2010/11 ESTIMATES EXAMINATION RESPONSES TO THE ADDITIONAL QUESTIONS

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1 Ministry of Justice 2010/11 ESTIMATES EXAMINATION RESPONSES TO THE ADDITIONAL QUESTIONS VOTE COURTS Response provided by the Minister for Courts to the Justice and Electoral Committee on 23 June 2010

2 Contents Question 1: Projects terminated, re-phased or deferred...3 Question 2: New projects reduced in scale...3 Question 3: Vacancies to be carried over...3 Question 4: Reductions in discretionary expenditure...4 Question 5: Settlement of collective agreements...4 Question 6: Auckland Service Delivery programme...4 Question 7: Criminal Procedure Simplification programme...5 Question 8: Criminal Procedure Simplification programme...5 Question 9: Criminal Procedure Simplification programme...5 Question 10: Audio-Visual Links...6 Question 11: Audio-Visual Links...6 Question 12: Audio-Visual Links...7 Question 13: Audio-Visual Links...7 Question 14: Audio-Visual Links...8 Question 15: Audio-Visual Links...8 Question 16: Electronic Operating Model...9 Question 17: Electronic Operating Model...9 Question 18: Electronic Operating Model...9 Page 2

3 Question 1: Projects terminated, re-phased or deferred What projects under Vote Courts previously scheduled for 2010/11 have been terminated, re phased, or deferred in order to help manage resourcing pressures in 2010/11? Answer 1 The Ministry expects to progress initiatives in all priority areas as identified in the Statement of Intent for 2010/11. Question 2: New projects reduced in scale What new projects under Vote Courts for 2010/11 have been reduced in size of scale in order to help manage resourcing pressures? Answer 2 As part of good financial management, the Ministry of Justice continues to seek efficiencies and ensure the cost of projects is within resources available while meeting the Minister s objectives. Through the budget process, a small number of projects (Criminal Procedure Simplification, Electronic Operating Model and Audio Visual links) were scaled or sequenced to take into account the current fiscal environment and other activities, and to ensure benefits of the project are able to be realised. Question 3: Vacancies to be carried over How many vacancies in relation to courts operations does the Ministry of Justice propose to carry over or disestablish in the 2010/11 financial year, and what is the overall operational cost that may be saved? Answer 3 The Ministry of Justice is currently undertaking its detailed planning and budgeting process for the 2010/11 financial year. Therefore details of any non-critical vacancies that may be carried over to the 2010/11 financial year and resultant operational cost savings are not available at this time. Page 3

4 Question 4: Reductions in discretionary expenditure What reductions to discretionary expenditure such as travel, consultants etc. Is the Ministry making in 2010/11 in order to help manage resourcing pressures under Vote Courts? Answer 4 As part of good financial management practice, the Ministry of Justice maintains ongoing oversight and review of discretionary spending. Across the Ministry travel expenditure will be reduced through a number of operating practices such as better use of cheaper travel options through advance booking and other similar savings initiatives. Similarly, expenditure on consultants will be reduced through better management of the engagement and use of consultants. Question 5: Settlement of collective agreements What impact will recent settlements of collective agreements have on the appropriations in Vote Courts in 2010/11 and out years? Answer 5 Funding for the collective employment settlements is expected to be met from within existing appropriations. Question 6: Auckland Service Delivery programme What impact will delays in the Auckland Service Delivery programme have on the appropriations in Vote Courts in 2010/11 and out years? Answer 6 The Greater Auckland Region Service Delivery Strategy was funded in Budget 2008 for 2 years ($3.2m in 2008/09 and $3.1m in 2009/10). Continuing activity in 2010/11 in the Auckland Service Delivery programme is funded from within Ministry baselines and through expense transfers from the 2009/10 financial year. The budget in 2010/11 is significantly less than previous years as a result of a less intensive work programme. The Electronic Operating Model (EOM) was previously funded through this programme of work. In 2010/11 the operating funding for EOM has been set aside in contingency through Budget 2010 decisions and is to be submitted to the Cabinet Domestic Policy Committee for consideration at a later date. The financial impact of any delays in this programme will have minimal impact on the appropriation of Vote Courts given the level of funding allocated for this activity in Page 4

