New Zealand- Electronic Transactions Act 2002
Public Act 2002 No 35
Date of assent 17 October 2002
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Electronic Transactions Act 2002.
2 Commencement
(1) 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.
Part 1
Preliminary
3 Purpose
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.
4 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.
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-
(a) a transaction of a noncommercial nature:
(b) a single communication:
(c) the outcome of multiple related communications.
6 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.
7 Act binds the Crown
This Act binds the Crown.
Part 2
Improving certainty in relation to electronic information and electronic
Communications
Validity
8 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
9 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.
10 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.
11 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.
12 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.
13 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.
Part 3
Application of legal requirements to electronic transactions
