law also conducts appeals from Crown prosecutions and provides oversight of public prosecutions and advice on criminal law issues and extradition matters.

The total appropriation of $90 million covers:

  • $64 million for the Law Officer functions, a multi-category appropriation that includes public prosecution services, conduct of criminal appeals from Crown prosecutions and constitutional and criminal law duties.
  • $26 million for the provision of strategic and operational legal advice and representation services on a full cost-recovery basis.

Crown Law's capital expenditure appropriation of $3.370 million 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.

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

Details of Appropriations and Capital Injections#

Annual Appropriations and Forecast Permanent Appropriations#

  2020/21 2021/22
Titles and Scopes of Appropriations by Appropriation Type Final
Budgeted
$000
Estimated
Actual
$000
Budget
$000

Departmental Capital Expenditure

     

Crown Law Office - Capital Expenditure PLA (M5) (A2)

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.
1,060 1,060 3,370

Total Departmental Capital Expenditure

1,060 1,060 3,370

Multi-Category Expenses and Capital Expenditure

     

Law Officer Functions MCA (M5) (A2)

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.
80,867 80,867 90,517

Departmental Output Expenses

     

Conduct of Criminal Appeals from Crown Prosecutions

This category is limited to conducting appeals arising from Crown prosecutions.
4,025 4,025 4,177

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.
5,647 5,647 5,382

Public Prosecution Services

This category is limited to the provision and supervision of a national Crown prosecution service and oversight of public prosecutions.
44,516 44,516 54,257

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.
26,679 26,679 26,701

Total Multi-Category Expenses and Capital Expenditure

80,867 80,867 90,517

Total Annual Appropriations and Forecast Permanent Appropriations

81,927 81,927 93,887

Capital Injection Authorisations#

  2020/21 2021/22
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Crown Law Office - Capital Injection (M5) (A2) - - 2,100

Supporting Information#

Part 1 - Vote as a Whole#

This part provides trend information for the vote.

Summary of Financial Activity

  2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25
  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 407 221 692 676 1,060 1,060 3,370 - 3,370 1,358 771 1,334
Intelligence and Security Department Expenses and Capital Expenditure - - - - - - - N/A - - - -
Multi-Category Expenses and Capital Expenditure (MCA)                        
Output Expenses 66,383 68,229 68,070 72,642 80,867 80,867 90,517 - 90,517 89,132 87,729 86,584
Other Expenses - - - - - - - - - - - -
Capital Expenditure - - - - - - N/A - - - - -

Total Appropriations

66,790 68,450 68,762 73,318 81,927 81,927 93,887 - 93,887 90,490 88,500 87,918

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.

The increases in the multi-category appropriation for 2021/22 and subsequent years over 2020/21 reflect funding increases to meet the Government's response to increased demand in Crown prosecution services.

The increase in the capital expenditure in 2021/22 reflects forecast expenditure for a significant accommodation upgrade, leasehold improvements and furniture and fittings upgrades for the Crown Law Office.

Part 2 - Details of Departmental Appropriations#

2.3 - Departmental Capital Expenditure and Capital Injections#

Crown Law Office - Capital Expenditure PLA (M5) (A2)

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
  2020/21 2021/22
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural - - -
Land - - -
Property, Plant and Equipment 655 655 2,615
Intangibles 405 405 755
Other - - -

Total Appropriation

1,060 1,060 3,370
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 2021/22 is due to significant expenditure for a major accommodation upgrade and for renewal and replacement of various furniture, office equipment, and computer hardware and software at the Crown Law Wellington Office.

Capital Injections and Movements in Departmental Net Assets
Crown Law Office
Details of Net Asset Schedule 2020/21
Estimated Actual
$000
2021/22
Projected
$000
Explanation of Projected Movements in 2021/22
Opening Balance 2,642 2,642  
Capital Injections - 2,100 A capital injection of $2.100 million was sought and approved through Budget 2019 to fund a significant accommodation upgrade in 2021/22 for leasehold improvements.
Capital Withdrawals - -  
Surplus to be Retained (Deficit Incurred) - -  
Other Movements - -  

Closing Balance

2,642 4,742  

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

4 - Multi-Category Expenses and Capital Expenditure#

Law Officer Functions (M5) (A2)

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
  2020/21 2021/22
  Final Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

80,867 80,867 90,517

Departmental Output Expenses

     
Conduct of Criminal Appeals from Crown Prosecutions 4,025 4,025 4,177
Law Officer Constitutional and Criminal Law Duties 5,647 5,647 5,382
Public Prosecution Services 44,516 44,516 54,257
Strategic and Operational Legal Advice and Representation 26,679 26,679 26,701

Funding for Departmental Output Expenses

     

Revenue from the Crown

54,643 54,643 64,727
Conduct of Criminal Appeals from Crown Prosecutions 3,975 3,975 4,127
Law Officer Constitutional and Criminal Law Duties 5,143 5,143 5,312
Public Prosecution Services 44,496 44,496 54,237
Strategic and Operational Legal Advice and Representation 1,029 1,029 1,051

Revenue from Others

26,224 26,224 25,790
Conduct of Criminal Appeals from Crown Prosecutions 50 50 50
Law Officer Constitutional and Criminal Law Duties 504 504 70
Public Prosecution Services 20 20 20
Strategic and Operational Legal Advice and Representation 25,650 25,650 25,650
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
  2020/21 2021/22
Assessment of Performance 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
  2020/21 2021/22
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 - 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
2020/21
Final Budgeted
$000
2021/22
Budget
$000
2022/23
Estimated
$000
2023/24
Estimated
$000
2024/25
Estimated
$000

Conduct of Criminal Appeals from Crown Prosecutions

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

Law Officer Constitutional and Criminal Law Duties

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

Public Prosecution Services

           
Improving the Justice Response to Sexual Violence Victims 2021/22 - 9,482 7,900 6,999 5,854
Crown Prosecution Services - Sustainable Funding 2020/21 4,140 4,140 4,140 4,140 4,140
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 50 77 104 104 104
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 160 173 172 172 172

Strategic and Operational Legal Advice and Representation

           
Funding for Responding to Remuneration Pressures 2019/20 25 37 51 51 51
Enabling a Sustainable Crown Law to Meet Core Operating Cost Pressures 2019/20 119 129 128 128 128
Memorandum Account
  2020/21 2021/22
  Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

     
Opening Balance at 1 July - 491 1,883
Revenue 23,000 25,321 25,000
Expenses (23,000) (23,929) (26,883)
Transfers and Adjustments - - -

Closing Balance at 30 June

- 1,883 -

Processing of Queen's Counsel Applications

     
Opening Balance at 1 July 88 87 87
Revenue 40 40 40
Expenses (40) (40) (40)
Transfers and Adjustments - - -

Closing Balance at 30 June

88 87 87