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Witnesses Fees – updated commentary in McGechan on Procedure

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Following the introduction of the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 it was arguable that the regulations applied to witnesses and interpreters in all civil proceedings in senior courts.

The Rules Committee has clarified that the regulations are not intended to be applied to experts or interpreters retained by the parties (or the costs that may be awarded to such parties). Commentary to the new Regulations has been added to McGechan, see:

  • [WIF4.01] Regulations do not apply to party-appointed persons
  • [WIF4.02] Exception under r 22.37
  • [WIF4.03] Remaining application of Regulations
  • [WIF4.04] Exception for subpoenaed witness

See also [WIF8.01], [WIF9.01] and [HR9.52.12] Allowances and travelling expenses — not fees.

By Jason Bull
Senior Legal Editor – Analytical Law

Jason Bull is a Senior Legal Editor in the New Zealand Analytical Law team with over 20 years’ experience at Thomson Reuters. He has worked in the legislation, and books teams and more latterly with annotated commentary products.

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