This book is only available in PDF format

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