Attorney-General 2008

Briefing for the Incoming Attorney-General In relation to the functions provided by the Ministry of Justice November 2008 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 Contents Introduction...............................................................................................................................5 Attorney-General - Portfolio Background ............................................................................7 1.1 Role of Attorney-General..............................................................................................7 1.2 Judicial and Statutory Appointments ............................................................................7 1.3 New Zealand Bill of Rights Act 1990 ............................................................................8 1.4 Implementation of the Foreshore and Seabed Act 2004 ..............................................9 Issues Requiring Attention..................................................................................................13 2.1 Issues requiring attention in the next eight weeks......................................................13 2.2 Issues requiring attention in the next six months........................................................14 Ministry of Justice - Support provided to the Attorney-General.....................................15 3.1 Role and Functions of Ministry of Justice ...................................................................15 3.2 Services provided to the Attorney-General.................................................................15 3.3 Ministry Contacts ........................................................................................................16 Overview of the Justice Sector ...........................................................................................17 4.1 The New Zealand Justice System ..............................................................................17 4.2 The Justice Sector......................................................................................................17 4.3 Collaboration and Coordination ..................................................................................19 4.4 Current Challenges for the Justice system.................................................................20 3 Ministry of Justice -- Briefing for the Incoming Attorney--Genera|, November 2008 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 Introduction In accordance with the Cabinet Manual 2008, the purpose of this briefing is to provide you with information about, and the support offered by the Ministry of Justice to, the portfolio of the Attorney-General. This briefing covers: o a summary of the areas within the Attorney-General portfolio that are administered by the Ministry of Justice o a summary of the major issues and pending decisions relating to this part of the Attorney-General portfolio that are likely to require your consideration, either immediately or within the next six months o background information on Ministry of Justice and contacts within the Ministry o a brief overview of the justice sector. We welcome the opportunity to brief you in more detail on these issues and initiatives in the near future. 5 Ministry of Justice -- Briefing for the Incoming Attorney--Genera|, November 2008 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 SECTION ONE 1.1 Attorney-General - Portfolio Background Role of Attorney-General The Attorney-General has two roles in government. The first is as a Minister of the Crown with ministerial responsibilities for the Crown Law Office, the Serious Fraud Office, and the Parliamentary Counsel Office. The second role is that of Senior Law Officer of the Crown with principal responsibility for the Government's administration of the law. This function is exercised in conjunction with the Solicitor-General who is the Junior Law Officer. Within the second role, the Attorney-General is responsible for three areas administered by the Ministry of Justice: o Judicial and some statutory appointments. o The New Zealand Bill of Rights Act 1990 (BORA). o Implementation of the Foreshore and Seabed Act 2004. The Ministry of Justice provides services to the Attorney-General in respect of these three areas through the Ministry's Policy Group. Section Three of this briefing provides further details of the Ministry's role and the services provided. 1.2 Judicial and Statutory Appointments The Attorney-General is responsible for the following appointments that are established under legislation administered by the Ministry of Justice: o Coroners - Coroners are appointed under the Coroners Act 2006 by the GovernorGeneral on the advice of the Attorney-General, given after consultation with the Minister of Justice. The Act establishes the positions of Chief Coroner and up to 20 other Coroners. o District Court Judges - District Court Judges, including Family and Youth Court Judges, are appointed by the Governor-General, on the advice of the AttorneyGeneral, under the District Courts Act 1947. There is currently a ceiling of 140 Judges. 