Legal Project Management Plan & Checklist
Purpose of this Guide: Use this guide when a client is the victim of harmful online conduct, such as harassment, cyberbullying, or the non-consensual sharing of intimate visual recordings, and needs to seek civil remedies or coordinate criminal enforcement in New Zealand. This plan is designed for legal practitioners to guide clients through evidence preservation, mandatory pre-action protocols with online content hosts, and the compulsory Netsafe dispute resolution process, culminating in District Court proceedings to obtain takedown, cease-and-desist, or anonymity orders.
Jurisdiction: New Zealand District Court (civil jurisdiction) or NZ Police (criminal enforcement). This parent plan covers the standard civil application pathway following the completion of the Netsafe process. Subsequent forks cover urgent applications for without-notice interim orders under Rule 21 or parallel criminal coordination under sections 22 and 22A.
The Process at a Glance: The process begins with immediate forensic preservation of digital evidence and checking for conflicts of interest. The practitioner serves a formal notice of complaint on the online content host to trigger the forty-eight-hour safe harbour protocol. If the host refuses removal, the practitioner lodges a complaint with Netsafe, managing the eight-week resolution clock. If Netsafe cannot resolve the dispute, the practitioner secures the non-resolution summary and drafts the initiating court documents. After swearing the supporting affidavit and filing the application via the Ministry of Justice registry portal, the practitioner arranges personal service on the defendant and represents the client at the District Court hearing to secure sealed final orders.
Use this fork when immediate, without-notice interim relief is required under section 18 of the Harmful Digital Communications Act 2015 to prevent irreparable harm or the rapid spread of intimate visual media. This workflow bypasses standard on-notice delays to secure rapid short-term takedown or cease-and-desist orders directly from a District Court Judge.
Use this fork when the harmful digital communication constitutes a criminal offence under section 22 (intent to cause harm) or section 22A (non-consensual sharing of intimate visual recordings) of the Harmful Digital Communications Act 2015. This workflow facilitates a parallel referral to the New Zealand Police and coordinates civil and criminal remedies, including the civil orders a court may make under section 22B during a section 22A prosecution.
Key Legislation and Case Law: Harmful Digital Communications Act 2015 - s 3 (purpose); s 4 (definitions of harm as serious emotional distress, digital communication, and online content host); s 6 (communication principles); s 11 (standing); s 12 (Netsafe gateway); s 18 (interim orders); s 19 (final orders); s 21 (non-compliance offence); s 22 (criminal offence of causing harm); s 22A (non-consensual sharing of intimate recordings); s 24 (safe harbour protocol for online content hosts). Harmful Digital Communications Rules 2016 - Rule 9 (time extensions); Rule 11 (making an application); Rule 12 (supporting affidavit); Rule 14 (address confidentiality); Rule 15 (anonymity); Rule 21 (application without notice and interim orders); Rule 28 (formatting). Contract and Commercial Law Act 2017 - ss 226, 228 (electronic signatures). Criminal Procedure Act 2011 - s 25 (limitation periods for Category 2 offences).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Civil Remedies under Harmful Digital Communications Act matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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