What Are the Electronic Signature Laws in New Zealand?
The matters of electronic signature in New Zealand are regulated by the Contract and Commercial Law Act of 2017. This law replaced the Electronic Transactions Act of 2002 which originally regulated electronic transactions.
What Is the Electronic Signature in New Zealand?
Electronic signature is a method used to identify a person and to indicate that person’s approval of the information, whether in its original form or otherwise, that is in the form of a document, a signature, a seal, data, text, images, sound, or speech.
New Zealand does not establish different tiers of electronic signatures; electronic signature could simply be reliable and therefore valid or not. However, there are different electronic signature validity requirements for the signatures which are executed and which are to be witnessed.
Reliability Test For Electronic Signatures
For both electronic signatures to be executed and to be witnessed, the reliability and appropriateness of signature is a key to their validity under the law. The New Zealand laws established a separate reliability test for electronic signatures. The electronic signature is presumed valid if it is reliable.
According to the reliability test, the electronic signature is reliable if.
01
The means of creating the electronic signature is linked to the signatory and to no other person.
02
The means of creating the electronic signature was under the control of the signatory and of no other person.
03
Any alteration to the electronic signature made after the time of signing is detectable.
04
If electronic signature is used to ensure the integrity of the information, any alteration made to that information after the time of signing is detectable.
The New Zealand electronic signature reliability threshold is reasonably low. pdfFiller electronic signatures meet the reliability requirements.
Legal Requirements for Electronic Signatures to Be Executed
Electronic signature is valid in New Zealand if it complies with he following criteria:
01
A signature adequately identifies the signatory.
02
A signature adequately indicates the signatory’s approval of the information to which the signature relates.
03
A signature is as reliable as is appropriate given the purpose and the circumstances of the signature.
04
The signatory has consented to the use of electronic signature.
pdfFiller electronic signatures meet the legal requirements for electronic signatures in New Zealand.
Legal Requirements for Electronic Signatures to be Witnessed
Electronic signature to be witnessed is valid in New Zealand if the signature:
01
Complies with the legal requirements for electronic signatures specified above.
02
Adequately identifies the witness.
03
Adequately indicates that the signature or seal has been witnessed.
04
Is as reliable as is appropriate given the the purpose and the circumstances of the witness’s signature.
05
The signatory has consented to the use of witness’s electronic signature.
pdfFiller electronic signatures could be used as the meet the witness’s electronic signature in New Zealand.
Electronic Signature Validity in Court
First of all, the laws provide that the information should not be denied legal effect solely because it is in electronic form.
Then, the reliability and appropriateness of electronic signature determines who bears the burden of proof of the electronic signature validity in court. If the signature meets the reliability criteria, it is presumed that the electronic signature is legitimate; therefore, if the signature’s validity is challenged, the challenging party must provide the evidence confirming the opposite. On the contrary, if the signature does not meet the reliability criteria, the person who used and relied on that signature must prove that it is reliable and valid.
Do You Need to Have a Consent to Use Electronic Signature?
Yes, a person needs to consent to use, provide, or accept information in an electronic form.
However, that consent may be inferred from a signatory’s conduct or from the form of the information or the means by which the information is communicated. For example, if the information in the electronic form was electronically communicated to the signatory and they electronically signed it without objections, it could be presumed that the signatory consented to the use of electronic signature.
When the Use of Electronic Signature is Prohibited in New Zealand
01
Documents and communications issued under the laws the particular laws specified in the the Contract and Commercial Law Act of 2017, e.g., referenda and electoral laws, citizenship laws, medicine, fisheries, and games regulations, etc.
02
Notices that are required to be given to the public.
03
Information that is required by the law to be given in writing.
04
Affidavits, statutory declarations, or other documents given on oath or affirmation.
05
Powers of attorney or enduring powers of attorney.
06
Wills, codicils, or other testamentary instruments.
07
Negotiable instruments.
08
Bills of lading.
09
A warrant or other document that authorises entry on premises, the search of any person, place, or thing, or the seizure of any thing.
10
Enactments of the certain courts, tribunals, and other governmental bodies.
11
Information required in respect of any goods or services by a consumer information standard or a product safety standard or a services safety standard.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024
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