7 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 o Employment Court Judges - Employment Judges are appointed by the Governor-General on the advice of the Attorney-General pursuant to section 200 of the Employment Relations Act 2000. o Environment Court - Environment Judges and Commissioners are appointed by the Governor-General, on the recommendation of the Attorney-General, after consultation with the Minister for the Environment and the Minister of M?ori Affairs, pursuant to section 250 of the Resource Management Act 1991. o Judicial Conduct Commissioner - The Commissioner is appointed pursuant to section 7 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004. The appointment is made by the Governor-General on the recommendation of the House of Representatives, following consultation by the Attorney-General with the Chief Justice. The Commissioner's role is to examine complaints about Judges and determine whether the complaints are dismissed, referred to the relevant Head of Bench or are serious enough to warrant an investigation by a Judicial Conduct Panel. o Legal Aid Review Panel - The Panel is established under section 62 of the Legal Services Act 2000, and its members are appointed by the Attorney-General. It is a quasi-judicial, independent tribunal charged with responsibility for reviewing decisions of the Legal Services Agency relating to applications for, or grants of, legal aid, and for reviewing lawyer remuneration decisions of the Agency. The panel consists of a Convenor and a mix of lawyer and lay members. o New Zealand Parole Board - The Board is established under the Parole Act 2002, and its members are appointed under section 111 by the Governor-General on the recommendation of the Attorney-General. The Board consists of a Chairperson (a Judge or retired Judge), panel convenors (usually District Court Judges) and a number of lay members. The principal function of the Board is to consider offenders for release from prison on parole. The Solicitor-General (not the Secretary for Justice) is responsible for advising the Attorney-General on appointments to the higher courts (the High Court, Court of Appeal and Supreme Court). 1.3 1.3.1 New Zealand Bill of Rights Act 1990 Provision of Advice on the New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (BORA) requires the Attorney-General to advise the House of Representatives if any provision in a Bill appears to be inconsistent with any of the rights and freedoms contained in BORA. 8 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 To assist the Attorney-General fulfil the statutory functions under the Act, advice is provided on all Bills except Appropriation Bills. The Crown Law Office provides advice on all Bills developed by the Ministry of Justice, while the Ministry provides advice on all other Government, Members', private and local Bills. For Government Bills, any advice on inconsistency under section 7 must be provided to the House on introduction. For all other Bills, Standing Order 264 requires advice to be provided before the motion for first reading is moved. The Ministry (through its Human Rights team in the Public Law Unit of the Policy Group) also provides comment and guidance (not legal advice) to departments, when requested, on the consistency of policy proposals or regulations with BORA and the Human Rights Act 1993. In practice, this is a significant component of the work and is helpful in identifying, and in many cases resolving, BORA issues before legislation is drafted. 1.3.2 Privilege and Publication of Advice on the New Zealand Bill of Rights Act since 2003 Officials' advice on BORA consistency is published on the Ministry of Justice website (www.justice.govt.nz) as soon as practicable following a Bill's referral to Select Committee. Specific approval for publication is sought on each piece of advice and the AttorneyGeneral has the right to maintain legal professional privilege in respect of any BORA advice. Publication promotes public debate and understanding of BORA issues, provides greater transparency about the vetting process and assists Select Committees and submitters to assess BORA issues when considering Bills. 1.4 1.4.1 Implementation of the Foreshore and Seabed Act 2004 Overview As Senior Law Officer, the Attorney-General, in association with the Minister of M?ori Affairs, has functions under the Foreshore and Seabed Act 2004 to enter into agreements with groups concerning territorial customary rights recognition under the Foreshore and Seabed Act 2004. The Act provides for groups to enter into negotiations with the Crown. Negotiations under the foreshore and seabed legislation have non-Treaty origins. They relate to ongoing customary or aboriginal title (territorial customary rights) that existed from 1840 to 2004 and can be demonstrated by the relevant groups: o having continuous title to a significant part of the contiguous land to the public foreshore and seabed; and 9 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 o demonstrating exclusive use and occupation without substantial interruption of the specified public foreshore and seabed area. Any agreements reached through direct negotiations require confirmation by the High Court under section 96 of the Act and will also require legislation to give effect to the redress to be provided to the groups. 