The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

Monthly Archives: August 2011

NZBA Annual Conference – promoting the use of technology

August 31st, 2011

I will be presenting at the New Zealand Bar Association Annual Conference this coming Friday, where the topic this year is “The Modern Barrister”. The conference has an impressive list of speakers, with many focussing on how technology can be used more effectively to assist the role of the barrister – a topic that is very […]

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Rules Committee approves new NZ discovery rules

August 30th, 2011

The New Zealand Rules Committee has approved the final draft of the new discovery rules. The Courts of New Zealand website now outlines the current status with the rules – At the meeting 22 August 2011, the Committee approved a draft set of rules on discovery, revised after a substantial period of consultation with the profession.  […]

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NZ E-Discovery reform – a global context: #4 – The effective use of technology

August 24th, 2011

There is a significant difference between merely using technology and using technology efficiently and effectively. Continuing my series of looking into the NZ discovery reforms, I will look at how the effective use of technology has been fundamental in comparative global discovery reforms. In addition to the new obligations of cooperation and proportionality in the […]

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NZ E-Discovery reform – a global context: #3 – New reasonable search obligations

August 16th, 2011

There is a new defined requirement in the proposed New Zealand discovery reforms for parties to make a reasonable search. The obligation to undertake a reasonable search brings NZ into line with the developments in other jurisdictions. As I continue my series of looking at the NZ ediscovery reforms from a global perspective, I will […]

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NZ E-Discovery reform – a global context: #2 – A Proportionate approach to discovery

August 11th, 2011

Facilitating a proportionate approach to discovery is fundamental to the proposed New Zealand discovery reforms.  In recognition of not every dispute being the same, the new rules allow for discovery orders to be tailored to suit the specific requirements of each matter. As I have mentioned in earlier posts, the volumes and sources of electronic […]

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NZ E-Discovery reform – a global context: #1 – Early cooperation at the heart of discovery reforms

August 9th, 2011

Continuing my series of looking further into the NZ e-discovery reforms, today I look further at the requirement for parties to cooperate, and compare to reforms in other jurisdictions. All jurisdictions are faced with similar issues of increasing burden and cost associated with discovery, but all still have the same obligations to identify, preserve, review […]

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NZ E-Discovery reform – a global context

August 2nd, 2011

As New Zealand is finalising its discovery reforms, I thought it an opportune time to look at the reforms from a global perspective, comparing the reforms to what has happened in other jurisdictions. Other jurisdictions have faced similar concerns as we are experiencing in New Zealand with the existing discovery rules becoming out-dated over recent […]

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