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Harvey, David; Garrie, Daniel B.
Languages: English
Types: Article

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Judge David Harvey and Daniel B. Garrie set out the recent changes to the discovery rules in New Zealand, embodied in the High Court Amendment Rules (No 2) 2011, covering co-operation; proportionality; duties requiring the preservation of documents; duty of disclosure of documents; discovery checklist; and provisions for standard or tailored discoveryIndex words: electronic discovery; New Zealand High Court Rules; High Court Amendment Rules (No 2) 2011; new principles – co-operation, proportionality; new duties – preservation of documents, disclosure of documents
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    • 30 For discussion of searching techniques see Digicel(St Lucia) Ltd v Cable and Wireless plc [2008] EWHC 2522 (Ch) where additional key word searches were directed; Goodale v Ministry of Justice (Opiate Dependent Prisoners Group Litigation) [2009] EWHC B41 (QB) where it was directed that there should be sampling to see which of 31 initial key words needed nfie tuning; William A. Gross Constr. Assocs., Inc. v. American Mfrs. Mut. Ins. Co. No. 07 Civ. 10639, 2009 WL 724954 (S.D.N.Y. March 19, 2009) which emphasised the need for co-operation when selecting key words.
    • 31 For some work on this, see Simon Attefild Court Judge Andrew L. Carter, Jr. denied the objections of plaintiffs and upheld Magistrate Judge Peck's orders approving the defendant's use of predictive coding to review its own documents and adopting the defendant's proposed protocol. Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Apr. 25, 2012).
    • 33 For an example of the sanction of costs for failure to properly de-duplicate documents see West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC) (27 February 2012).
    • © The Honorable David Harvey and Daniel B. Garrie, 2012 David Harvey, PhD, is a Judge of the District Court in New Zealand. Graduating LLB and admitted in 1970, he practised until appointed to the Bench in 1989. He lectures at Auckland University Law School in law and information technology, and is author of Internet.Law.NZ (2nd edn, LexisNexis New Zealand, 2005).
    • Daniel B. Garrie is a partner at Law & Forensics, a global e-discovery, cyber security and forensics rfim, and co-author of Dispute Resolution and E-Discovery (2011, Thomson Reuters).
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