1.4.2 Role of the Ministry of Justice and other Government Departments The Foreshore and Seabed Unit within the Ministry's Policy Group is the lead agency for the negotiation of foreshore and seabed agreements, and co-ordinates the input of other departments as necessary. Other departments play a vital role in the Crown's ability to negotiate foreshore and seabed agreements. They provide policy advice on aspects of the agreements relating to their areas of expertise, and in many cases, directly provide mechanisms as redress. The pace and success of negotiations depends heavily on departments' contributions, which they need to balance against their core functions and other priorities. o Te Puni K?kiri provides cultural support and advice on mandating, governance and ratification issues. Te Puni K?kiri also assists in the overall negotiating strategy as the Minister of M?ori Affairs is also responsible for any agreements reached under the Foreshore and Seabed Act. o The Crown Law Office advises the Foreshore and Seabed unit on legal issues, collates research to provide a foundation upon which the Attorney-General and Minister of M?ori Affairs can agree to provide supporting affidavits in the High Court, and assists with representation at the Waitangi Tribunal and the High Court. o The Department of Conservation provides advice on issues affecting plant and animal species, and particularly on the coastal provisions of the Resource Management Act and marine reserves and conservation-related regulatory tools that are implemented in the public foreshore and seabed. o The Ministry of Fisheries advises on non-commercial sea fisheries issues. o The Ministry for the Environment advises on resource management issues. o The Ministry for Culture and Heritage advises on moveable protected objects issues. o The Parliamentary Counsel Office drafts legislation to give effect to Deeds of Agreement. The Office of Treaty Settlements within the Ministry of Justice occasionally works alongside the Foreshore and Seabed Unit where negotiations consider both territorial customary rights over the public foreshore and seabed and historical Treaty claims. 10 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 1.4.4 Agreements to November 2008 Since 2004, the Crown has commenced negotiations with five groups. The Crown is currently negotiating with: o Te R?nanga o Ng?ti Porou (on behalf of certain hap? of Ng?ti Porou) o Te R?nanga o Te Whanau (on behalf of the hap? of Te Whanau a Apanui) o Ng?ti Porou ki Hauraki Trust (on behalf of Ng?ti Porou ki Harataunga ki Mataora) o Te R?nanga o Te Rarawa (on behalf of participating hap? of Te Rarawa) o Ng?ti Pahauwera Development Trust (representing the confederation of hap? of Ng?ti Pahauwera). Heads of Agreement signed with Te R?nanga o Ng?ti Porou and Te R?nanga o Te Whanau The first two Heads of Agreement under the Foreshore and Seabed Act 2004 were signed in February 2008, following extensive negotiations since late 2004. The first Heads of Agreement was signed by the Crown and Te R?nanga o Ng?ti Porou (on behalf of certain hap? of Ng?ti Porou) on 5 February 2008. The second Heads of Agreement was signed by the Crown and Te R?nanga o Te Whanau (on behalf of the hap? of Te Whanau a Apanui) on 28 February 2008. These two negotiations were combined and given priority because they covered a large population and the largest foreshore and seabed area with adjoining M?ori land. Unlike most other parts of New Zealand, there is a concentration of M?ori land contiguous with the public foreshore and seabed owned by members of these hap? who have had a long association with the areas. Deed of Agreement with Te R?nanga o Ng?ti Porou A Deed of Agreement between the Crown and Te R?nanga o Ng?ti Porou (on behalf of certain hap? of Ng?ti Porou) was initialled on 7 August 2008. Following a ratification process, the Crown confirmed that 50 of the 52 hap? of Ng?ti Porou supported and would be covered by the agreement. The Deed of Agreement between the Crown and hap? was signed on 31 October 2008. The Bill giving effect to the agreement - Nga Rohe Moana o Ng? Hap? o Ng?ti Porou Bill was introduced on 29 September 2008. (The Bill lapsed when the 48th Parliament dissolved on 3 October 2008 and will need to be considered for the reinstatement motion - see Section Two: Issues Requiring Attention.) 