5 2010/11. Any identified underspends throughout the year will be assessed against other Ministry priorities and risks, and reallocation of funding may occur if appropriate. Outyear funding has not yet been identified but will be assessed as part of the Ministry's annual budget round for 2011/12 and beyond if required. Question 7: Criminal Procedure Simplification programme What work has the Ministry done to quantify the cost of implementing the Criminal Procedure Simplification programme? Answer 7 The Ministry has been working closely with justice sector partner agencies on the impacts of implementation of the new Bill throughout the policy and legislative drafting process. Initial modelling was completed as part of the development of policy proposals for consultation. Advice is now being prepared for Ministers that will include the impacts and the expected costs of implementing the Criminal Procedure Simplification programme. Question 8: Criminal Procedure Simplification programme Over what timeframe does the Ministry expect to implement the Criminal Procedure Simplification programme? Answer 8 At this stage, the Ministry expects more straightforward changes, such as those that do not require computer system changes, could commence on enactment of the legislation (expected around mid to late 2011). Wider implementation is expected to occur months after passage of legislation (around mid 2012/early 2013). Question 9: Criminal Procedure Simplification programme What modelling has the Ministry carried out on the likely efficiency gains arising from implementing the Criminal Procedure Simplification programme? Answer 9 Please refer to Question 7. Page 5

6 Question 10: Audio-Visual Links Ministry of Justice 2010/11 Additional Questions Vote Courts What does "Phase 1 (scaled)" of the AVL project actually involve? Answer 10 The initial phase of the AVL project focuses on the installation of equipment in specific courts and prisons, and the development and implementation of the protocols, processes and systems required to use it. This equipment will be used to enable remand prisoners to appear in court from prison. Phase 1 is dependent on the passage of the Courts (Remote Participation) Bill. Phase 1 has two parts. The first part of implementation will begin in August It involves AVL installations in both the Auckland District Court and Mt Eden / Auckland Central Remand Prison. The second part is the proposed implementation of installation in up to three further locations (i.e. court and corresponding prison) beginning in the final quarter of the 2010/2011 financial year. Question 11: Audio-Visual Links How many AVL units will be established in 2010/11, and where will they be located? Answer 11 The only installations confirmed for 2010/11 are those for the proof-of-concept test, which involves the Auckland District Court and Mt Eden / Auckland Central Remand Prison. The locations being considered for subsequent installations are: Ministry of Justice Manukau, Hamilton and Christchurch District Courts. Department of Corrections Auckland Region Women s Corrections Facility, Waikeria Prison and Christchurch Men s Prison (with the potential for an additional facility within Mt Eden / Auckland Central Remand Prison). These installations are in addition to the existing 30 installations. Subsequent installations will be dependent on the outcomes of the proof-of-concept test and available funding. Page 6

7 Question 12: Audio-Visual Links Ministry of Justice 2010/11 Additional Questions Vote Courts What are the overall costs (operating and capital) of implementing the of the AVL initiative? Answer 12 For the installations proposed under the AVL Performance Improvement Action a total of $1.238 million has been identified from the Ministry of Justice capital allocation for court specific AVL installations, plus a total budget of $1.037 million operating expenditure to cover implementation and ongoing operating costs over the next four years (to June 2014). The Department of Corrections has yet to define its capital allocation for prison-related AVL installations and a total budget of $0.383 million operating has been provided to cover implementation and ongoing operating costs over the next four years (to June 2014). Actual capital and operating expenditure requirements to deliver the objectives of the AVL Performance Improvement Action have yet to be fully defined and the proof-ofconcept test will be used as the basis of determining ongoing costs. Question 13: Audio-Visual Links The Committee notes that after incorporating the costs to implement AVL, the net present value ranges from $3.9 million for a low growth scenario to $29.3 million for high growth. What agency compiled the cost/benefit analysis of the AVL? How was the cost/benefit analysis of the AVL initiative compiled? What assumptions have underpinned the cost benefit analysis? Answer 13 What agency compiled the cost/benefit analysis of the AVL? The figures provided in this question relate to early modelling completed in 2007 by the Ministry of Justice and Department of Corrections involving differing options of installations. These installations are not the subject of the 2010 AVL Performance Improvement Action. More detailed work has been undertaken in 2009 to better assess the savings likely for particular courts, including considering the latest forecasts of remand prisoner inflow. This analysis also included consideration of use based on the draft Courts (Remote Participation) Bill. The Ministry of Justice, the Department of Corrections, NZ Police and the Legal Services Agency were involved in this cost/benefit analysis. Page 7

