Plain language law

New Zealand law explained for everyone

Senior Courts Act 2016

High Court - Miscellaneous matters

44: High Court may require person to undergo medical examination

You could also call this:

"The High Court can make you have a medical check if it affects a court case."

Illustration for Senior Courts Act 2016

The High Court can order you to have a medical check by a doctor if the court thinks your health is important to a case. You can have your own doctor with you when you have the check. The court can also order the other party to pay you for things like travel and having your own doctor there.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759354.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpHealth and wellbeing > Healthcare services
Previous

43: Refusal to give evidence, or

"What happens if you refuse to give evidence in court"

Next

44A: Execution of instruments by order of High Court, or

"High Court can sign documents on someone's behalf if they won't follow a court order"

Part 2High Court
Miscellaneous matters

44High Court may require person to undergo medical examination

  1. The High Court may order a party to a civil proceeding to undergo a medical examination by a registered medical practitioner at a time and place specified in the order if the court is satisfied, in the interests of justice, that the physical or mental condition of the person is relevant to a matter in the proceeding.

  2. The person to be examined may have a registered medical practitioner of the person's own choice present at the examination.

  3. The court may order a party seeking the order to pay to the person to be examined a reasonable sum to meet—

  4. the person's travelling and other expenses in connection with the examination; and
    1. the expenses of having a registered medical practitioner chosen by the person attend the examination.

      1. The person to be examined must do the things reasonably requested and answer the reasonable questions asked by the medical practitioner who conducts the examination.

      2. If the person to be examined fails, without reasonable excuse, to comply with the order or wilfully obstructs the medical examination, the High Court may—

      3. stay the proceeding; or
        1. strike out a notice, statement, or other document filed, or a step taken, in the proceeding by the person to be examined.

          Compare