New Zealand Legislation: Regulations
Regulations are laws made under Acts
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These regulations are administered in the Department of Justice.
PURSUANT to the Summary Proceedings Act 1957, the Crimes Act 1961, the Judicature Act 1908, and to the Public Revenues Act 1953 (so far as these regulations relate to witnesses and interpreters paid by the Crown under regulation 4 hereof), His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
(1) These regulations may be cited as the Witnesses and Interpreters Fees Regulations 1974.
(2) These regulations shall come into force on the 1st day of June 1974.
In these regulations, unless the context otherwise requires,—
Court, where the fees, allowances, and expenses of a witness or interpreter are fixed by the Registrar, includes the Registrar
Courthouse includes any place where the attendance of a witness or interpreter is required for the purpose of any judicial proceedings
Paying officer means the Registrar of the High Court in respect of witnesses or interpreters paid by him, and in any other case means the officer who authorises payment.
Paying officer: this definition was amended, as from 1 April 2004, by regulation 3 Witnesses and Interpreters Fees Amendment Regulations 2004 (SR 2004/36) by substituting the word “High”
for the word “Supreme”
.
These regulations shall apply to witnesses and interpreters—
(a) In any proceedings in a District Court in its criminal jurisdiction; or
(b) Paid by the Crown pursuant to regulation 4 of these regulations; or
(c) In any proceedings under any enactment by or under which these regulations are applied.
(1) Fees, allowances, and expenses may be paid to witnesses and interpreters for the Crown in any judicial proceedings, whether civil or criminal, in accordance with the scales prescribed by these regulations.
(2) Any witness or interpreter for the prosecution at the trial of a criminal case in the High Court, when the trial is conducted by or on behalf of a private prosecutor, may, if so allowed by the Court, be paid fees, allowances, and expenses in accordance with the scales prescribed by these regulations, except where notice has been given on behalf of the Crown to the private prosecutor that the prosecution is not to be conducted by the Crown Solicitor.
(3) The chief executive of the Department for Courts, or, as the case may require, the Commissioner of Police, may authorise the amounts payable under this regulation to be increased in any case where he considers that by reason of exceptional circumstances it is desirable to do so.
Regulation 4 was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “chief executive of the Department for Courts”
for the words “Secretary of Justice”
.
Subclause (2) was amended, as from 1 April 2004, by regulation 4 Witnesses and Interpreters Fees Amendment Regulations 2004 (SR 2004/36) by substituting the word “High”
for the word “Supreme”
.
(1) Subject to subclause (2) of this regulation, the fees, allowances, and travelling expenses payable to any witness shall be in accordance with the appropriate scales specified in the Schedule to these regulations.
(2) Classes of expert witnesses shall be defined from time to time by the chief executive of the Department for Courts who shall, with the concurrence of the Secretary to the Treasury, determine from time to time, within the range set out in clause 1(1) of the Schedule to these regulations, the rate at which persons who belong to each such class and who give evidence strictly as experts, are to be paid.
Regulation 5 was amended, as from 1 July 1995, by section 12(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “chief executive of the Department for Courts”
for the words “Secretary of Justice”
.
The fees, allowances, and travelling expenses payable to any interpreter shall be in accordance with the appropriate scales specified in the Schedule to these regulations.
Where it is necessary for a witness under the age of 16 years to be accompanied by a parent or guardian, or for a witness, by reason of illness or infirmity, to be accompanied by an attendant, the parent, guardian, or attendant may be paid the fees, allowances, and expenses prescribed by these regulations as if he were himself a witness.
(1) The amounts payable to any person under these regulations shall be subject to such directions as the Court may think fit as to the disallowance of the whole or any part thereof.
(2) Where the amounts payable under these regulations are fixed by the Court, the Court may authorise those amounts to be increased in any case where it considers that by reason of exceptional circumstances it is desirable to do so.
The Witnesses and Interpreters Fees Regulations 19691 are hereby revoked.
Schedule |
The Schedule was substituted, as from 1 August 1988, by regulation 2(1) Witnesses and Interpreters Fees Regulations 1974, Amendment No 5 (SR 1988/147). See also regulation 3 of those Regulations as to the fees being exclusive of goods and services tax.
(1) To a witness attending to give evidence strictly as an expert, for every day when required to be absent from his or her usual place of business or residence,—
(a) For a period that does not exceed 1 hour, a fee of not less than $16.50 but not more than $68.00:
(b) For a period that exceeds 1 hour but does not exceed 5 hours, the fee prescribed by paragraph (a) of this subclause plus a fee of not less than $9.50 but not more than $48 for each additional hour:
(c) For a period that exceeds 5 hours, a fee of not less than $68.00 but not more than $305.00.
(2) In addition to the fees prescribed by subclause (1) of this clause, there may be paid to an expert witness a qualifying fee for any analysis, preparation of maps, plans, or reports, or other work necessarily undertaken in preparation of evidence, being such sum as the Court or paying officer considers fair and reasonable, but not exceeding $33.00 for the first hour engaged or $24.50 for every subsequent hour engaged.
