Electronic Transactions Act 2002

• Jurisdiction: New Zealand
• Reference: 2002 No 35
• Citation: 2002 No 35
• Record Number: DLM154184
• Act Number: 35
• Type of Document: Act

Contenidos

• Electronic Transactions Act 2002
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose
• 4 Overview
• 5 Interpretation
• 6 Further provision relating to interpretation
• 7 Act binds the Crown
• Part 2
• 8 Validity of information
• 9 When default rules in sections 10 to 13 apply
• 10 Time of dispatch
• 11 Time of receipt
• 12 Place of dispatch
• 13 Place of receipt
• 13A Time of communication of acceptance of offer
• Part 3
• Part 1
• 14 When Part applies
• 14A Orders making additions to Schedule are confirmable instruments
• 15 When legal requirement can be met by electronic means
• 16 Consent to use of electronic technology
• 17 When integrity of information maintained
• Part 2
• 18 Legal requirement that information be in writing
• 19 Legal requirement to record information in writing
• 20 Legal requirement to give information in writing
• 21 Legal requirements relating to layout and format of certain information and writing materials
• 22 Legal requirement for signature
• 23 Legal requirement that signature or seal be witnessed
• 24 Presumption about reliability of electronic signatures
• 25 Legal requirement to retain document or information that is in paper or other non-electronic form
• 26 Legal requirement to retain information that is in electronic form
• 27 Extra conditions for electronic communications
• 28 Legal requirement to provide or produce information that is in paper or other non-electronic form
• 29 Legal requirement to provide or produce information that is in electronic form
• 30 Legal requirement to provide access to information that is in paper or other non-electronic form
• 31 Legal requirement to provide access to information that is in electronic form
• 32 Originals
• Part 3
• 33 Legal requirement relating to content of information
• 34 Copyright
• 35 Review of enactments and provisions excluded from Part 3
• 36 Regulations
• 37 Authority to prescribe electronic forms and requirements for using electronic forms
• 38 Related amendment to Interpretation Act 1999
• Schedules
• Schedule Enactments and provisions excluded from Part 3
• Part 1 Enactments
• Part 2 Provisions
• Part 3 Descriptions of provisions of enactments
• Part 4 Provisions of enactments relating to certain courts and tribunals
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this reprint

Electronic Transactions Act 2002

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1 Title

This Act is the Electronic Transactions Act 2002.

2 Commencement

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.

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): this Act (except sections 14(3) and 36) brought into force, on 21 November 2003, by the Electronic Transactions Act Commencement Order 2003 (SR 2003/289).

Part 1

3 Purpose

The purpose of this Act is to facilitate the use of electronic technology by—

reducing uncertainty regarding—

1. the legal effect of information that is in electronic form or that is communicated by electronic means; and

2. the time and place of dispatch and receipt of electronic communications; and

2. providing that certain paper-based legal requirements may be met by using electronic technology that is functionally equivalent to those legal requirements.

4 Overview

In this Act,—

1. 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:

2. default rules about the time and place of dispatch and receipt of electronic communications are set out in sections 9 to 13A:

3. key provisions concerning the use of electronic technology to meet certain legal requirements are set out in sections 14 to 17:

4. 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.

Section 4(b): amended, on 10 May 2014, by section 4 of the Electronic Transactions (Contract Formation) Amendment Act 2014 (2014 No 25).

5 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—

1. a transaction of a non-commercial nature:

2. a single communication:

3. the outcome of multiple related communications.

6 Further provision relating to interpretation

In interpreting this Act, reference may be made to—

1. the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law on 16 December 1996:

2. 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.

7 Act binds the Crown

This Act binds the Crown.

Part 2

Validity

8 Validity of information

To avoid doubt, information is not denied legal effect solely because it is—

1. in...