Electronic signatures have legal effect under the Electronic Transactions Act 2002
Purpose
The purpose of this policy is to provide guidance and certainty in relation tothe use of electronic signatures in OTBNZ correspondence.
Guidance on the term “electronic signature”
Legislation defines electronic signature, in relation to information in electronic form, as a method used to identify a person and to indicate that person's approval of that information.
The term "electronic signature" is intended to be a very broad one, with any information that is intended to be used as a signature being acceptable, provided it meets the requirements below.For the avoidance of any doubt, an electronic signature includes a digital signature.
Legal requirements under the Electronic Transactions Act 2002
The OTBNZ policy is thatan electronic signature, other than the signature of a witness, meets the legal requirement for a signature, provided it:
- adequately identifies the signatory and adequately indicates the signatory’s approval of the information to which the signature relates;
- is reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required;and
- where information which must be given to a person is required to be signed, the recipient must have consented to receiving the electronic signature, rather than a traditional paper-based signature.
There is a presumption that certain electronic signatures are reliable as is appropriate, if the following are satisfied:
- the means for creating the signature is linked to the signatory and no other person;
- the means of creating the electronic signature is only under the control of the signatory;
- any alteration made after the time of signing is detectable; and
- any alteration to the information to which the signature relates made after the time of signing is detectable.
Date approved
04/08/2011
Review date
04/08/2012
Adapted from sections 22 & 24 of the Electronic Transactions Act 2002