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Contract and Commercial Law Act 2017

Electronic transactions - Application of legal requirements to electronic transactions - Legal requirement: writing

224: Legal requirement to give information in writing

You could also call this:

“You can give written information electronically if you follow some simple rules”

When you need to give information in writing, you can also do it electronically. This means you can use email or other electronic ways to send the information. However, there are some rules you need to follow.

First, the information you send electronically must be easy to access and use later. This means the person getting the information should be able to find and read it again if they need to.

Second, the person you’re sending the information to must agree to get it electronically. You can’t just decide to send it this way without their permission.

If you follow these rules, sending information electronically is just as good as giving it in writing. If you need to give someone multiple copies of the same information, you only need to send one electronic version.

This rule applies even if you’re told to give information in a specific way, like filing it or posting it. You can still use electronic methods.

There are many different ways you might need to give information. For example, you might need to make an application, make a claim, send a notification, file a tax return, make a request, make a declaration, give a certificate, choose or change an option, object to something, or explain your reasons for doing something. In all these cases, you can use electronic methods if you follow the rules we talked about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844471.

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223: Legal requirement to record information in writing, or

"You can use a computer instead of paper to write things down when the law says you must"

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225: Legal requirements relating to layout and format of certain information and writing materials, or

"Rules for paper documents don't apply when using electronic forms"

Part 4 Electronic transactions
Application of legal requirements to electronic transactions: Legal requirement: writing

224Legal 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—

  2. the information is readily accessible so as to be usable for subsequent reference; and
    1. 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.

      1. 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.

      2. 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.

      3. A legal requirement to give information includes, for example,—

      4. making an application:
        1. making or lodging a claim:
          1. giving, sending, or serving a notification:
            1. lodging a return:
              1. making a request:
                1. making a declaration:
                  1. lodging or issuing a certificate:
                    1. making, varying, or cancelling an election:
                      1. lodging an objection:
                        1. giving a statement of reasons.

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