This Act (except sections 14(3) and 36) comes into force on a date to be appointed by the Governor-General by Order in Council.
(2)
Sections 14(3) and 36 come into force on the day after the date on which this Act receives the Royal assent.
Section 2(1): Electronic Transactions Act 2002 (except sections 14(3) and 36) brought into force, on 21 November 2003, by the Electronic Transactions Act Commencement Order 2003 (SR 2003/289).
The purpose of this Act is to facilitate the use of electronic technology by—
(a)
reducing uncertainty regarding—
(i)
the legal effect of information that is in electronic form or that is communicated by electronic means; and
(ii)
the time and place of dispatch and receipt of electronic communications; and
(b)
providing that certain paper-based legal requirements may be met by using electronic technology that is functionally equivalent to those legal requirements.
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Overview
In this Act,—
(a)
matters concerning the legal effect of information that is in electronic form or that is communicated by electronic means are set out in section 8:
(b)
default rules about the time and place of dispatch and receipt of electronic communications are set out in sections 9 to 13:
(c)
key provisions concerning the use of electronic technology to meet certain legal requirements are set out in sections 14 to 17:
(d)
provisions that specify certain legal requirements that may be met by using electronic technology, and how they may be met, are set out in sections 18 to 32.
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Interpretation
In this Act, unless the context otherwise requires,—
data storage device means any article or device (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device
electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic
electronic communication means a communication by electronic means
electronic signature, in relation to information in electronic form, means a method used to identify a person and to indicate that person's approval of that information
information includes 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
information system has the meaning set out in section 10(2)
legal requirement has the meaning set out in section 15(2)
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
transaction includes—
(a)
a transaction of a non-commercial nature:
(b)
a single communication:
(c)
the outcome of multiple related communications.
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Further provision relating to interpretation
In interpreting this Act, reference may be made to—
(a)
the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law on 16 December 1996:
(b)
any document that relates to the Model Law that originates from the United Nations Commission on International Trade Law, or its working group for the preparation of the Model Law.
Improving certainty in relation to electronic information and electronic communications
Validity
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Validity of information
To avoid doubt, information is not denied legal effect solely because it is—
(a)
in electronic form or is in an electronic communication:
(b)
referred to in an electronic communication that is intended to give rise to that legal effect.
Default rules about dispatch and receipt of electronic communications
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When default rules in sections 10 to 13 apply
Sections 10 to 13 apply to an electronic communication except to the extent that—
(a)
the parties to the communication otherwise agree:
(b)
an enactment provides otherwise.
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Time of dispatch
(1)
An electronic communication is taken to be dispatched at the time the electronic communication first enters an information system outside the control of the originator.
(2)
For the purposes of sections 10 and 11, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.
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Time of receipt
An electronic communication is taken to be received,—
(a)
in the case of an addressee who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or
(b)
in any other case, at the time the electronic communication comes to the attention of the addressee.
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Place of dispatch
An electronic communication is taken to be dispatched from—
(a)
the originator's place of business; or
(b)
if the originator has more than 1 place of business,—
(i)
the place of business that has the closest relationship with the underlying transaction; or
(ii)
if there is no place of business to which subparagraph (i) applies, the originator's principal place of business; or
(c)
in the case of an originator who does not have a place of business, the originator's ordinary place of residence.
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Place of receipt
An electronic communication is taken to be received at—
(a)
the addressee's place of business; or
(b)
if the addressee has more than 1 place of business,—
(i)
the place of business that has the closest relationship with the underlying transaction; or
(ii)
if there is no place of business to which subparagraph (i) applies, the addressee's principal place of business; or
(c)
in the case of an addressee who does not have a place of business, the addressee's ordinary place of residence.
Application of legal requirements to electronic transactions
Subpart 1
Preliminary
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When Part applies
(1)
Subject to subsection (2), this Part applies to every enactment that is part of the law of New Zealand and that is passed either before or after the commencement of this Act.
