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Contract and Commercial Law Act 2017

Electronic transactions - Application of legal requirements to electronic transactions - Legal requirement: provision and production of, and access to, information

233: Legal requirement to provide or produce information that is in electronic form

You could also call this:

“How to share information stored on computers or electronic devices”

When you need to give someone information that’s stored on a computer or other electronic device, you have a couple of options. You can print it out on paper or provide it in another non-electronic way. However, if you do this and you’re not sure the information will stay accurate and complete, you need to tell the person receiving it. If they ask, you should also give them the information electronically.

You can also provide the information electronically, like through email or a file transfer. If you do this, you need to make sure three things happen. First, the way you send it should keep the information accurate and complete. Second, the person receiving it should be able to easily access and use the information later. Third, the person you’re giving the information to needs to agree to receive it electronically.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844483.

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232: Legal requirement to provide or produce information that is in paper or other non-electronic form, or

"You can give information electronically instead of on paper if you follow certain rules"

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234: Legal requirement to provide access to information that is in paper or other non-electronic form, or

"You can show paper information electronically if it's accurate and the person agrees"

Part 4 Electronic transactions
Application of legal requirements to electronic transactions: Legal requirement: provision and production of, and access to, information

233Legal requirement to provide or produce information that is in electronic form

  1. A legal requirement to provide or produce information that is in electronic form is met by providing or producing the information—

  2. in paper or any other non-electronic form, but, if the maintenance of the integrity of the information cannot be assured, the person who must provide or produce the information must—
    1. notify that fact to every person to whom the information is required to be provided or produced; and
      1. if requested to do so, provide or produce the information in electronic form in accordance with paragraph (b); or
      2. in electronic form, whether by means of an electronic communication or otherwise, if—
        1. the form and means of the provision or production of the information reliably assure that the integrity of the information is maintained, given the purpose for which, and the circumstances in which, the information is required to be provided or produced; and
          1. 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 provided or produced consents to the provision or production of the information in an electronic form and, if applicable, by means of an electronic communication.

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