8 How was the cost/benefit analysis of the AVL initiative compiled? The analysis completed in 2009 focused on court appearances of remand prisoners, and associated activities (e.g. defendants in custody using AVL to provide instructions to defence counsel). The analysis was based on current remand court appearances, related transportation and legal aid costs. This provided a basis for projected costs and benefits. What assumptions have underpinned the cost benefit analysis? The assumptions were: That the Courts (Remote Participation) Bill is enacted in a form that allows the range of remand prisoner appearances via AVL to occur as envisaged; That a reduction in the numbers of prisoners physically transported to courts by using AVL can contribute to a reduction in prisoner transportation costs; That the marginal costs saved in not transporting a prisoner more than offsets the marginal costs associated with facilitating the appearance through AVL; Business process changes and Court scheduling solutions that reduce prisoner transport can be operationalised in a way that delivers the benefits envisaged. Question 14: Audio-Visual Links What longer term impacts may the implementation of the AVL initiative have on the appropriations within Vote Courts? Answer 14 The majority of benefits from the expanded use of AVL are received by other sector agencies. It is expected that the AVL initiative will have some savings and additional capacity and efficiency gains for courts. It has been estimated that savings of up to $0.1 million per annum by 2014/15 will result from the expanded use of AVL for courts which would impact on appropriations within Vote Courts. Question 15: Audio-Visual Links When will the effectiveness of the AVL initiative be evaluated? Answer 15 Following the passage of the Courts (Remote Participation) Bill, initial testing of AVL for the appearance of defendants in custody will be carried out in Auckland (Mt Eden / Auckland Central Remand Prison and Auckland District Court). The testing will be monitored and reviewed and lessons learnt will inform any further rollout of AVL in courts and prisons. Following the passage of the Bill, the Ministry intends to monitor the expanded usage of AVL over the four years after implementation. Page 8

9 Question 16: Electronic Operating Model What plans have been established for the roll out of the electronic operating model? Answer 16 The justice sector has determined that the first phase of the electronic operating model will involve the electronic filing, management and disposal of an estimated 270,000 charges received annually from NZ Police. Implementation of this first phase will require approximately 24 months with the first electronic charges process from NZ Police by mid Question 17: Electronic Operating Model What will the implementation of the electronic operating model cost (operating and capital)? Answer 17 Cost estimates for the first phase for the Ministry of Justice and NZ Police of the electronic operating model identified $11.2m capital and $7.8m operating expenditure between 2010/11 and 2013/14. Note: Operating excludes capital charge. Question 18: Electronic Operating Model Has the Ministry carried out a cost benefit analysis of the electronic operating model, and if so, what were its results? Answer 18 The Ministry in consultation with other relevant parties (including NZ Police, Department of Corrections and Legal Services Agency) has completed a cost benefit analysis of the first phase for the electronic operating model. The analysis highlights that benefits are expected to equate to the costs, which excludes any future value that the upfront infrastructure investment provides for subsequent phases. The major benefit of the first phase is to start establishing the platform for a wholly electronic criminal summary operating model that over time will enable a number of other significant benefits to accrue. Page 9

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