11 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 The Deed of Agreement between the Crown and nga hap? o Ng?ti Porou requires the relevant hap? (within three months of signing the Deed) to make an application under section 96 of the Foreshore and Seabed Act to the High Court for recognition of territorial customary rights. Under the Deed, the Attorney-General and Minister of M?ori Affairs have agreed to file affidavits in support of the application. This is consistent with the legislative requirements under section 96(2) of the Act. Ng?ti Porou ki Hauraki and Te R?nanga o Te Rarawa On 15 October 2008, a milestone document was signed by the Crown and Te R?nanga o Te Rarawa. On 4 November 2008, a milestone document was also signed by the Crown and Ng?ti Porou ki Hauraki. The milestone documents set out progress made to date and next steps. Ng?ti Pahauwera Ng?ti Pahauwera and the Crown signed the first combined Treaty settlement and foreshore and seabed Terms of Negotiation on 8 May 2008. An Agreement in Principle was signed on 30 September 2008. The Agreement in Principle sets out the nature and scope of the Crown's offer to settle the historical Treaty of Waitangi claims and address foreshore and seabed interests of Ng?ti Pahauwera. 1.4.5 Key Issues relating to Recognition of Territorial Customary Rights Withheld under section 9(2)(g)(i) of the Official Information Act 1982. 12 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 SECTION TWO Issues Requiring Attention This section provides a summary of issues that are expected to require your consideration in the next eight weeks and in the next six months. 2.1 2.1.1 Issues requiring attention in the next eight weeks Forthcoming judicial and statutory appointments District Court Judges and Acting District Court Judges The Chief District Court Judge initiates the action to appoint District Court Judges and Acting District Court Judges. The warrants of several acting Judges are due to expire early in 2009, and decisions on reappointment will need to be made. Legal Aid Review Panel There are 10 members of the Legal Aid Review Panel whose appointments expire on 4 November 2008. These appointments continue in force under carry-over provisions but will be the subject of a briefing on review options at an early opportunity. 2.1.2 Implementation of the Foreshore and Seabed Act 2004 Nga Rohe Moana o Nga Hap? o Ng?ti Porou Bill Key date: December 2008 Nga Rohe Moana o Nga Hap? o Ng?ti Porou Bill was introduced on 29 September 2008. The Bill lapsed when the 48th Parliament dissolved on 3 October 2008 and will need to be considered for the reinstatement motion. The Bill gives effect to the Deed of Agreement between certain hap? of Ng?ti Porou and the Crown in relation to the relevant foreshore and seabed area (described in the Bill as "nga rohe moana o nga hap? o Ng?ti Porou"). The Bill contributes to the legal expression, protection, and recognition of the continued exercise of mana by the hap? of Ng?ti Porou. The Deed of Agreement contains various recognition instruments, some of which require legislation to be given full effect. If legislation is not passed, the Deed will not be able to be given full effect. Subject to your decision, the Foreshore and Seabed unit will provide support as the Bill passes through each stage of the House, including preparing your speech notes, advising the select committee considering the Bill, and supporting your role in the Committee of the Whole House stage. 13 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 High Court Process - confirming territorial customary rights Key date: 31 January 2009 The Deed of Agreement between certain hap? of Ng?ti Porou and the Crown requires the relevant hap? to make an application to the High Court under section 96 of the Foreshore and Seabed Act within three months of signing the Deed (the Deed was signed on 31 October 2008. The application relates to the High Court confirming territorial customary rights areas of the hap?. It will be the first application under section 96 of the Act. On or around the date that the application of the hap? is made, the Deed (and the Act) requires the Attorney-General and the Minister of M?ori Affairs to file affidavits in support of the applications. You need to make a decision on the timing and content of the Crown's affidavits. The Foreshore and Seabed unit will work closely with the Crown Law Office and Te Puni K?kiri to provide advice to you and the Minister of M?ori Affairs in December on the section 96 application and your supporting affidavit(s). 2.2 2.2.1 Issues requiring attention in the next six months Funding for additional Judges When additional judges are appointed the Ministry is not automatically funded for the increased support costs incurred. Excluding salary and significant property work, for each additional judge the costs are between $157,000 and $405,000 per year on an ongoing basis and between $70,000 and $170,000 for one-off establishment costs. In May 2006 the then Attorney-General agreed that, following the appointment of an additional judge, the Ministry should seek funding (at a rate agreed by The Treasury) from Cabinet. Such an agreement: o preserves the independence of the judiciary o ensures the Ministry can provide timely support without compromising other services o ensures transparency over the real cost of each additional appointment. A paper will be prepared for you seeking to renew this agreement so that the current funding process for new appointments continues. 