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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

235: Legal requirement to provide access to information that is in electronic form

You could also call this:

“How to share electronic information with others”

If you need to give someone access to information that’s stored electronically, you have two options:

You can provide the information on paper or in another non-electronic form. However, if you can’t be sure that the information will stay accurate and complete in this form, you need to tell the person who’s getting the information about this. If they ask, you should then give them the information electronically instead.

You can also provide the information electronically, either by sending it or by other means. To do this, you need to make sure of two things. First, the way you’re giving access to the information needs to keep it accurate and complete, considering why and in what situation the person needs the information. Second, the person getting the information 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=DLM6844485.

Topics:
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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"

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236: Originals, or

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

235Legal requirement to provide access to information that is in electronic form

  1. A legal requirement to provide access to information that is in electronic form is met by providing access to 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 access to the information must—
    1. notify that fact to every person to whom access is required to be provided; and
      1. if requested to do so, provide access to 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 access to the information reliably assure that the integrity of the information is maintained, given the purpose for which, and the circumstances in which, access to the information is required to be provided; and
          1. the person to whom access is required to be provided consents to accessing the information in that electronic form.

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