Section 106 — District Court Act 2016: Discovery against non-party after proceeding commenced

106 Discovery against non-party after proceeding commenced (1) This section applies if it appears to the court, at any stage of a proceeding and in such circumstances as may be prescribed, that a document or class of documents may be or may have been in the possession, custody, or power of a person ( C ) who is not a party to the proceeding. (2) The court may order C— (a) to disclose to the court and to any other prescribed person whether the document or documents are in C’s possession, custody, or power; and (b) if a document has been but is no longer in C’s possession, custody, or power, to disclose to the court and to any other prescribed person when C parted with it and what has become of it; and (c) to produce such of those documents as are in C’s possession, custody, or power to the court or to any other prescribed person. Compare: 1947 No 16 s 56B