14 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 SECTION THREE 3.1 Ministry of Justice - Support provided to the Attorney-General Role and Functions of Ministry of Justice The Ministry is responsible for three core functions: o leadership of the justice sector o the delivery of operational services including services to support the work of courts and tribunals, collections, electoral services and negotiations for settling historical Treaty of Waitangi claims o the provision of policy advice. The Ministry administers these functions through three Votes - Vote Justice; Vote Treaty Negotiations; and Vote Courts. The Minister of Justice is the Responsible Minister for the overall Ministry of Justice. 3.2 Services provided to the Attorney-General The Ministry provides services to the Attorney-General, as Senior Law Officer, through the Ministry's Policy Group in respect of the three areas of the role of the AttorneyGeneral administered by the Ministry of Justice. 3.2.1 Statutory Appointments The Ministry's Policy Group includes the Office of Legal Counsel (OLC) that provides legal opinions on a wide range of policy and operational issues and advice. The Office of Legal Counsel includes the Ministry's Statutory and Judicial Appointments Units: o The Statutory Appointments Unit provides the Attorney-General, the Minister of Justice and the Secretary for Justice with the administrative support for undertaking the timely review of statutory appointments (including Crown entities, tribunals, and quasi-judicial roles) within the Justice portfolio. o The Attorney-General's Judicial Appointments Unit was set up specifically to handle expressions of interest in judicial appointments with the highest degree of confidentiality and security. The unit provides administrative assistance throughout the appointment process. 15 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 3.2.2 New Zealand Bill of Rights Act 1990 The Office of Legal Counsel also works alongside the Human Rights team in the Public Law Unit of the Policy Group to assist in the preparation of advice to the AttorneyGeneral on the consistency of all Government, Members', private and local Bills (other than Bills developed by the Ministry) with the Bill of Rights Act 1990 and the Human Rights Act 1993. (The Crown Law Office provides advice to the Attorney-General on the consistency of all Bills developed by the Ministry with the Bill of Rights Act 1990.) 3.2.3 The Foreshore and Seabed Act 2004 The Foreshore and Seabed Unit within the Public Law Unit of the Policy Group has the lead role in the implementation and administration of the Act. The Foreshore and Seabed Unit manages direct negotiations, instructs Crown Law in litigation involving the Crown (e.g. applications for customary rights orders, applications for territorial customary rights findings), monitors and provides input into policy initiatives affecting the public foreshore and seabed, and provides general information about the Act. 3.3 Ministry Contacts The following are the key contacts in the Ministry in relation to support to the AttorneyGeneral: Position Name Secretary for Justice and Chief Executive Belinda Clark Deputy Chief Executive Sandi Beatie Deputy Secretary Policy Jared Mullen Deputy Secretary Legal To be appointed Chief Legal Counsel Jeff Orr General Manager, Public Law Helen Wyn Director, Foreshore and Seabed Benesia Smith Telephone Telephone numbers withheld under section 9(2)(a) of the Official Information Act 1982. Main Ministry of Justice number is 04 918 8800 16 Cellphone Withheld under section 9(2)(a) of the Official Information Act 1982. Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 SECTION FOUR 4.1 Overview of the Justice Sector The New Zealand Justice System New Zealand's justice system includes constitutional arrangements and legal frameworks, civil and criminal structures and processes, police investigation and apprehension of offenders, judicial process and dispute resolution, and management of offenders in prison or on community-based sentences and orders. It includes all the processes that citizens and the State are required to follow to ensure equitable dispute resolution, and the balancing of the rights and obligations of the State and individuals, and between individuals. In order to ensure the effective management of the New Zealand justice system, the various agencies involved have recognised the need to operate as a cohesive sector. The Ministry of Justice has a pivotal role in leading the work of the justice sector. 