For an interpreter attending to provide an oral translation into English from any other language or from English into any other language, the fee payable for each day on which the interpreter is required to be absent from his or her usual place of residence or business shall be computed at the rate of $25.00 for each hour or part of an hour:
Provided that the fee in respect of any day shall be not less than $75.00 nor more than $175.00.
Clause 2 was amended, as from 1 July 1996, by regulation 2 Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140) by substituting the expressions “25.00”
, “75.00”
, and “175.00”
, for the expressions “14.00”
, “41.00”
and “95.50”
respectively. See also regulation 4 of those Regulations as to the fees being exclusive of goods and services tax.
To any other witness, not being a school child or a child under school age,—
| $ | |
|---|---|
| (a) For every day when required to be absent from the witness's usual place of residence or business for a period not exceeding 3 hours................................................................... | 25.00 |
| Provided that the fee prescribed by paragraph (b) of this clause may be allowed in any case where the Court or paying officer is satisfied that the witness, because of attendance at the courthouse, will be absent from his or her work for a full day: | |
| (b) For every day on which attendance is required for a period exceeding 3 hours................................................................... | 50.00 |
Clause 3 was amended, as from 1 July 1996, by regulation 2 Witnesses and Interpreters Fees Regulations 1974, Amendment No 6 (SR 1996/140) by substituting the expressions “25.00”
and “50.00”
for the expressions “17.00”
and “34.00”
. See also regulation 4 of those Regulations as to the fees being exclusive of goods and services tax.
Notwithstanding the provisions of clause 1(1), clause 2, and clause 3 of this Schedule, if the Court or paying officer is satisfied that the witness or interpreter will suffer a loss of earnings as a result of travelling between his or her usual place of residence or business and the courthouse for the purpose of giving evidence, the Court or paying officer may allow the appropriate fee under those provisions as if that witness or interpreter was in attendance at the courthouse during the time when the witness or interpreter was so travelling.
For a written translation of any document into English from any other language or from English into any other language, the fee payable to the interpreter shall be such fee as the Court or paying officer thinks just and reasonable.
To any witness or interpreter who is necessarily absent overnight from his or her usual place of residence—
| $ | ||
|---|---|---|
| (a) | Where the total period of absence does not exceed 24 hours................................................................... | 55.50 |
| (b) | Where the total period of absence exceeds 24 hours, for each 6 hours or part thereof................................................................... | 13.00 |
Where a witness or interpreter is not necessarily absent overnight, the following meal allowances may be paid:
| $ | ||
|---|---|---|
| (a) | To a witness who is not entitled to fees under any of the provisions of clauses 1 to 4 of this Schedule: | |
| For every day when the witness is able to return to his or her usual place of residence before 7pm................................................................... | 4.50 | |
| For every day when the witness is not able to return to his or her usual place of residence before 7pm................................................................... | 7.00 | |
| (b) | To a witness or an interpreter who is entitled to fees under any of the provisions of clauses 1 to 4 of this Schedule, for every day when the witness or interpreter is not able to return to his or her usual place of residence before 7 pm................................................................... | 7.00 |
Travelling expenses shall be as follows:
(a) The cost of travelling by such mode and class of public transport as the Court or paying officer considers reasonable having regard to the distance travelled, the age and health of the witness or interpreter, and any other relevant circumstances:
Provided that air fares shall not be allowed unless the Court or paying officer is satisfied that any extra expense occasioned by the use of air transport is justified in all the circumstances:
(b) Where no public conveyance is available, and the distance travelled exceeds 3 kilometres one way, an allowance at the rate of 38c a kilometre:
Provided that, in special circumstances, the Court or paying officer may allow the cost of travelling by taxi:
(c) In any case where a public conveyance is available, an allowance at the rate of 38c a kilometre may be paid to any witness or interpreter using his or her own motor vehicle, or a vehicle hired for his or her personal use, if the total amount of fees, allowances, and expenses payable to that witness or interpreter and any other witnesses or interpreters travelling with that witness or interpreter is not more than the total amount that would have been payable if that witness or interpreter or those witnesses or interpreters had travelled by public conveyance:
(d) A medical practitioner using his or her own motor vehicle or a motor vehicle hired for his or her personal use, whether a public conveyance is available or not, may be paid an allowance at the rate of 38c a kilometre.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations are in substitution for the Witnesses and Interpreters Fees Regulations 1969. They prescribe new scales of fees, allowances, and travelling expenses for witnesses and interpreters in criminal cases in Magistrates' Courts, and for witnesses and interpreters for the Crown in any judicial proceedings. Under regulation 3(c), these scales may also be applied to other proceedings by rules or regulations made under other enactments.
Changes are made with regard to the fees payable to expert witnesses. A broad range of fees is prescribed but the Secretary for Justice is to define classes of expert witnesses and, with the concurrence of the Secretary to the Treasury, determine the rate, within that range, at which persons who belong to each such class of expert witnesses are to be paid.
The travelling allowance, which was formerly payable at the rate of 9 1/2c a mile, is increased to 8.5c a kilometre. This new rate equals approximately 13.75c a mile.
Date of notification in Gazette: 30 May 1974.
1 SR1969/5
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