Number
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Question
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Ministry's response
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1
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How many people will be on the AOD panel?
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All applicants who meet the criteria and submit an application will be offered a place on the panel. There is no limit on numbers at this time.
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2
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Who will assess and choose the panel?
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Applications will be assessed by approved Ministry employees.
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3
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Will preference be given to report writers who live close to the regional courts that they live close to?
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If an applicant meets the criteria they will be offered a place on the panel. For individual engagements, location may be a factor they prioritise.
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4
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Under Background Information, the Guidelines state: "The report should not include information on personal, family, whānau, community and cultural background relying on section 27 Sentencing Act 2002". What does that mean? AOD reports have always included information on personal, family, whanau, community and cultural background. Does it mean we should never include background information?
That's a problem because under the next heading 'Description of the participant’s alcohol and other drug use and the nature of the use', the guideline says the report "should also include any factors that may:
- have contributed to the development of the issue (predisposing)
- have triggered its onset (precipitating)
- are maintaining it (perpetuating), or
- are supporting resilience or recovery (protective)
The factors that contribute to the development of the issue (substance use), and are maintaining it almost always stem from the personal, family, community and cultural background. A significant percentage of clients in the justice sector are born into a family
- where the parents are alcoholics or drug addicts,
- where the parents had mental health problems,
- where there was serious domestic violence,
- where the child (now the offender) was sexually abused,
- where the child (now the offender) was abandoned by one or both of his parents
- ended up in foster care, where he or she was sexually abused again
- has been in and out of prison
- has been the victim of life threatening situations and chronic trauma
- and as a result has grown up with mental health issues and
- should have been diagnosed with post-traumatic stress disorder.
These are typical background factors which contribute to the development of alcohol and drug problems, and lead to addictions. Such clients use alcohol and drugs to self medicate their chronic distress and - in the absence of treatment for the underlying mental health issues - this perpetuates the problem. Do you want this kind of information or not?
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The AOD report template and guidelines were developed to ensure consistent report quality and to provide judges with key information needed to support sentencing decisions. The template focuses specifically on AOD-related information about the participant.
A section for background information is included in the template. This section should include brief, relevant information about the participant, such as their living arrangements, employment status and any other information the approved report writer considers relevant.
The Sentencing Act 2002 has not been changed; judges will continue to receive the background information they require.
Information about a participant’s personal, family, whānau, community, or cultural information remains available through other avenues, including section 27 Sentencing Act 2002, for example, oral submissions or privately funded reports.
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5
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Who has this new information been sent out to?
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The Ministry has informed key stakeholders about this change including:
- AOD professionals who currently write court-ordered reports
- judiciary
- Public Defence Service (PDS)
- Addiction Practitioners Association Aotearoa New Zealand (DAPAANZ)
- Nursing Council of New Zealand
- New Zealand Psychologists Board
- Royal Australian and New Zealand College of Psychiatrists (RANZCP)
- Social Workers Registration Board New Zealand
- New Zealand Law Society
- Criminal Bar Association New Zealand
- Law Association
- New Zealand Bar Association
- Te Hunga Rōia Māori O Aotearoa The Māori Law Society
- Defence Lawyers Association New Zealand
- Pacific Lawyers Association
- South Auckland Bar Association.
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6
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Are the decision makers who came up with this new assessment format open to feedback, or is it a fait accompli?
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Feedback is welcome as we will periodically review the service.
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7
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Could you confirm whether the process is the same when applying with multiple clinicians within one company?
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Yes, it is the same process for individuals, subcontractors and companies. A separate application will need to be submitted for each individual in the company.
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Who wrote the guidelines with regards to the fees schedule?
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The service was established by the Ministry of Justice, with engagement from key stakeholders including associations, the judiciary and lawyers.
