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Civil Law (Wrongs) Act 2002
68Respondent to give documents etc to claimant
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68 Respondent to give documents etc to claimant
(1) A respondent must give a claimant—
(a) copies of the following in the respondent’s possession that are
directly relevant to a matter in issue in the claim:
(i) reports and other documents about the accident claimed to
have given rise to the personal injury to which the claim
relates;
(ii) reports or surveillance film about the claimant’s medical
(iii) reports or surveillance film about the claimant’s cognitive,
functional or vocational capacity; and
(b) if asked by the claimant—
(i) information that is in the respondent’s possession about the
circumstances of, or the reasons for, the accident; or
(ii) if the respondent is an insurer of a person for the claim—
information that can be found out from the insured person
for the claim about the circumstances of, or the reasons for,
the accident.
(2) The respondent must give the copies mentioned in subsection (1)
(a)—
prescribed, within 1 month after the day the respondent receives
a complying notice of claim); and
subsection (1) (a) comes into the respondent’s possession later,
within 7 days after the day it comes into the respondent’s
(3) The respondent must respond to a request under subsection (1) (b)
within the period prescribed by regulation (or, if no period is
prescribed, within 1 month after the day the request is received).
(4) If a claimant requires information given by a respondent under this
section to be verified, the respondent must give the claimant a
(5) If a respondent fails, without proper reason, to comply fully with this
section, the respondent is liable for costs to the claimant resulting
from the failure.