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Disclosure of Documents in Civil Litigation 2024

Published: 21-10-2024 Authors: Fionnghuala Cuncannon, Kate Muirhead Pages: 66
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Authors: Fionnghuala Cuncannon, Kate Muirhead
Published: 21 October 2024
Pages: 66

Introduction

This paper:

• provides a basic practical overview of the main concepts related to discovery;
• sets out relevant updates on the interpretation of the High Court Rules 2016 (Rules) by the courts; and
• describes changes proposed by the Rules Committee | Te Komiti Mō Ngā Tikanga Kooti (Committee) that may result in the repeal of existing discovery rules in the Rules, and replacement with an expanded system of disclosure. (As at mid-September 2024, the final form and timing of these changes are yet to be finalised. The Committee has, however, indicated that the changes are in a reasonably final form, and on 9 February 2024 sent drafting instructions to the Parliamentary Counsel Office).

Content outline

  • Pre-commencement particular discovery (r 8.20)
  • Initial disclosure (r 8.4)
  • Standard discovery (r 8.7)
  • Tailored discovery (r 8.8)
  • Post-commencement particular discovery (rr 8.19 and 8.21)
  • Electronic discovery
  • Norwich Pharmacal orders and freezing orders with ancillary orders seeking information
  • Additional discovery considerations
  • District Court issues
  • Proposed changes to the High Court discovery regime
  • Case law developments and commentary
View contents page
CUNCANNON Fionnghuala-965 MUIRHEAD Katie
  
Fionnghuala Cuncannon
Cuncannon Partners
Wellington		 Kate Muirhead
Cuncannon Partners
Auckland		  

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