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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 ask you to see a doctor for a medical check."

Illustration for Senior Courts Act 2016

You can be ordered by the High Court to have a medical check by a doctor. This happens if the court thinks your physical or mental health is important to a court case. The court decides when and where the check happens. You can have your own doctor with you when you have the medical check. The court may order the other party to pay for your travel and other costs. They may also pay for your doctor to be there. You must do what the doctor asks and answer their questions. If you do not do what the court orders, the court can stop the case or remove some documents. The court can look at a previous law for comparison.

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

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Crime and justice > Courts and legal helpHealth and wellbeing > Healthcare services
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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.

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