In New Zealand there has been a recent Consultation process about Improving Access to Civil Justice. This is a positive step as we would all acknowledge there is work to do here in simplifying eDiscovery obligations. As part of these discussions, somewhat inevitably is evaluating the role of discovery and the potential reform of discovery […]
Read more...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 eDiscovery rules. I couldn’t agree more with Chris, […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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. […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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 […]
Read more...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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