Electronic Transactions Act 2002 No 35 (as at 29 November 2010), Public Act

23 Legal requirement that signature or seal be witnessed
  • (1) Subject to subsection (2), a legal requirement for a signature or a seal to be witnessed is met by means of a witness' electronic signature if,—

    • (a) in the case of the witnessing of a signature, the signature to be witnessed is an electronic signature that complies with section 22; and

    • (b) in the case of the witnessing of a signature or a seal, the electronic signature of the witness—

      • (i) adequately identifies the witness and adequately indicates that the signature or seal has been witnessed; and

      • (ii) is as reliable as is appropriate given the purpose for which, and the circumstances in which, the witness' signature is required.

    (2) A legal requirement for a signature or seal to be witnessed, if that signature or seal relates to information legally required to be given to a person, is met by means of a witness' electronic signature only if that person consents to receiving the witness' electronic signature.