(1) The court may make an order for the inspection, detention, possession, valuation, insurance or preservation of property if:

(a)

the order relates to the property of a party, or a question may arise about the property in a case; and

(b)

the order is necessary to allow the proper determination of a case.

(2) The court may order a party:

(a)

to sell or otherwise dispose of property that will deteriorate, decay or spoil; and

(b)

to deal with the proceeds of the sale or disposal in a certain way.

(3) A party may ask the court to make an order in relation to property authorising a person to:

(a)

enter, or to do another thing to gain entry or access to, the property;

(b)

make observations, and take photographs, of the property;

(c)

observe or read images or information contained in the property including, for example, playing a tape, film or disk, or accessing computer files; or

(d)

copy the property or information contained in the property.

(4)

If the court makes an order under this rule, it may also order a party to pay the costs of a person who is not a party to the case and who must comply with the order.

(5)

The court may make an order under subrule (1) binding on, or otherwise affecting, a person who is not a party to a case.

Note
For the procedure for making an application in a case, see Chapter 5.