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Contract and Commercial Law Act 2017

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

226: Legal requirement for signature

You could also call this:

“Using electronic signatures instead of handwritten ones for legal documents”

If you need to sign something legally, you can use an electronic signature instead of writing your name. For this to work, your electronic signature needs to do two things. First, it should show clearly who you are and that you agree with what you’re signing. Second, it should be reliable enough for why you’re using it and the situation you’re using it in.

There’s one more thing to remember. If you’re signing something that needs to be given to someone else, you can only use an electronic signature if that person agrees to it. This means they’re okay with getting your signature electronically instead of on paper.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844474.

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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"

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227: Legal requirement that signature or seal be witnessed, or

"When you need someone to watch you sign, you can use a digital signature"

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

226Legal requirement for signature

  1. A legal requirement for a signature other than a witness's signature is met by means of an electronic signature if the electronic signature—

  2. adequately identifies the signatory and adequately indicates the signatory's approval of the information to which the signature relates; and
    1. is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.

      1. However, a legal requirement for a signature that relates to information legally required to be given to a person is met by means of an electronic signature only if that person consents to receiving the electronic signature.

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