4.2 The Justice Sector The New Zealand justice sector works for a safe and just society where communities are safe and civil and democratic rights are enjoyed by all, such as the right to vote, the right to a fair trial and the right to have a grievance considered. The sector comprises the Ministry of Justice, Department of Corrections, New Zealand Police, the Crown Law Office, the Serious Fraud Office1, Ministry of Social Development (regarding Youth Justice matters) and a number of Crown entities and other agencies. 1 The Serious Fraud Office (Abolition and Transitional Provisions) Bill was before the House when Parliament was dissolved before the general election. 17 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 JUSTICE SECTOR OUTCOMES A Safe and Just Society Civil and Democratic Rights and Obligations Enjoyed Safer Communities Impact of Crime Reduced Offenders Held to Account Crime Reduced Trusted Justice System Accessible Justice Services International Connectedness Durable Settlement of Treaty Claims Effective Constitutional Arrangements SECTOR AGENCIES Core sector agencies Ministry of Justice New Zealand Police Department of Corrections Ministry of Social Development Crown Law Office Serious Fraud Office Crown entities and other agencies Electoral Commission Electoral Enrolment Centre Legal Services Agency New Zealand Council of Victim Support Groups Human Rights Commission Law Commission Independent Police Conduct Authority Office of the Privacy Commissioner InspectorGeneral of Intelligence and Security The justice sector2is large and diverse, touching on all areas of New Zealand society. It covers criminal, civil and democratic processes. The sector includes police and court work, imposing and collecting fines, running prison and probation services and managing general elections. 18 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 A snap-shot of activity in the justice sector On average, every day of the year (250 working days for Courts; 365 for the Police, Child, Youth and Family and Corrections): o o o o o o o o o Police answer 1,931 emergency calls and 2,963 other calls 1,169 crimes are recorded 830 on-road speed traffic and 3,900 infringement notices are issued more than 10 jury trials are disposed of in the District Courts 26 youth justice cases are referred to Child, Youth and Family, and 24 Family Group Conferences are convened 815 cases are disposed of by the criminal summary jurisdiction of the District Court 163 applications are made in Disputes and Tenancy Tribunals 365 applications are made in the civil jurisdiction of the District Court and the Family Court approximately 7,900 people are in prison, and 33,900 offenders are on community-based sentences. The sector also: o o o o 4.3 employs more than 29,000 staff, and operates from over 500 sites around the country administers more than 180 individual Acts of Parliament makes 14 million electronic data transactions per year through 32 separate electronic data interfaces manages 405 gigabytes of criminal data in the justice data warehouse, which is updated daily. Collaboration and Coordination The Secretary for Justice provides leadership to the justice sector as a whole and chairs the Justice Sector Chief Executives Group, which meets monthly and provides oversight and direction for the sector. Justice agencies have a number of mechanisms in place to ensure that sector agencies are working together to achieve desired outcomes for the sector. These include: o Shared outcomes framework and performance information, which supports coordinated planning and improved understanding of the effectiveness of initiatives and interventions across the sector. o The Justice Sector Information Strategy enables agencies to access relevant, current information and operate from a shared perspective; and data systems investments to take into account the impact on other justice agencies. 19 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 o The shared justice sector budget process supports sector planning processes and means that Ministers are provided with advice about shared funding priorities, the relative contribution of initiatives to shared outcomes, and the flow-on impacts of initiatives on other parts of the justice sector. o The Justice Sector prison forecast provides the sector with a shared view of future capacity constraints in the justice system (based on existing policy settings), including the underlying drivers of growth. o Sector wide collaboration on policy development, which includes the work that the Ministry of Justice, Police, Law Commission, State Services Commission and other agencies have undertaken on the development of proposals and legislation to combat organised crime in New Zealand. This work includes the creation of the new Organised and Financial Crime Agency of New Zealand. o Sector wide operational forums for co-operation, which support collaboration and improved understanding of operational issues and flow-on impacts. 