Vote Courts - Justice Sector - Estimates 2020/21

Vote Courts#

Overview of the Vote#

The Minister for Courts is responsible for appropriations in Vote Courts totalling nearly $854 million for the 2020/21 financial year covering the following:

• a total of nearly $486 million on services from the Ministry of Justice that support the work of courts, tribunals and other authorities
• a total of nearly $159 million on salaries and allowances for Judges', Coroners' and Community Magistrates' as set under legislation
• over $121 million on professional and administrative services provided to or directed by courts and coroners, including costs that are required by legislation
• nearly $60 million on the collection and enforcement of fines and civil debts services by the Ministry of Justice
• nearly $20 million on tribunal related fees and expenses
• over $5 million for certifying consultants for abortion supervisory committees
• a total of over $3 million to allow for the impairment of debt relating to court imposed fines, costs and fees in accordance with Generally Accepted Accounting Practice, and
• $490,000 for support for associated activities, including Justice of the Peace Association.

Over $121 million of court imposed fines, offender levies, contributions towards lawyer for child costs, and penalties is expected to be received for the 2020/21 financial year.

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

Details of Appropriations and Capital Injections#

Annual Appropriations and Forecast Permanent Appropriations#

Supporting Information#

Part 1 - Vote as a Whole#

1.1 - New Policy Initiatives#

1.2 - Trends in the Vote#

Summary of Financial Activity

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

There have been no restructuring adjustments to prior year information reported in last years' Summary of Financial Activity table.

1.3 - Analysis of Significant Trends#

Total Vote: All Appropriations

Figure 1: Vote trends in actual and budgeted expenditure by appropriation type

Source: Ministry of Justice

Output Expenses

The overall trend of increased output expenses reflects increased demand for Court services and increased remuneration. As part of the transformation of the justice system additional funding from 2019/20 has enhanced Court security, supported improved intergenerational wellbeing and provided operational support for the services funded through other expenses. Preliminary work will commence in 2020/21 to establish an innovative courthouse in Tauranga, the discovery phase giving an opportunity for iwi and community groups to design a courthouse that will transform the way justice services are delivered.

Other Expenses

Other expenses have gradually increased from 2015/16 and reflect the additional investment in the court system to meet increasing demand, including funding to support the sustainability of coronial services. In 2019/20 additional funding was provided to:

• ensure the sustainability of the District Courts with the appointment of additional District Court Judges
• improve the timely access to justice for people who have lodged a claim with the Human Rights Review Tribunal, and
• provide the full year operational costs of the Canterbury Earthquake Insurance Tribunal.

Crown Revenue and Capital Receipts

Over 90% of the non-tax revenue is collected through Court fines that are subject to judicial decisions.

1.4 - Reconciliation of Changes in Appropriation Structure#

From 2020/21 the following changes to appropriation structure have been made:

• the Statutes Amendment Act 2019 has amended the definition of Judge to include part-time and acting Judges from 1 July 2020. As a result of this change the separate appropriations for remuneration of part-time or acting judges, in senior and district courts, have been removed and the funding transferred to the District Court Judges' Salaries and Allowances PLA and Senior Court Judges' Salaries and Allowances PLA, and
• the Judicial Review Costs appropriation has been merged into the Court and Coroner Related Costs appropriation as both appropriations reflect judicial process for court activities. This is part of the initial step of modernising the public finance system, which includes merging smaller appropriations.

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

Part 3 - Details of Non-Departmental Appropriations#

3.4 - Non-Departmental Other Expenses#

Abortion Supervisory Committee - Certifying Consultants Fees (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient provision of medical opinions.

End of Year Performance Reporting

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for payments under Section 33 of the Contraception, Sterilisation and Abortion Act 1977.

Assistance to Victims of Crime (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve effective support and services for victims, to reduce the impact of crime.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(iii) of the Public Finance Act 1989, as the amount of this annual appropriation for a non-departmental other expense is less than $5 million.

Community Magistrates Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to Community Magistrates.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for payments under the remuneration provisions of the District Court Act 2016.

Coroners Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the coronial system of New Zealand by providing payment of salaries and allowances to coroners.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for payments under Section 110 of the Coroners Act 2006.

Court and Coroner Related Costs (M19)

Scope of Appropriation

Expenses

Components of the Appropriation

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve effective professional and administrative services to ensure that court users receive appropriate support and representation, and the judiciary have sufficient information to proceed with cases.

How Performance will be Assessed and End of Year Reporting Requirements

Note 1 - This is the same measure as 2019/20, but the wording of the measure has been clarified.

Note 2 - The services provided are demand driven and dependent on the type of cases before the court. The services are judicially ordered.

Note 3 - The services provided include court appointed counsel, such as lawyer for child, lawyer to assist the court and specialist report writers. These services are demand driven and professional service providers are engaged when the Judge determines there is a need. An application can have more than one type of service provision appointment.

Note 4 - The Standard has been updated to align with the service level agreement with the service provider.

