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Overview of eSignature Legality in New Zealand
New Zealand has an open, legal model - that means there are no technology requirements (such as Qualified Electronic Signatures), or special types of electronic signatures when executing a document.
In 2002, eSignatures was recognized by law in New Zealand with the passing of the Electronic Transactions Act. This gives companies the option to use eSignatures for their business.
New Zealand’s Legal System
The law of New Zealand is common law. This is based on:
- Judicial decisions are viewed as binding
- Generally, everything is permitted, if it’s not prohibited by law
Are eSignatures legal, admissible, and enforceable?
Summary of Law
The ELECTRONIC TRANSACTIONS ACT 2002 set new rules to permit the use of email and other electronic technology for business and in interaction between the government and the public.
This Act primarily allows businesses to use electronic technology, if they elect to, to comply with legal requirements for producing, giving, or storing information in writing, given that the person receiving the information consents to this. Additionally, the Act allows members of the public to use email and/or faxes for communications with the government in place of documents that would be required in writing. Conversely, the government can use emails and/or faxes to send notices to individuals of the public. In every case, the person or organization must consent to receiving the communication in that form.
HelloSign is also able to provide electronic records under New Zealand’s Evidence Act of 2006 to support the validity, authenticity, and existence of acceptance of a contract.
The law does not exclude specific types of agreements. However, certain types agreements like wills, court documents, land titles, may still require written, paper communications.
Ansvarsfraskrivelse: Disse oplysninger er kun beregnet til generelle informationsformål. Det er beregnet til at hjælpe virksomheder med at forstå de retlige rammer, der bruges til eSignature-legalitet. Dette er ikke beregnet til at være juridisk rådgivning og bør ikke erstatte professionel juridisk rådgivning. Kontakt en autoriseret advokat for juridisk rådgivning eller repræsentation.