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

Blog Archives

Read the Rules !

November 22nd, 2017

Leading eDiscovery commentator Chris Dale provided an excellent post this week about A proposed new disclosure rule for England and Wales. Chris makes an excellent observation that before there are rule changes, those involved in disclosure (or discovery for the rest of the world), should read the rules. I couldn’t agree more with Chris, as […]

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Positive signs in the New Zealand eDiscovery journey

August 19th, 2015

Over the past couple of years I have started to notice some encouraging signs in New Zealand with the approaches to eDiscovery and embracing technology generally. At the same time, New Zealand still has a long way to go to catch up with the rest of the world in how law firms embrace technology, but […]

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Preview of the Chilli IQ 8th Information Governance & eDiscovery Summit

May 20th, 2014

Chilli IQ’s 8th Annual Information Governance & eDiscovery Summit is only a few weeks away, taking place in Sydney on the 17th and 18th of June at the Swissotel Hotel. The Chilli IQ event has long been acknowledged as the leading event on the Australian eDiscovery scene, attracting delegates from all around Australia and further […]

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E-Discovery presents challenges and requires new skills

November 28th, 2012

Electronic discovery has often been a process that is unfamiliar to many involved in litigation. E-discovery requires new skills and a greater appreciation of technology than was previously required in a traditional paper dominated discovery world. In today’s digital world the increasing sources and volumes of electronic information is making the discovery process more challenging. There […]

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Keeping track of the Jackson Reforms

August 21st, 2012

The new Jackson reforms are due to commence in the UK in April 2013. Over recent weeks we have seen a number of interesting articles commenting on the new reforms and in particular the impact on the disclosure process (discovery for the rest of us in the world). The first articles to catch my eye […]

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A day in the life of an E-Discovery Consultant

July 11th, 2012

As published in LawTalk, issue 799, 6 July 2012 Over recent years there has been an exponential growth in both the volume and sources of electronic information. Nearly all information now originates in electronic form. This has complicated the discovery process as it has created many new challenges for lawyers. Managing electronic information in the […]

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Chilli IQ’s E-Discovery Summit – Raising the awareness of electronic discovery

May 1st, 2012

Providing education to raise the awareness of electronic discovery is essential to assist navigate the challenges of electronic information both efficiently and cost effectively. Chilli IQ’s 6th Information Management & E-Discovery Summit is one of very few events in Australasia that is designed to help those in the industry expand their knowledge about dealing with […]

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A Judicial Commentary on New Zealand’s New Discovery Rules

April 19th, 2012

This week His Honour Judge David Harvey has written an article which summarises New Zealand’s New Discovery Rules and also provides a practical insight of how technology can be used through the discovery process. The article called New Zealand’s New Discovery Rules and Electronic Discovery was published by the Society for Computers and Law (from the […]

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Embracing an Electronic Documents Questionnaire

April 12th, 2012

Recently I have pointed clients in the direction of the UK Electronic Documents Questionnaire to assist them undertake discovery under the new NZ court rules. Tools from other jurisdictions (like the Electronic Documents Questionnaire), can provide good practical guidance for parties to tackle discovery more proportionately and cost effectively under the new e-discovery rules. With […]

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Raising the awareness of electronic discovery

March 30th, 2012

Raising the awareness of electronic discovery has become something of a mission of mine of late. Electronic discovery is an area that continues to evolve with new challenges arising, as well as new solutions developing – it is just a matter of sharing this knowledge. Historically in New Zealand there were not any court rules […]

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Growing litigation support options in NZ

February 9th, 2012

A common concern that I have heard of late is that there are not enough litigation support options available in New Zealand. Fortunately this is not the case, as it has never been a more important time to have litigation support options available since the new electronic discovery rules commenced on 1 February. Over the […]

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New discovery rules – being more informed at an earlier stage

January 20th, 2012

We are now only a couple of weeks away from the new discovery rules commencing in New Zealand on the 1st of February. Currently I am busy assisting firms prepare to comply with the new requirements. One point I have been highlighting is those parties that are more informed about their information at an earlier […]

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Lord Justice Jackson: “New Zealand is ahead of us”

