As in the UK and other jurisdictions, civil litigation in New Zealand is increasingly focusing on agreement and cooperation, enforced if necessary, between the parties as to the scope and execution of eDiscovery.
An article called Reinforcing the requirements of the discovery checklist on Andrew King’s NZ E-Discovery Blog summarises what those requirements are in New Zealand, listing the key points as identifying:
- Who are the key individuals in the dispute;
- What you have and where it is located;
- What is important to the matter in dispute; and
- How this information can be provided in a way which is accurate, efficient, and cost-effective.
It beats me how anyone, in any jurisdiction, can think it is possible to embark on any significant litigation without getting his or her head round this information, which seems to me no more than common sense.
Andrew King points to the use of an Electronic Documents Questionnaire as the model required in some UK litigation as a structured way of assembling and then exchanging the relevant information.