The Treasury and Office of the Minister of Finance Budget 2019 Information Release August 2019

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CAB-19-MIN-0174.09

Cabinet

Minute of Decision

This document contains information for the New Zealand Cabinet. It must be treated in confidence and handled in accordance with any security classification, or other endorsement. The information can only be released, including under the Official Information Act 1982, by persons with the appropriate authority.

2019 Budget Package: Vote Courts

On 15 April 2019, Cabinet:

1 approved the Budget initiatives for the above Vote for inclusion in the 2019 Budget package, as listed in the summary below and detailed in the attached initiative documents;

Summary of initiatives included in the attached initiative documents:

Operating Initiatives (Impact on Operating Balance)

$m - increase/(decrease) Initiative Initiative Name 2018/19 2019/20 2020/21 2021/22 2022/23 & ID Outyears 10678 Alcohol and Other Drug - 0.200 - - - Treatment Court - Operational Support 2019/20 11574 An Effective, Timely Crown - 0.200 - - - Response to the Royal Commission of Inquiry Into Historical Abuse in Care 10677 Canterbury Earthquakes - 3.387 - - - Insurance Tribunal 10684 Enhancing Court Security - 8.100 8.100 8.100 8.100 11629 Alleviating Depreciation Cost - 2.200 2.200 2.200 2.200 Pressure in the Justice System Due to Revaluation of Property 10682 Ensuring the Sustainability of the - 11.636 11.151 11.193 11.193 District Court by Appointing Additional District Court Judges 11280 Human Rights Review Tribunal - - 1.412 1.523 1.523 1.521 Increasing Access to Justice for People Whose Human Rights May Have Been Breached 11603 Improving the Justice Response - 0.488 1.085 1.931 2.007 to Sexual Violence Victims Total Operating - 27.623 24.059 24.947 25.021

2 approved3 changes to appropriations to implement the initiatives, as set out in the attached initiative documents;

1 42yarspc0r 2019-05-03 10:45:23 CAB-19-MIN-0174.09 3 approved the additional recommendations to give effect to the initiatives, as set out in the attached initiative documents;

4 authorised5 the Minister of Finance and the Appropriation Minister to approve jointly any technical adjustments to baselines necessary to remove any errors or inconsistencies identified while finalising the 2018/19 Supplementary Estimates, the 2019/20 Estimates and the fiscal forecasts;

5 noted that7 all communications relating to the 2019 Budget are co-ordinated by a Budget communications committee, and that any requests for early announcement will need to have both the written approval of the Minister of Finance and sign-off from the Prime Minister’s office.

Michael Webster Secretary of the Cabinet

Hard-copy distribution: Prime Minister Deputy Prime Minister Minister of Finance Minister for Courts

2 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 10678

Vote: Courts

Title: Alcohol and Other Drug Treatment Court - Operational Support 2019/20

Description: Led by the Minister of Justice and Minister for Courts with the Minister of Police. This initiative aims to enable the Alcohol and Other Drug Treatment Court (AODT Court) to continue contributing to reducing crime, victimisation and harm by addressing alcohol and other drug dependency. This funding will enable the AODT Court to continue operating with dedicated police prosecutors, court co-ordinators and lawyer team leaders at the two pilot sites (Auckland and Waitakere) until the pilot ends on 30 June 2020. Having dedicated staff provides timely and consistent services to support participants undertaking treatment programmes. The dedicated staff also have experience in best practice approaches to alcohol and drug addiction.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Operating Balance Impact - 0.200 - - - Debt Impact - - - - - No Impact - - - - - Total - 0.200 - - -

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense: District Court Services - 0.200 - - - (funded by revenue Crown) Total Operating - 0.200 - - -

6 noted that there are associated initiatives in Vote Justice (Initiative 11632) and Vote Police (Initiative 11656);

3 42yarspc0r 2019-05-03 10:45:23 CAB-19-MIN-0174.09 Initiative No: 11574

Vote: Courts

Title: An Effective, Timely Crown Response to the Royal Commission of Inquiry into Historical Abuse in Care

Description: Led by the Minister of State Services, with the Ministers of Health, Justice, Police, Social Development and the Minister for Children. This initiative aims to ensure the Crown can engage with the Royal Commission of Inquiry into Historical Abuse in Care in a full, timely and joined-up manner, to help the Royal Commission achieve its vision of “Transforming the way we, as a nation, care for children, young people and vulnerable adults in our communities”. This will be done through providing funding for a cross-agency Secretariat to deliver a coordinated Crown approach, legal support for representation and procedural questions, and specialist support to agencies for researching and compiling records for the Royal Commission and individuals affected by the Royal Commission. This initiative will provide for Vote Courts’ additional support costs related to gathering and processing records.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Operating Balance Impact - 0.200 - - - Debt Impact - - - - - No Impact - - - - - Total - 0.200 - - -