December 1st, 2011

“New Zealand is ahead of us” maybe a commendable headline, but it is important to put Lord Justice Jackson’s comment into context. Lord Justice Jackson made this comment last week in a speech about ‘Controlling the Costs of Disclosure’. A full copy of the speech is available on the Judiciary of England and Wales website. […]

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Continuing to promote the new discovery rules

November 22nd, 2011

I continue my ‘mission’ to try and raise the awareness of the new discovery rules, with the commencement just around the corner on 1 February 2012. The Law Society helpfully published an article of mine in their Law Talk magazine last week entitled “Promoting the new discovery rules”. A link to the full article can […]

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Providing technology options for small matters

November 15th, 2011

A common misconception by many in the legal profession is that technology is always expensive and only suitable for large matters.  This does not have to be the case, as there are eDiscovery solutions available for smaller matters that do not need to cost the earth. ‘We do not have large volume matters…’ Since the NZ […]

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NZ Law Society seminars: Judicial endorsement of new discovery rules

November 1st, 2011

I have spent the last week travelling the country presenting seminars on behalf of the New Zealand Law Society explaining the new discovery reforms. Laura O’Gorman of Buddle Findlay and David Friar of Bell Gully joined me in presenting these sessions, adding valuable legal insight into the new discovery rules. Judicial endorsement We were fortunate […]

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Removing the uncertainty – new discovery rules

October 14th, 2011

I like many, were pleased to see the new discovery rules finally made public last week with the announcement that they will come into effect on 1 February 2012. There had been considerable uncertainty around when the new discovery rules would commence and also when the new rules would be made available. Personally it has […]

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New discovery rules – training sessions

October 7th, 2011

As I announced yesterday, the new NZ discovery rules are now publicly available. They commence on 1 February 2012.  To assist the profession understand what the new discovery rules will mean for them, I have established dedicated training sessions on the new discovery rules. Details of the sessions are available here. The new rules contain […]

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New discovery rules commence 1 Feb 2012

October 6th, 2011

The new NZ discovery rules have been passed and will commence on 1 February 2012. The rules were passed this week and were today published on the New Zealand Legislation website. The new rules substantially change the way that discovery will have to be conducted. The reforms modernise discovery rules in an attempt to curb […]

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NZ E-Discovery reform – a global context: #5 – Exchange Protocols

September 13th, 2011

The NZ discovery reforms introduce a mandatory listing and exchange protocol (the protocol) to facilitate the production of information. A key feature of the new NZ rules is that there is flexibility to modify the protocol to suit the requirements of the matter. Continuing my series of looking into the NZ discovery reforms, I will […]

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Raising the Bar – a look at the NZBA Annual Conference

September 6th, 2011

Barristers can become more efficient in their practice by effectively using technology. This was a key theme that came out of the NZ Bar Association Annual Conference last Friday, which I was fortunate enough to be a speaker. We had a number of industry experts all delivering the messages of how there is technology available […]

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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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Final draft of the new NZ discovery rules released

July 14th, 2011

The final draft rules of the New Zealand discovery reform have been published by the Rules Committee. The profession are being asked to raise any specific drafting issues by 10 August 2011, with the anticipation that the new rules will come into force in early 2012. The rules can be found on the Courts of […]

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Launch of ‘The NZ E-Discovery Blog’

July 12th, 2011

E-Discovery Consulting is proud to announce the launch of The NZ E-Discovery Blog. The NZ E-Discovery Blog is an objective commentary that will look to promote the understanding and awareness of electronic discovery issues. Complementing the services of E-Discovery Consulting, the blog will be a valuable resource to make it easier for lawyers to be […]

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Achieving a more efficient discovery process

February 13th, 2011

Andrew King looks at the issues created by electronically generated documents Today, 90 per cent of all documents are generated electronically. The substantial escalation in the volume of electronic documents has added new, unique challenges to an already expensive and time-consuming discovery process – and if we don’t directly address the issue, the discovery process […]

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Addressing discovery proportionately

February 11th, 2011

The proposed discovery reforms are a necessity to modernize existing rules by directly addressing the complexities that the exponential growth of electronic documents has added to the discovery process. These changes should reduce the current burden associated with discovery as we look to take a more proportionate and cost-effective approach that is tailored to suit […]

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