4.4 4.4.1 Current Challenges for the Justice system3 Civil The justice system plays a vital role in the economy. By enforcing contracts, the court system gives individuals and companies the certainty they need to enter into business agreements. A well functioning court system supports economic activity by providing a timely and enforceable means of resolving civil and commercial disputes through the High Court, District Court, Disputes or Tenancy Tribunal. For the system to be effective, the courts need to be accessible. Cases need to be heard within a reasonable time frame. However, in the High Court, and in Auckland in particular, there can be lengthy waiting times for civil fixtures. Further, under current settings, civil disputes cannot always be resolved through the courts at a cost that is in keeping with the nature and scope of the dispute and the enforcement of the resolution (for example, the collection of civil debt) can be unduly lengthy. 4.4.2 Criminal Over the last decade total recorded crime has decreased, both in absolute numbers and per head of the population. During that period, the offence categories with the highest levels of offending have been dishonesty, drugs and anti-social, and violence (in that order). The reduction in total crime is mainly due to fewer dishonesty offences, such as theft, burglary and fraud. Some types of crime have increased, including violent offences and property damage. 3 For more information about trends in criminal justice, see The New Zealand Criminal Justice Sector Outcomes Report (2008) at http://www.justice.govt.nz/pubs/reports/2008/criminal-justice-sector 20 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 Despite the reduction in total crime, there has been significant growth in volumes dealt with throughout the New Zealand justice system. For example, growth in the prison population has been due to an increase in the use of imprisonment since 2002 and an increase in the average time served by prisoners. This has had significant fiscal impact, creating a need for additional prisons to be built to meet demand for prison beds and placing strain on court capacity. Imprisonment also has wider social and economical costs and impacts on families, communities and the labour force. Real expenditure has increased significantly for the justice sector since 1999; 21 percent for Police, 29.7 percent for the Ministry of Justice and 76.7 percent for the Department of Corrections. This growth reflects a period of significant increase in demand for services. Since 2001, 68 percent of additional expenditure provided for Corrections supported increases in custodial capacity and 42 percent of new Police funding has been used for improving capability and capacity. The most significant investments in the Ministry of Justice have supported the implementation of new legislation, new services, and restoring capability and capacity. The recent introduction of additional non-custodial sentences has reduced the number of offenders being imprisoned on shorter sentences. However, prison forecasts suggest there are still underlying growth factors that will lead to an increase in the prison population. In particular, the average time served by offenders on some longer term sentences continues to rise, and the average amount of time served on remand also continues to increase (primarily because of the increase in jury trials). In order to achieve increased value for money the sector will require a response that will: o address the underlying causes of crime in the medium to long term, including focussing on early interventions for at-risk children and their families and whanau o reduce opportunities for offending and reoffending o enhance victim satisfaction with the criminal justice system o alleviate short term prison capacity issues. While there are a number of opportunities for improving efficiency within the justice system that will help reduce pressure on prison capacity in the short term, the most promising avenue in the long term lies in tackling the underlying drivers of criminal offending and re-offending. To do this, the justice sector relies on interventions in the health, education and social development fields. This approach requires ongoing integrated action between many government agencies. Agencies involved to date in this work include the Department of the Prime Minister and Cabinet, the Treasury, the State Services Commission, the Department of Corrections, the New Zealand Police, the Law Commission, Te Puni K?kiri, and the Ministries of Justice, Social Development, Health, Education, and Transport. 21 Ministry of Justice -- Briefing for the Incoming Attorney--Genera|, November 2008 22 Ministry of Justice - Briefing for the Incoming Attorney-General, November 2008 tnnE_._n ucm zuu E__E=uHln_u _mu:Em_mnm .33 _mE ummumuEn_ tzuu SEE EB mn.:mEmm Emfibm muzmzw H_1__ud. T. EEHEE IE1 HHEL ml:n_n_uE ucm Fttu .t_un_nT_m Hun! 23