End of Year Performance Reporting

Performance information for this appropriation will be reported by the Minister for Courts in a report appended to the Ministry of Justice's Annual Report.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

The increase in this appropriation for 2020/21 of $3.658 million is mainly due to:

• a fiscally neutral adjustment of $2.246 million from the Judicial Review Costs appropriation to merge smaller appropriations as part of an initial step in modernising the public finance system
• an increase of $838,000 for the review of family violence legislation, and
• an increase of $600,000 to maintain the capacity and capability of the Justice system to meet the ongoing demand for services.

District Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Components of the Appropriation

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the court system by providing payment of salaries and allowances to the District Court and Environment Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989 as additional performance information is unlikely to be informative because this appropriation is solely for payments under remuneration provisions of the District Court Act 2016.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

The increase in this appropriation for 2020/21 of $14.870 million is mainly due to:

• a fiscally neutral adjustment of $14.496 million to transfer the District Court Part-time or Acting Judges' Salaries and Allowances appropriation following legislative changes, and
• an increase of $1 million for costs associated with the Investing in Policing - Safe, Confident and Resilient Communities initiative.

Employment Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to the Employment Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional information is unlikely to be informative because this appropriation is solely for payments under s206 Employment Relations Act 2000.

Impairment of Debt Established to Recognise Contributions towards Family Court Professional Services (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the Family Court system by providing for the incurring of expenses involved in the impairment of debt.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for the impairment of debt.

Impairment of Fines Receivable (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the court system by providing for the incurring of expenses involved in the impairment of fines, court costs and enforcement fees.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for the impairment of fines and enforcement fees.

Justices of the Peace Association (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient provision of Justices of the Peace services by providing funding for the work performed by the Royal Federation of New Zealand Justices' Associations.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(iii) of the Public Finance Act 1989, as the amount of this annual appropriation for a non-departmental other expense is less than $5 million.

Maori Land Court Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to the Maori Land Court judiciary.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional information is unlikely to be informative because this appropriation is solely for payments under s13 Te Ture Whenua Maori Land Act 1993.

Senior Courts Judges' Salaries and Allowances PLA (M19)

Scope of Appropriation

Expenses

Comparators for Restructured Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the courts system by providing payment of salaries and allowances to Judges in the Supreme Court, Court of Appeal and High Court.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989 as additional performance information is unlikely to be informative because this appropriation is solely for payments under the remuneration provisions of the Senior Courts Act 2016.

Tribunal Related Fees and Expenses (M19)

Scope of Appropriation

Expenses

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the efficient running of the tribunals administered by the Ministry of Justice through the payment of remuneration, allowances, fees and expenses for Chairs, Members, Adjudicators, and Assessors of Specialist Tribunals.

How Performance will be Assessed and End of Year Reporting Requirements

An exemption was granted under s15D(2)(b)(ii) of the Public Finance Act 1989, as additional performance information is unlikely to be informative because this appropriation is solely for funding remuneration, allowances or fees.

Current and Past Policy Initiatives

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

Multi-Category Expenses and Capital Expenditure#

Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (M19)

Overarching Purpose Statement

Scope of Appropriation

Expenses, Revenue and Capital Expenditure

Components of the Appropriation

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve an efficient and accessible system of courts, tribunals and other authorities, which is trusted by New Zealanders.

How Performance will be Assessed for this Appropriation

Note 1 - This survey is conducted biennially. The estimated actual is based off the result from 2018/19. The next survey is due in 2020/21.

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

Note 1 - The 2019/20 measure referred to the contact centre as the Fines Contact Centre.

Note 2 - The Standard has been updated to align with the Service Level Agreement with the provider.

Note 3 - The 2019/20 measure referred to the contact centre as 0800 Courts.

End of Year Performance Reporting

Performance information for this appropriation will be reported by the Ministry of Justice in its Annual Report.

Current and Past Policy Initiatives

Reasons for Change in Appropriation

The increase in this appropriation for 2020/21 of $17.808 million is mainly due to:

• an increase of $7.258 million for maintaining critical technology
• an increase of $5.200 million for work with joint venture agencies on the Safe, Confident and Resilient Communities: Investing in Policing initiative
• an increase of $4.356 million to maintain the capacity and capability of the Justice system to meet the ongoing demand for services
• a fiscally neutral adjustment of $2.908 million to address increased security costs within the Courts, and
• an increase of $2.200 million towards a safe and effective criminal justice system initiative, which includes preliminary work to establish an innovative courthouse in Tauranga.

This is partially offset by:

• a decrease of $1.516 million relating to a reduction in capital charge following the sale and lease-back of land under treaty settlements
• a fiscally neutral adjustment in 2019/20 of $828,000 for employees seconded to other government agencies
• an expense transfer from 2018/19 to 2019/20 of $800,000 for the Human Rights Review Tribunal to address the backlog of cases, and
• a fiscally neutral adjustment in 2019/20 of $775,000 to assist with hosting the 2020 International Association of Women Judges Conference in New Zealand, with costs reimbursed by third parties.

Memorandum Accounts