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.
1.2 - Trends in 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.
1.3 - Analysis of Significant Trends#
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
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
Scope of Appropriation
Departmental Output Expenses
Conduct of Criminal Appeals from Crown ProsecutionsThis 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 |