Copyright Act 1994

Copyright Tribunal - Jurisdiction and procedure

218: Witnesses' allowances

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"Getting paid for being a witness in court"

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When you go to the Tribunal as a witness, you get paid. You get witnesses' fees, allowances, and travelling expenses. The amount you get is based on the scales set by regulations made under the Criminal Procedure Act 2011. You get paid before you go to the Tribunal. The Tribunal decides how much you will get. The amount is an estimate of what you will be owed if you go to the Tribunal at the time and place you are told to. If someone asked for you to be summoned as a witness, they pay your fees and expenses. If the Tribunal summoned you, they might make the other party pay your fees and expenses, or they might pay them from a special fund.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346889.

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Part 10Copyright Tribunal
Jurisdiction and procedure

218Witnesses' allowances

  1. Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations shall apply accordingly.

  2. On each occasion on which the Tribunal issues a summons under section 216, the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, shall fix an amount that, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, shall be paid or tendered to the witness.

  3. The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.

  4. Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party.

  5. Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—

  6. form part of the costs of the proceedings; or
    1. be paid from money appropriated by Parliament for the purpose.
      Compare
      Notes
      • Section 218(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).