Are eSignatures Legally Binding in New Zealand?

Electronic signatures have been legal in New Zealand since 2002 and are regulated by the Electronic Transactions Act. According to New Zealand law, a written signature is not always required for a contract to be valid. Contracts are deemed valid as long as the parties involved are legally competent and have reached an agreement, whether that agreement is made verbally, on paper, or electronically. Also, the Contracts and Commercial Law Act (CCLA) (2017) confirms that an electronic signature cannot be denied validity or enforceability simply because it is in an electronic format.

Documents that can be signed electronically

Simple electronic signatures (SES) can be used on the following types of documents in New Zealand:

Some real estate documents such as lease agreements
Certain HR documents including employment contracts, benefits paperwork, and other onboarding processes
Commercial agreements between corporate entities such as procurement documents, NDAs, and sales agreements
IP licenses e.g., patent, copyright, and trademark
Some consumer agreements such as new retail account opening documents

Documents that may not be electronically signed

There are some use cases where it is explicitly required that handwritten signatures are used or formal processes are in place that are not compatible with electronic signatures. These include:

Bills of landing
Warrants
Power of attorney and enduring power of attorney
Real property transfer contracts and deeds
Affidavits statutory declarations or other documents provided on oath or affirmation
Transfers of intellectual property
Wills, codicils, or other testamentary instruments

Types of e-signature permitted in New Zealand

New Zealand follows an open-minded technology-neutral approach to electronic signatures, which means the CCLA does not require any specific technology to be used in order for the signature to be legally enforceable. A legally binding electronic signature must simply meet the CCLA requirements below:

The signature identifies the signer
It confirms the signer’s intention to sign and approve the document’s contents
It is appropriately reliable for the purpose and circumstances of the electronic signature

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Contract and Commercial Law Act (2017)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in New Zealand

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