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Contract and Commercial Law Act 2017

Electronic transactions - Application of legal requirements to electronic transactions - Miscellaneous

239: Regulations and Order in Council to amend Schedule 5

You could also call this:

“Rules for doing legal stuff electronically”

The Governor-General can make rules about how to meet legal requirements electronically. These rules can include:

  • Setting conditions for meeting legal requirements electronically.
  • Deciding how to meet certain legal requirements electronically instead of using paper.
  • Creating electronic forms to replace paper forms required by law.
  • Stating when an electronic message is considered to have met a legal requirement, similar to how it’s done for postal mail.

The Governor-General can also change or replace a list of laws (called Schedule 5) that this section applies to.

These rules and changes to Schedule 5 are called secondary legislation, which means they have to be published in a specific way.

If the Governor-General adds something new to Schedule 5, it needs to be confirmed by another law called an Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844491.

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Part 4 Electronic transactions
Application of legal requirements to electronic transactions: Miscellaneous

239Regulations and Order in Council to amend Schedule 5

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing any conditions that must be complied with in order to meet a legal requirement by electronic means:
    1. without limiting paragraph (a), prescribing 1 or more requirements that—
      1. must be complied with in order to meet, by electronic means, a legal requirement to which any of sections 222 to 224 apply; and
        1. apply instead of a paper-based format requirement:
        2. if an enactment sets out a form that must be used for the purposes of meeting a legal requirement, prescribing an electronic form that may be substituted for the form set out in the enactment:
          1. if an enactment provides for the time at which a legal requirement to provide information is to be treated as being satisfied where that information is provided by post or by any other non-electronic means, providing for the time at which the legal requirement is to be treated as being satisfied by an electronic communication.

            1. The Governor-General may, by Order in Council, amend Schedule 5 or repeal Schedule 5 and substitute a new schedule.

            2. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

            3. regulations under subsection (1):
              1. an order under subsection (2).

                1. An order under subsection (2) that makes an addition to Schedule 5 must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                Compare
                Notes
                • Section 239(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 239(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).