Uniform Civil Procedure (Fees) Regulation 2019
sec.25Attendance allowance for professional witness or expert
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sec.25 Attendance allowance for professional witness or expert
The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80. If the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is— for an absence of 3 hours or less—$110.30; or for an absence of more than 3 hours but not more than 4 hours—$158.50; or for an absence of more than 4 hours but not more than 5 hours—$192.60; or for an absence of more than 5 hours but not more than 6 hours—$226.60; or for an absence of more than 6 hours—$259.60. Despite subsections (1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45. Travelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection (5) (a) . In this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be— necessarily absent from their place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake their usual work as mentioned in section 21 (4) (a) (ii) . s 25 amd 2020 SL No. 143 s 120 ; 2021 SL No. 84 s 119 ; 2022 SL No. 79 s 172 ; 2023 SL No. 60 s 15 ; 2024 SL No. 4 s 19 ; 2024 SL No. 62 s 17 ; 2025 SL No. 44 s 15 (sec.25-ssec.1) The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80. (sec.25-ssec.2) If the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is— for an absence of 3 hours or less—$110.30; or for an absence of more than 3 hours but not more than 4 hours—$158.50; or for an absence of more than 4 hours but not more than 5 hours—$192.60; or for an absence of more than 5 hours but not more than 6 hours—$226.60; or for an absence of more than 6 hours—$259.60. (sec.25-ssec.3) Despite subsections (1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45. (sec.25-ssec.4) Travelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection (5) (a) . (sec.25-ssec.5) In this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be— necessarily absent from their place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake their usual work as mentioned in section 21 (4) (a) (ii) .