link to page 1 link to page 1
19 December 2022
Attention: I Brown
By email:
[FYI request #21242 email]
Tēnā koe
Official information request regarding Crown prosecutor numbers and fees
Our Ref: OIA353/1
1.
I refer to your official information requests of 26 November 2022.1 You
requested the following.
Information regarding prosecutor numbers
1.1
The number of lawyers classified as
junior prosecutor by Crown Law as
at 1 July for the years 2017-2020.
1.2
The number of lawyers classified as
intermediate prosecutor by Crown
Law as at 1 July for the years 2017-2020.
1.3
The number of lawyers classified as
senior prosecutor by Crown Law as
at 1 July for the years 2017-2020.
1.4
The number of lawyers classified as
principal prosecutor by Crown Law
as at 1 July for the years 2017-2020.
You asked that the information at
[1.1] to
[1.4] to be provided in two
ways.
1.4.1
The number of prosecutors at each classification level for the
whole of New Zealand.
1.4.2
The number of prosecutors at each classification level working
in
each “court cluster”, as defined by Legal Aid.
Information regarding Crown prosecutor fees
1.5
A copy of the Crown Solicitors Terms of Office current as at:
1.5.1
1 January 2015.
1.5.2
1 January 2020.
1 Pursuant to section 14 of the Official Information Act 1982, your requests were transferred from the Ministry of Justice to Crown
Law on 2 December 2022.
Level 3 Justice C entre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
7139773_3
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2
1.6
Copies of all documents setting out Crown Solicitors’ fees and
disbursement rates generally and for each classification of prosecutor
(as existed at the time) as at:
1.6.1
1 January 1995.
1.6.2
1 January 2000.
1.6.3
1 January 2005.
1.6.4
1 January 2010.
You requested the information at
[1.6] cover both Crown prosecutions
and prosecutions conducted by Crown Solicitors’ offices on instruction
from Government departments.
2.
To contextualise the information we have provided in response to your requests,
we note the following.
Information regarding prosecutor numbers
3.
Crown Law holds data in respect of the number of classified Crown prosecutors
at all levels of classification. However, that data cannot be isolated to determine
the number of prosecutors at each classification level at a particular date.2
Rather, the data reflects the number of classified prosecutors registered with
Crown Law in each calendar year. Accordingly, the tables below are based on the
number of classified prosecutors at each level of classification for the calendar
years 2017-2020.
4.
Because Crown Law does not utilise the “court cluster” definition adopted by
Legal Aid, we are unable to specify the requested data on that basis. Instead, the
number of classified prosecutors is recorded in the tables below against each of
the 17 Crown Solicitor warrants that constitute the Crown Solicitor Network (and
collectively account for the total number of classified Crown prosecutors across
the country).
2017
Location
Junior
Intermediate
Senior
Principal
Total
Auckland
67
35
17
9
128
Christchurch
5
8
5
3
21
Dunedin
0
1
1
1
3
Hamilton
4
1
6
2
13
Invercargill
3
1
1
1
6
Manukau
7
10
7
1
25
Napier/Gisborne
2
2
0
3
7
2 In terms of your request, as at 1 July 2017-2020.
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3
New Plymouth
3
0
1
2
6
Palmerston North
2
2
1
2
7
Rotorua
3
1
1
1
6
Tasman
1
2
2
1
6
Tauranga
2
4
4
1
11
Timaru
3
1
2
0
6
Whanganui
2
1
1
1
5
Wellington
7
10
9
4
30
Whangārei
0
7
3
1
11
2018
Location
Junior
Intermediate
Senior
Principal
Total
Auckland
79
40
17
8
144
Christchurch
7
6
4
3
20
Dunedin
0
2
1
1
4
Hamilton
5
1
6
2
14
Invercargill
6
1
2
1
10
Manukau
10
15
5
2
32
Napier/Gisborne
3
2
0
3
8
New Plymouth
2
1
0
2
5
Palmerston North
5
2
1
2
10
Rotorua
4
0
1
1
6
Tasman
2
3
1
1
7
Tauranga
3
3
5
1
12
Timaru
2
2
2
0
6
Whanganui
2
2
1
1
6
Wellington
9
9
7
4
29
Whangārei
1
6
2
2
11
2019
Location
Junior
Intermediate
Senior
Principal
Total
Auckland
96
34
19
8
157
Christchurch
4
11
4
2
21
Dunedin
0
2
1
1
4
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4
Hamilton
6
2
4
2
14
Invercargill
5
1
2
1
9
Manukau
9
21
5
2
37
Napier/Gisborne
3
3
0
3
9
New Plymouth
2
1
0
2
5
Palmerston North
5
1
2
2
10
Rotorua
3
0
3
1
7
Tasman
2
2
1
1
6
Tauranga
3
2
5
1
11
Timaru
2
2
2
0
6
Whanganui
2
1
1
1
5
Wellington
10
10
6
4
30
Whangārei
4
6
1
2
13
2020
Location
Junior
Intermediate
Senior
Principal
Total
Auckland
104
27
19
8
158
Christchurch
2
12
3
3
20
Dunedin
1
0
2
1
4
Hamilton
9
3
2
2
16
Invercargill
4
1
2
1
8
Manukau
14
20
7
3
44
Napier/Gisborne
2
3
0
2
7
New Plymouth
1
2
0
2
5
Palmerston North
6
1
2
2
11
Rotorua
3
0
2
1
6
Tasman
1
3
1
1
6
Tauranga
1
3
4
2
10
Timaru
2
2
2
0
6
Whanganui
3
1
1
1
6
Wellington
14
10
3
5
32
Whangārei
3
6
2
2
13
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5
5.
