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Contract and Commercial Law Act 2017

Electronic transactions - Application of legal requirements to electronic transactions - Preliminary provisions

218: When subpart applies

You could also call this:

“This law applies to most New Zealand rules, with some exceptions”

This part of the law applies to every rule in New Zealand, no matter when it was made. But there are some exceptions. It doesn’t apply to rules that say you must use specific electronic technology, a particular type of data storage, or a certain kind of electronic communication. It also doesn’t apply to some rules listed in Schedule 5 of this law. However, even if a rule is listed in Part 4 of Schedule 5, this law might still apply if a court or similar body says it’s okay to use electronic technology. Even though some rules are excluded, this law does apply to a special kind of document called a deed that gives someone permission to act for you when it’s about a security interest.

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Part 4 Electronic transactions
Application of legal requirements to electronic transactions: Preliminary provisions

218When subpart applies

  1. This subpart 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. However, this subpart does not apply to—

  3. an enactment that requires information to be recorded, given, produced, or retained, a signature to be given, or a signature or seal to be witnessed—
    1. in accordance with particular electronic technology requirements; or
      1. on a particular kind of data storage device; or
        1. by means of a particular kind of electronic communication:
        2. the enactments specified in Part 1 of Schedule 5:
          1. the provisions of enactments specified in Part 2 of Schedule 5:
            1. the provisions of enactments that are described in Part 3 of Schedule 5:
              1. the provisions of enactments that are described in Part 4 of Schedule 5 except to the extent that rules of a court, or guidelines issued with the authority of a court, tribunal, or any other body, specified in that Part of Schedule 5 provide for the use of electronic technology in accordance with this subpart.

                1. Despite subsection (2)(d), this subpart applies to a deed that creates a power of attorney in connection with a security interest.

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                Notes
                • Section 218(3): inserted, on , by section 43 of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).