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A Litigation Hold Notice tells people and organizations to keep specific documents, emails, and other records safe when there's a chance they'll be needed for an upcoming court case. It's a crucial legal tool in New Zealand's discovery process, helping prevent the accidental deletion or alteration of important evidence.

Once you receive this notice, you must preserve all relevant materials - even if they would normally be deleted under your standard record-keeping policies. Breaking these instructions can result in serious penalties under NZ court rules, including potential sanctions or negative inferences being drawn against your case. The hold stays active until you receive formal notice that it's been lifted.

Issue a Litigation Hold Notice as soon as you become aware of potential legal action involving your organization. This includes receiving formal notice of a lawsuit, learning about a workplace incident that could lead to claims, or when regulatory investigations seem likely. Being proactive with these notices helps protect vital evidence from the start.

Key triggers include employee disputes heading toward mediation, serious health and safety incidents, major contract disagreements, or any situation where your organization faces significant legal or regulatory scrutiny. In New Zealand's courts, failing to preserve evidence early can seriously damage your legal position and create additional liability.

• Basic Notice: The standard form sent to all affected parties, outlining general preservation duties and the scope of materials to protect.
• Detailed Departmental Notice: Customized for specific business units with detailed instructions about their unique record types and systems.
• IT-Focused Notice: Contains technical instructions for preserving electronic data, including emails, backups, and digital archives.
• Third-Party Notice: Sent to external vendors, contractors, or partners who may hold relevant materials.
• Reminder Notice: Follow-up communications that reinforce ongoing obligations and update preservation requirements.

• Legal Teams: Draft and issue Litigation Hold Notices, advise on scope, and monitor compliance throughout the preservation period.
• IT Departments: Implement technical preservation measures, suspend automatic deletion policies, and maintain electronic records.
• Department Managers: Ensure their teams understand and follow hold requirements, identify relevant materials, and report compliance issues.
• Employees: Must preserve all specified documents and data in their possession once notified of the hold.
• External Parties: Contractors, vendors, or partners who possess relevant materials must comply with preservation instructions.

• Identify Scope: List all potential evidence types, relevant time periods, and affected departments or systems.
• Map Key Players: Document everyone who needs to receive the notice, including employees, contractors, and IT staff.
• Detail Preservation: Specify exactly what needs to be kept, including emails, documents, and digital records.
• Set Timeline: Establish clear start dates and explain the hold continues until formally lifted.
• Review Systems: Check all automatic deletion policies and backup schedules that might need suspension.
• Draft Notice: Our platform generates legally compliant notices customized to your specific situation, ensuring all key elements are included.

• Identification Details: Clear statement of the legal matter, date issued, and notice reference number.
• Scope Definition: Precise description of materials to be preserved, including physical and electronic records.
• Preservation Instructions: Specific steps recipients must take to maintain evidence integrity.
• Duration Statement: Clear indication that the hold remains active until formal written release.
• Compliance Requirements: Explanation of preservation duties and consequences of non-compliance.
• Contact Information: Designated person for questions about preservation obligations.
• Acknowledgment Section: Space for recipients to confirm understanding and agreement to comply.

A Litigation Hold Notice differs significantly from a Notice of Default in both purpose and timing. While both documents deal with legal obligations, they serve distinct functions in New Zealand's legal framework.

• Purpose and Timing: A Litigation Hold Notice aims to preserve evidence for potential legal proceedings, issued at the first sign of possible litigation. A Notice of Default addresses existing breaches of contractual obligations, sent after a violation has occurred.
• Scope of Application: Litigation holds cover a broad range of materials and affect multiple parties across an organization. Default notices typically focus on specific contractual breaches between defined parties.
• Legal Consequences: Failing to comply with a litigation hold can result in court sanctions and evidence problems. Default notices trigger contractual remedies and may lead to termination rights.
• Duration: Litigation holds remain active until explicitly lifted. Default notices usually specify cure periods and deadlines for remedial action.