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expenses: District Court Services - 0.135 - - - (funded by revenue Crown)

Senior Courts Services - 0.065 - - - (funded by revenue Crown) Total Operating - 0.200 - - -

7 noted that there are associated initiatives in Vote (Initiative 11630), Vote State Services (Initiative 11334), Vote Education (Initiative 11548), Vote Health (Initiative 11575) and Vote Internal Affairs (Initiative 11547);

4 42yarspc0r 2019-05-03 10:45:23 BUDGET : SENSITIVE

CAB-19-MIN-0174.09 Initiative No: 10677

Vote: Courts

Title: Canterbury Earthquakes Insurance Tribunal

Description: Led by the Minister for Courts. The Labour Party has a manifesto commitment to establish a tribunal to resolve remaining Canterbury earthquakes insurance claims more quickly, fairly and cheaply. In August 2018, Cabinet agreed to establish the Canterbury Earthquakes Insurance Tribunal (the Tribunal) to resolve insurance disputes, providing an alternative pathway for claimants, the (EQC), and insurers.

Funding to establish the Tribunal was provided through Budget 2018, but funding for subsequent years was not provided. This initiative is for the operation of the Tribunal in the 2019/20 fiscal period.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Operating Balance Impact - 3.387 - - - Debt Impact - - - - - No Impact - - - - - Total - 3.387 - - -

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Non-Departmental Other Expense: Tribunal Related Fees and Expenses - 2.260 - - -

Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense: Specialist Courts, Tribunals and Other - 1.127 - - - Authorities Services (funded by revenue Crown) Total Operating - 3.387 - - -

5 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 10684

Vote: Courts

Title: Enhancing Court Security

Description: Led by the Minister for Courts. This initiative aims to mitigate risks associated with the safety of all court users across New Zealand, prevent damage to property and enable court proceedings to be delivered in a safe and timely manner. This funding will maintain the current level of court security personnel across New Zealand’s court system.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Operating Balance Impact - 8.100 8.100 8.100 8.100 Debt Impact - - - - - No Impact - - - - - Total - 8.100 8.100 8.100 8.100

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expenses: Collection and Enforcement of Fines and - 0.162 0.162 0.162 0.162 Civil Debts Services (funded by revenue Crown)

District Court Services - 6.723 6.723 6.723 6.723 (funded by revenue Crown)

Senior Courts Services - 0.567 0.567 0.567 0.567 (funded by revenue Crown)

Specialist Courts, Tribunals and Other - 0.648 0.648 0.648 0.648 Authorities Services (funded by revenue Crown) Total Operating - 8.100 8.100 8.100 8.100

6 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 11629

Vote: Courts

Title: Alleviating Depreciation Cost Pressure in the Justice System Due to Revaluation of Property

Description: Led by the Minister for Courts. This initiative will alleviate the depreciation cost pressure from revaluation of court properties.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Operating Balance Impact - 2.200 2.200 2.200 2.200 Debt Impact - - - - - No Impact - - - - - Total - 2.200 2.200 2.200 2.200

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense: District Court Services - 2.200 2.200 2.200 2.200 (funded by revenue Crown) Total Operating - 2.200 2.200 2.200 2.200

7 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 10682

Vote: Courts

Title: Ensuring the Sustainability of the District Court by Appointing Additional District Court Judges

Description: Led by the Minister of Justice and the Minister for Courts, with the Ministers of Police and Corrections, the Minister for Children and the Attorney-General. This initiative aims to maintain access to justice within the District Court. This will be achieved by providing funding to appoint more District Court Judges to manage the court’s increased workload. The funding will also cover the additional justice sector staff needed to ensure additional judges can operate effectively.

