An expert witness is a person who has specialised knowledge or skill in a particular field which qualifies them to testify during legal proceedings as an expert about the facts of a matter.
The Secretary for Justice has determined the classes of expert witnesses, and the fees, allowances, expenses, payable to them. This information is set out below.
1. This policy documents the rates and fees for expert witnesses in Aotearoa/New Zealand pursuant to the Witnesses and Interpreter Fees, Allowances, and Expenses Regulations 2023 (“the Regulations”). The policy applies to expert witnesses in:
2. The Regulations came into force on 1 May 2023. They state that hourly fees in any class may not be less than $50 (ex GST) or more than $440 (ex GST).
3. Regulation 6 of the Regulations requires the Secretary for Justice (“the Secretary”) to determine the classes of expert witnesses and the hourly fee payable to expert witnesses in each class.
4. The following table sets out the range of hourly rates for classes of expert witnesses approved by the Secretary which apply to all expert witnesses engaged from 1 May 2023.
5. An expert witness can claim an hourly rate within the range that is reasonable, commensurate with their skills and experience, and the commercial rate charged for such services (up to the upper limit of the range).
Table 1: Hourly rates payable to expert witnesses
| Class of expert witness | Hourly rate ($) ex GST |
|
A: Related Trades |
50 - 240 |
| B: General Medical Practitioners | 50 - 300 |
|
C: Professionals and Consultants |
50 - 440 |
6. The above rates apply for preparation time, meetings and phone calls with lawyers/counsel, and time in court.
7. The Secretary may approve payment above the prescribed rate specified in the table in exceptional circumstances where reasoning with evidence is provided.
8. Regulation 8(1)(a) of the Regulations requires the Secretary to determine allowances payable to expert witnesses.
9. The following tables set out the allowances and expenses that will apply in relation to expert witnesses. No other allowances or expenses will be paid.
Table 2: Allowances for expert witnesses
| Allowance type | Policy |
| Travel rate | 65% of the expert witness’s approved hourly rate. |
| Private vehicle use/mileage | If travel is by the expert witness’s own vehicle, an allowance at the Inland Revenue mileage rate(external link) for distances over 35km round trip. |
| Court attendance (including waiting time at court) | 100% of the expert witness’s approved hourly rate to a maximum of four hours per half-day. |
| Overnight stays (see further for accommodation). | $100 (ex GST) allowance may be claimed per night if the expert witness is necessarily absent overnight from their usual place of residence. |
| Meals |
Reimbursement of up to $100 (ex GST) per day may be claimed if travelling outside the expert witness’s residential region. The following breakdown provides a guideline to the meal allowance to a combined maximum of $100:
Expenses that will not be reimbursed include:
|
Table 3: Travel expenses for expert witnesses
| Travel expense type | Policy |
| Public transport costs (for example bus or passenger train). Excludes flights (see below). | The actual cost of travelling by any mode of public transport that is reasonable having regard to the distance travelled, the age and health of the expert witness, and any other relevant circumstances. A receipt is needed for charges over $50 (ex GST). |
| Private transport costs (for example taxi or ride-share services). | If travel by public transport is not possible, or not reasonable in the circumstances, the actual cost of travelling by taxi or ride-share or other small passenger service vehicle (as defined in section 2(1) of the Land Transport Act 1998). A receipt is needed for charges over $50 (ex GST). |
|
Other travel expenses (for example parking) Excludes flights and accommodation (see below). |
Actual and reasonable expenses can be reimbursed. A receipt is needed for charges over $50 (ex GST). |
| Flights and accommodation | Actual and reasonable expenses can be reimbursed. A receipt is needed for charges over $50 (ex GST). |
10. Regulation 12 of the Regulations provides that all fees, allowances, and travel expenses set by or under the Regulations are exclusive of goods and services tax.