Code of Conduct for Expert Witnesses Evidence Act 2006 Westlaw Lexis Nexis
Recent Expert Opinion Authority
DH (SC 9/2014) v R [2015] NZSC 35
s 4
expert means a person who has specialised knowledge or skill based on training, study, or experience
expert evidence means the evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion
s 23 Opinion rule
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 or 25.
s 24 General admissibility of opinions
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived.
s 25 Admissibility of expert opinion evidence
(1) An opinion by an expert that is part of expert evidence offered in a proceeding is admissible if the fact-finder is likely to obtain substantial help from the opinion in understanding other evidence in the proceeding or in ascertaining any fact that is of consequence to the determination of the proceeding.
(2) An opinion by an expert is not inadmissible simply because it is about—
(a) an ultimate issue to be determined in a proceeding; or
(b) a matter of common knowledge.
(3) If an opinion by an expert is based on a fact that is outside the general body of knowledge that makes up the expertise of the expert, the opinion may be relied on by the fact-finder only if that fact is or will be proved or judicially noticed in the proceeding.
(4) If expert evidence about the sanity of a person is based in whole or in part on a statement that the person made to the expert about the person’s state of mind, then—
(a) the statement of the person is admissible to establish the facts on which the expert’s opinion is based; and
(b) neither the hearsay rule nor the previous consistent statements rule applies to evidence of the statement made by the person.
(5) Subsection (3) is subject to subsection (4).
Note also your obligations under the Legal Aid Practice Standards:
Experts
6. A lawyer must:
6.1 Consider whether expert evidence would be substantially helpful.
6.2 If expert evidence would be substantially helpful apply for legal aid funding
in a timely manner and in advance of engaging an expert. When seeking
that funding it is important to set out the reason why expert evidence is
appropriate and a realistic estimate of the cost that would be involved.
6.3 Where the cost of an expert increases seek approval for the increase before
the corresponding work is undertaken.
6.4 Ensure the expert is aware that they are subject to the estimate and that
they need to advise the engaging lawyer if the estimate is going to be
exceeded.
6.5 Help ensure that when an expert is preparing and giving evidence, the
expert is aware of the need to conduct herself or himself in accordance with
the applicable rules relating to the conduct of experts