(2)
This Part does not apply to—
(a)
an enactment that requires information to be recorded, given, produced, or retained, or a signature to be given, or a signature or seal to be witnessed—
(i)
in accordance with particular electronic technology requirements; or
(ii)
on a particular kind of data storage device; or
(iii)
by means of a particular kind of electronic communication:
(b)
the enactments specified in Part 1 of the Schedule:
(c)
the provisions of enactments specified in column 2 of Part 2 of the Schedule:
(d)
the provisions of enactments that are described in Part 3 of the Schedule:
(e)
the provisions of enactments that are described in Part 4 of the Schedule except to the extent that rules of a court, or guidelines issued with the authority of a court or tribunal, specified in that Part of the Schedule, provide for the use of electronic technology in accordance with this Part.
(3)
The Governor-General may, by Order in Council, amend the Schedule or repeal the Schedule and substitute a new schedule.
(4)
Every Order in Council that makes an addition to the Schedule and that is—
(a)
made on or before 30 June in any year expires on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; or
(b)
made on or after 1 July in any year expires on the close of 31 December in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the end of the following year.
(5)
The expiry of an Order in Council does not affect the validity of any act done pursuant to, or in accordance with, that Order in Council before the date on which the Order in Council expired.
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When legal requirement can be met by electronic means
(1)
A legal requirement can be met by electronic means if the applicable provisions in subpart 2, and any applicable regulations made under section 36, are complied with.
(2)
For the purposes of this Part, legal requirement—
(a)
means a requirement in an enactment to which this Part applies; and
(b)
includes a provision in an enactment to which this Part applies that provides consequences that depend on whether or not the provision is complied with.
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Consent to use of electronic technology
(1)
Nothing in this Part requires a person to use, provide, or accept information in an electronic form without that person's consent.
(2)
For the purposes of this Part,—
(a)
a person may consent to use, provide, or accept information in an electronic form subject to conditions regarding the form of the information or the means by which the information is produced, sent, received, processed, stored, or displayed:
(b)
consent may be inferred from a person's conduct.
(3)
Subsections (1) and (2)(a) are for the avoidance of doubt.
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When integrity of information maintained
For the purposes of this Part, the integrity of information is maintained only if the information has remained complete and unaltered, other than the addition of any endorsement, or any immaterial change, that arises in the normal course of communication, storage, or display.
A legal requirement that information be in writing is met by information that is in electronic form if the information is readily accessible so as to be usable for subsequent reference.
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Legal requirement to record information in writing
A legal requirement that information be recorded in writing is met by recording the information in electronic form if the information is readily accessible so as to be usable for subsequent reference.
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Legal requirement to give information in writing
(1)
A legal requirement to give information in writing is met by giving the information in electronic form, whether by means of an electronic communication or otherwise, if—
(a)
the information is readily accessible so as to be usable for subsequent reference; and
(b)
the person to whom the information is required to be given consents to the information being given in electronic form and by means of an electronic communication, if applicable.
(2)
If subsection (1) applies, a legal requirement to provide multiple copies of the information to the same person at the same time is met by providing a single electronic version of the information.
(3)
Subsection (1) applies to a legal requirement to give information even if that information is required to be given in a specified manner, for example by filing, sending, serving, delivering, lodging, or posting that information.
(4)
A legal requirement to give information includes, for example,—
(a)
making an application:
(b)
making or lodging a claim:
(c)
giving, sending, or serving a notification:
(d)
lodging a return:
(e)
making a request:
(f)
making a declaration:
(g)
lodging or issuing a certificate:
(h)
making, varying, or cancelling an election:
(i)
lodging an objection:
(j)
giving a statement of reasons.
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Legal requirements relating to layout and format of certain information and writing materials
(1)
In order to meet a legal requirement to which any of sections 18 to 20 apply by electronic means, it is not necessary to comply with a paper-based format requirement.
(2)
In this section and section 36(b)(ii), paper-based format requirement means a legal requirement of the following kind that applies to information in paper or other non-electronic form:
(a)
a legal requirement relating to the format or layout of information:
(b)
a legal requirement relating to the materials to be used for writing information:
