How to train your expert: A proposal for truly independent expert appointment in construction disputes

Second Place Winner, SCL(NZ) Construction Law Essay Prize Competition

Over time, expert witnesses have become a crucial part of construction disputes. 
Our decision-makers depend on them to answer complex, technical questions. But with this reliance comes a further question: how can our system ensure objectivity and impartiality in expert witnesses? 

This essay examines the increasing tendency of expert witnesses to act as advocates in disputes, explores safeguards installed by neighbouring jurisdictions and proposes a solution fit for New Zealand.

Author
Amanda Joshua
Publication year
2026