High Court Discovery Rules

New Zealand’s civil discovery process is changing. From 1 January 2026, the High Court (Improved Access to Civil Justice) Amendment Rules 2025 come into force, replacing the traditional discovery regime with a new, front-loaded disclosure framework — one of the most significant reforms to civil litigation in decades. We help lawyers and their clients meet these obligations efficiently and to a forensic standard.

What’s changing

  • Proportionality is the overriding objective — the resources spent on a case must be appropriate to the issues and amounts at stake.
  • A duty to co-operate — parties, their lawyers and the Court must work together to keep proceedings focused and efficient.
  • Front-loaded disclosure replaces traditional discovery — parties must give comprehensive disclosure early, alongside their pleadings, including both the documents they rely on and adverse documents that could harm their case.
  • Tighter timeframes — interlocutory applications (such as strike-out, security for costs and summary judgment) must generally be made within 25 working days, and witness statements are exchanged earlier.

What it means for eDiscovery

Front-loaded disclosure means large volumes of electronic information must be identified, collected and reviewed at the very start of a case — not months in. That makes advanced review technology essential. Using Technology Assisted Review (TAR) and Continuous Active Learning (CAL), we help legal teams:

  • rapidly surface the most relevant documents from large datasets;
  • ensure adverse material is not overlooked when meeting disclosure obligations; and
  • reduce the time and cost of review while keeping the process defensible in Court.

Our experts have provided independent expert witness testimony on the defensibility of TAR and CAL workflows — directly relevant to the Court’s new emphasis on proportionality and early engagement with the real issues.

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Preparing for the new disclosure regime? Contact us or call 0800 WITNESS (0800 948 637).

Related: eDiscovery Processing · Technology Assisted Review (TAR) · Continuous Active Learning (CAL) · Review Solutions