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9
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The payment for a report is similar to what I currently receive but the non-attendance arrangement/fee is not. As I read it, The Ministry of Justice want us to dedicated resources and time though do not wish to pay a reasonable amount for this time should an offender decide not to keep an appointment. To me this suggests that the Ministry of Justice does not understand that many AOD writers will be in private practice and that this arrangement puts all the ownness on us and not the offender. Are you able to review that clause and change it to what we have in place in the Nelson region? It does not seem reasonable that AOD report writers need to commit time to activities that they will not get compensated for.
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The non-attendance fee will not be reviewed at this time. This approach has been taken to ensure national consistency.
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10
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If I do not register as an AOD report writer, will this affect referrals for this work from the Public Defence Service (PDS)?
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PDS lawyers have the option choose to use the service or to continue to use report writers who are not in the service.
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11
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In June, how will the transition to the new system work?
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Guidance will be provided closer to the time on how the transition from the existing process to the new process will work. This will include advice on what to do if you are part‑way through writing a report during the transition period, or if a report was commissioned the day before the change. In the meantime, please continue following your current processes.
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12
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Will the Ministry of Justice stop approving funding requests for all AOD reports filed under the current system after a certain date?
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From June (date to be confirmed), all court‑ordered AOD reports will be required to be completed by an Approved AOD report writer. Legal aid and PDS lawyers will have the option to use the service, though this will not be mandatory.
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13
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Will there still be any scope for us to remain operational independent of this new system while you roll it out to full capacity?
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Yes.
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14
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I'm checking if there is a list for the AOD writer on the panel that we could have.
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The panel of approved AOD report writers is not available yet. Procurement has just begun. The panel will be available in June 2026.
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15
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Can I just do assessments between Otaki and Johnsonville?
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Yes. You can indicate your preferred location(s) in the application form. If you are appointed to the panel, you can choose to accept or decline an individual engagement based on the location.
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16
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Is it possible to have two assessments per week?
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The Ministry is unable to guarantee the volume of work you will receive as an approved report writer on the panel. Clause 8 of the Standard Terms and Conditions provides further detail on this. There is also no obligation to accept engagements, you may decline any engagement, for example if you are unavailable or too busy.
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17
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I have been preparing comprehensive AOD reports for approximately two years. As you will be aware, these reports require significant clinical assessment, collateral gathering, risk formulation, cultural consideration, and detailed written analysis. The workload involved is substantial and extends well beyond a brief summary document.
In my experience, comprehensive AOD reports have been remunerated at a significantly higher rate, reflecting the time, expertise, and professional accountability required.
Is the $900 fee intended to apply to full comprehensive AOD assessments, or to a more limited report format?
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The $900 fixed rate relates to preparation of a report provided in the approved report template.
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18
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Does this framework replace the use of private report writers engaged directly by lawyers?
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No. Lawyers may choose to engage an approved report writer on the panel or a report writer who is not on the panel.
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19
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If so, what consultation occurred with experienced report writers prior to determining this fee?
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The Ministry consulted with sector representatives on the rate.
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20
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Do we need to inform or obtain approval from our current employer before applying?
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The Ministry cannot provide employment-related advice on this matter.
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21
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I’m considering applying and was wondering if you’re able to give any indication of the expected volume of assessments for report writers. I realise this will likely fluctuate, so even a general idea would be really helpful.
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The Ministry is unable to guarantee the volume of work you will receive as an approved report writer on the panel. Clause 8 of the Standard Terms and Conditions provides further detail on this. There is also no obligation to accept engagements, you may decline any engagement, for example if you are unavailable or too busy.
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22
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Can I send in an application prior to getting my certificate or do I apply with all relevant documentation?
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We recommend that you wait until you have received your new certificate to submit your application, ensuring all relevant documents can be assessed together. Please ensure you submit your application before the closing date of 7 April 2026.
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23
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Can I fill in the application form now and send in to start the process of applying as an AOD court writer. Or do I wait and send all the relevant documents together with the application.
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We recommend that you wait until you have received your new certificate to submit your application, ensuring all relevant documents can be assessed together. Please ensure you submit your application before the closing date of 7 April 2026.
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