In terms of the above data, we note the following.
5.1
Where an individual prosecutor changed classification in a year, they are
recorded under the more senior of the two classifications they held that
year.
5.2
Where an individual prosecutor moved between Crown Solicitor offices
in a year, they are recorded against the office at which they spent most
of their time that year.
5.3
An individual lawyer receiving Crown classification does not
automatically translate into them carrying out Crown prosecution work.
For example, the office of the Auckland Crown Solicitor has many of its
solicitors classified as Crown prosecutors, but not all are engaged in
Crown prosecutions.
5.4
There is no obligation on Crown Solicitors to immediately advise Crown
Law of an individual Crown prosecutor ceasing to carry out work in that
capacity. Rather, Crown Law circulates an annual questionnaire across
the Crown Solicitor Network which often results in Crown Solicitors
providing updated lists of prosecutors with their offices. Accordingly,
the figures contained in the above tables are not necessarily an accurate
nor complete record.
Information regarding Crown prosecutor fees
Crown Solicitors Terms of Office: 2015 and 2020
6.
We
enclose copies of the Crown Solicitors Terms of Office as they existed at:
6.1
1 January 2015 (
Tab 1).
6.2
1 January 2020 (
Tab 2).
Crown Solicitors’ fees and disbursement rates: 1995-2010
7.
Prior to introduction of the “bulk funding” model in July 2013, and during the
period you identify in your request,3 the Crown Solicitors Regulations 1994
(
Regulations) governed the way Crown Solicitors charged for various categories
of work undertaken on behalf of the Crown. The Regulations also applied in
respect of work done for Government departments, which was billed to – and
paid by – the department in question.
8.
The Regulations are a public document and are available online at:
https://www.legislation.govt.nz/regulation/public/1994/0142/15.0/DLM192647.
html
9.
As per your request, we
enclose copies of the Certified Scales effective as at:
9.1
1 January 1995 (
Tab 3).4
3 1 January 1995 to 1 January 2010.
4 Certified Scale of Fees, effective 1 August 1994. As the Regulations did not come into force until 11 July 1994, the Certified Scale for
that financial year was not issued until 1 August 1994.
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6
9.2
1 January 2000 (
Tab 4).5
9.3
1 January 2005 (
Tab 5).6
9.4
1 January 2010 (
Tab 6).7
10.
As the Regulations only covered “legal business of the Crown conducted by
Crown Solicitors”,8 it was a matter for the offices of individual Crown Solicitors to
determine their charging rates in respect of all other work (for example, work
done for independent Crown entities and local Government bodies).
We may publish this response
11.
Please note that we may publish this response (with your personal details
redacted), and any related documents, on Crown Law’s website if we decide
proactive release of this information is or may be in the public interest. If you
have any concerns about this, please let us know within 10 working days of the
date of this letter.
Your right of review
12.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
13.
If you wish to discuss this decision with us, please feel free to contact me.
Nāku, nā
Crown Law
Philip Coffey
Manager, Public Prosecution Unit
[Encl]
Tab 1: Terms of Office as at 1 January 2015
Tab 2: Terms of Office as at 1 January 2020
Tab 3: Certified Scale of Crown Fees as at 1 January 1995
Tab 4: Certified Scale of Crown Fees as at 1 January 2000
Tab 5: Certified Scale of Crown Fees as at 1 January 2005
Tab 6: Certified Scale of Crown Fees as at 1 January 2010
5 Certified Scale of Fees, effective 1 July 1999.
6 Certified Scale of Fess, effective 1 July 2004.
7 Certified Scale of Fees, effective 1 July 2009.
8 Crown Solicitors Regulations 1994, reg 3(1).
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