Appropriation Changes $m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Operating Balance Impact - 11.636 11.151 11.193 11.193 Debt Impact - - - - - No Impact - - - - - Total - 11.636 11.151 11.193 11.193

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Non-Departmental Other Expense: Court and Coroner Related Costs - 3.000 3.000 3.000 3.000

District Court Judges' Salaries and Allowances - 5.010 4.710 4.710 4.710 (PLA)

Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense:

District Court Services - 3.626 3.441 3.483 3.483 (funded by revenue Crown) Total Operating - 11.636 11.151 11.193 11.193

8 agreed that, in addition to the ten additional District Court Judges funded by this initiative, the cap should be increased by the further two District Court Judges for whom funding was previously approved in Budget 2018, increasing the maximum number of District Court Judges able to be appointed to 172;

9 agreed that the District Court Act 2016 be amended to increase the maximum number of District Court Judges that can be appointed from 160 to 172;

10 noted that there are associated initiatives in Vote Justice (Initiative 11662), Vote Police (Initiative 11654), Vote Corrections (Initiative 11636), Vote Attorney-General (Initiative 11607), and Vote Oranga Tamariki (Initiative 11609); 8 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 11280

Vote: Courts

Title: Human Rights Review Tribunal - Increasing Access to Justice for People Whose Human Rights May Have Been Breached

Description: Led by the Minister for Courts. This initiative aims to provide timely access to justice to people who have lodged a claim with the Human Rights Review Tribunal (the Tribunal). This will be done by providing funding to appoint Deputy Chairpersons to the Tribunal, who can hear and determine more people’s claims.

Appropriation Changes

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Operating Balance Impact - 1.412 1.523 1.523 1.521 Debt Impact - - - - - No Impact - - - - - Total - 1.412 1.523 1.523 1.521 2023/24 2024/25 2025/26 & Outyears Operating Balance Impact 1.517 1.517 0.572 Debt Impact - - - No Impact - - - Total 1.517 1.517 0.572

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Non-Departmental Other Expense: Tribunal Related Fees and Expenses - 0.896 1.002 1.002 1.002

Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense: Specialist Courts, Tribunals and Other - 0.516 0.521 0.521 0.519 Authorities Services (funded by revenue Crown)

9 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 11280

2023/24 2024/25 2025/26 & Outyears Non-Departmental Other Expense: Tribunal Related Fees and Expenses 1.002 1.002 0.245

Multi-Category Expenses and Capital Expenditure: Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) Departmental Output Expense: Specialist Courts, Tribunals and Other 0.515 0.515 0.327 Authorities Services (funded by revenue Crown) Total Operating 1.517 1.517 0.572

11 noted that the above increases in baselines provides for six years of funding for three full- time Human Rights Review Tribunal deputy chairpersons and their support staff, and ongoing funding for one Human Rights Review Tribunal deputy chairperson and their support staff (from 2025/26 onwards);

10 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 11603

Vote: Courts

Title: Improving the Justice Response to Sexual Violence Victims

Description: Led by the Minister of Justice and for Courts, with the Attorney-General, the Minister of Corrections and the Minister of Police. This initiative will reduce the risk of sexual violence victims experiencing further trauma when participating in the criminal justice process. It will enable complainants to give evidence in alternative ways (including by pre-recorded video), ensure help is available for complainants and witnesses to understand and respond to questions in court, and provide specialist training to encourage lawyers to use best practice in sexual violence cases.

Appropriation Changes

$m - increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Operating Balance Impact - 0.488 1.085 1.931 2.007 Debt Impact - - - - - No Impact - - - - - Total - 0.488 1.085 1.931 2.007 2023/24 2024/25 2025/26 & Outyears Operating Balance Impact 2.257 2.607 3.507 Debt Impact - - - No Impact - - - Total 2.257 2.607 3.507

$m – increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 & Outyears Non-Departmental Output Expense: Court and Coroner Related Costs - - - 0.200 0.200

$m – increase/(decrease) 2018/19 2019/20 2020/21 2021/22 2022/23 Multi-Category Expenses and Capital Expenditure: - 0.488 1.085 1.731 1.807 Courts, Tribunals and Other Authorities Services, including the Collection and Enforcement of Fines and Civil Debts Services (MCA) 2023/24 2024/25 2025/26 & outyears Departmental Output Expense: District Court Services 2.057 2.407 3.307 (funded by revenue Crown)

11 42yarspc0r 2019-05-03 10:45:23

CAB-19-MIN-0174.09 Initiative No: 11603

12 noted that this initiative forms part of the package for eliminating family violence and sexual violence, led by the Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues) on behalf of the Minister of Justice with support from the Ministerial Group for family violence and sexual violence;

13 noted that the remainder of funding for this initiative is in Vote Attorney-General (Initiative 11592), Vote Justice (Initiative 11602), Vote Corrections (Initiative 11589) and Vote Police (Initiative 11612).

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