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What approximate percentage, if any, of lead counsel criminal appellate litigation is outsourced from the Crown Law Office to external counsel in the private sector?

Answered Question 40646 (2026)
Question published
Reply lodged

Asked by

Vanushi Walters

List MP · Labour Party

Question

  • What approximate percentage, if any, of lead counsel criminal appellate litigation is outsourced from the Crown Law Office to external counsel in the private sector?

Answered by

Hon Chris Bishop

Member for Hutt South · National Party · Attorney-General

Answer

In the 2025/26 financial year, external lead counsel appeared in approximately 41% of criminal appeals and leave applications arising from Crown prosecutions that were heard by the senior courts. Approximately 91% of High Court matters were led by external counsel and 9% by Crown Law. In the Court of Appeal and Supreme Court, approximately 19% of matters were led by external counsel and 81% by Crown Law. In almost all cases, the external counsel who appeared for the Crown was from the office of the Crown Solicitor responsible for the underlying prosecution.