Electronic Transactions Regulations 2003

Reprint
as at 6 June 2008

Crest

Electronic Transactions Regulations 2003

(SR 2003/288)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 20th day of October 2003

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Economic Development.


Pursuant to section 36 of the Electronic Transactions Act 2002, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Electronic Transactions Regulations 2003.

2 Commencement
  • These regulations come into force on 21 November 2003.

3 Prescribed conditions in order to meet legal requirement by electronic means
  • (1) The conditions prescribed in Schedule 1 for each legal requirement that is specified in Schedule 1 must be complied with in order to meet that legal requirement by electronic means.

    (2) The conditions prescribed in Schedule 1 are in addition to any requirement that is specified in the Electronic Transactions Act 2002 itself.

4 Time when legal requirement of disclosure satisfied by electronic communication
  • A legal requirement to make disclosure that is specified in Schedule 2 is treated as satisfied by an electronic communication at the time specified in Schedule 2 for that legal requirement.

5 Meaning of express consent
  • In Schedule 1, express consent means a positive indication of consent that is specific to the matter consented to.

    Example 1

    A person X checks a box to select the option of receiving information in electronic form. X expressly consents to receiving information in that form.

    Example 2

    A person Y fails to check a box to select the option of receiving information in non-electronic form by post. Y does not expressly consent to receiving information in electronic form.

    Example 3

    A person Z signs an agreement that, among its other terms, provides that Z agrees to receiving information in electronic form. Z does not expressly consent to receiving information in that form.

6 Condition relating to requirement that instrument or document be filed or presented under Land Transfer Act 1952
  • (1) An instrument or document, other than an electronic instrument, required to be lodged or filed with the Registrar-General of Land for registration or deposit under the Land Transfer Act 1952 may be lodged or filed by electronic means if it is provided for in an electronic workspace facility approved by the Registrar-General of Land under the section 22 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.

    (2) In subclause (1), electronic instrument has the same meaning as in section 4 of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.

    Regulation 6: added, on 6 June 2008, by regulation 4 of the Electronic Transactions Amendment Regulations 2008 (SR 2008/114).


Schedule 1
Prescribed conditions in order to meet legal requirement by electronic means

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1 Conditions for legal requirement of certificate under Burial and Cremation Act 1964
  • A legal requirement under section 46A of the Burial and Cremation Act 1964 for a signed, written certificate may be met by information that is in electronic form and signed by means of an electronic signature, only if—

    • (a) the means of creating the electronic signature is a digital certificate for authentication of users; and

    • (b) the signatory uses a public key cipher (asymmetric encryption) with a minimum key length of 1024 bits; and

    • (c) any alteration to the information or the electronic signature after the time of signing is detectable.

2 Conditions for legal requirement of written notice under Conservation Act 1987
  • A legal requirement to give written notice under section 26ZZM(2)(b)(ii) of the Conservation Act 1987 may be met by giving the required information in electronic form, whether by means of an electronic communication or otherwise, only if the person to whom the notice must be given—

    • (a) has been given the option of receiving the notice in either electronic or non-electronic form; and

    • (b) has expressly consented to the notice being given in electronic form and, if applicable, by means of an electronic communication.

3 Conditions for legal requirement of disclosure under section 16, section 16A, section 17, or section 18 of Credit Contracts Act 1981
  • A legal requirement under section 16, section 16A, section 17, or section 18 of the Credit Contracts Act 1981 to make disclosure may be met by giving the required information in electronic form, whether by means of an electronic communication or otherwise, only if the person to whom the disclosure must be made—

    • (a) has been given the option of receiving the disclosure in either electronic or non-electronic form; and

    • (b) has expressly consented to the disclosure being made in electronic form and, if applicable, by means of an electronic communication.

4 Conditions for legal requirements to retain records under Inland Revenue Acts
  • (1) A legal requirement under the Inland Revenue Acts to retain a record that is initially in paper or other non-electronic form may be met by retaining an electronic form of the record, only if—

    • (a) the record is readily able to be produced in paper form; and

    • (b) that paper form is a duplicate image of the original paper or other non-electronic form.

    (2) For the purposes of subclause (1), it does not matter that annotations, indexing references, or other additional information are included in the record retained in electronic form, provided that they—

    • (a) do not obscure any of the original information contained in the record; and

    • (b) are distinguishable as additions to the original record.

    (3) A legal requirement under the Inland Revenue Acts to retain a record that is generated in electronic form and is provided to another person in paper or other non-electronic form (for example, an invoice generated electronically and printed for sending to a customer) may be met by retaining the record in its electronic form only.

    (4) Despite subclause (1), if a record is received from a person in both paper or other non-electronic form and in electronic form (for example, a bank statement sent by a bank in paper form, and also provided in electronic form), a legal requirement to retain the record may be met by retaining the record in its electronic form only.

    (5) In this clause, Inland Revenue Acts has the same meaning as in section 3(1) of the Tax Administration Act 1994.

5 Conditions for legal requirement of written notice under section 56G(2)(b)(ii) or section 62(3)(a) of National Parks Act 1980
  • A legal requirement to give written notice under section 56G(2)(b)(ii) or section 62(3)(a) of the National Parks Act 1980 may be met by giving the required information in electronic form, whether by means of an electronic communication or otherwise, only if the person to whom the notice must be given—

    • (a) has been given the option of receiving the notice in either electronic or non-electronic form; and

    • (b) has expressly consented to the notice being given in electronic form and, if applicable, by means of an electronic communication.

Schedule 2
Time when legal requirement of disclosure satisfied by electronic communication

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1 Time when electronic disclosure made under section 22, section 24, or section 24A of Credit Contracts Act 1981
  • For the purposes of section 22, section 24, and section 24A of the Credit Contracts Act 1981, when disclosure is made by sending the disclosure documents to a person by means of an electronic communication, the disclosure is made to that person on the second working day after the day on which the documents were sent.

2 Time when electronic disclosure made under sections 25 to 28 of Credit Contracts Act 1981
  • For the purposes of sections 25 to 28 of the Credit Contracts Act 1981, when disclosure is made by sending the disclosure documents to a person by means of an electronic communication, the disclosure is made to that person on the day on which the documents were sent.

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 October 2003.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Electronic Transactions Regulations 2003. The reprint incorporates all the amendments to the regulations as at 6 June 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)