Electronic Interactions Reform Act 2017
Public Act  2017 No 50
Date of assent  15 December 2017
Commencement  see section 2
Contents
Page
1 Title 5
2 Commencement 5
Part 1
Enabling electronic applications
Subpart 1—Amendments to Births, Deaths, Marriages, and
Relationships Registration Act 1995
3 Principal Act 6
4 Section 21A amended (Application for registration of name
change)6
5 Section 21B amended (Registration of name change) 6
6 Section 62 amended (Recording new names in relation to
marriages)6
7 Section 62G amended (Recording new names in relation to civil
unions)6
8 Section 82 amended (Registrar-General’s powers of inquiry) 6
9 New section 82A inserted (Registrar-General’s powers of inquiry
in relation to information provided or verified electronically)7
82A Registrar-General’s powers of inquiry in relation to
information provided or verified electronically7
10 Section 87B amended (Registrar-General may issue standard
forms)7
11 Section 88 amended (Regulations) 7
12 Section 89 amended (Offences and penalties) 8
1Subpart 2—Amendments to Civil Union Act 2004
13 Principal Act 8
14 Section 11 amended (Notice of civil union, and statutory
declaration)8
15 Section 32 amended (Offences in connection with false statements
relating to civil union)9
16 Section 34 amended (Registrar-General) 9
17 Schedule 1 amended 9
Subpart 3—Amendments to Marriage Act 1955
18 Principal Act 10
19 Section 9 amended (Approval of organisations) 10
20 Section 10 amended (Marriage celebrants from approved
organisations)10
21 Section 23 amended (Notice of marriage) 11
22 Section 32B amended (Application to become exempt religious
body)11
23 Section 42 amended (Notice of intended marriage outside New
Zealand)12
24 Section 60 amended (Offences in connection with false statements
and improper solemnisation of marriages)12
25 New section 64AA inserted (Registrar-General may specify
manner of application and verification of information)12
64AA Registrar-General may specify manner of application and
verification of information12
Part 2
Enabling use of electronic identity photograph for
identification documents and public registers
26 Principal Act 13
27 Section 4 amended (Principles) 13
28 Section 7 amended (Interpretation) 13
29 Cross-heading above section 16 amended 13
30 New section 20A and cross-heading inserted 13
Use of electronic identity photograph
20A Use of electronic identity photograph by participating
agency13
31 Section 22 amended (Access to photograph) 14
32 Section 44 amended (Chief executive must keep record of usage
history for prescribed period)15
33 Section 46 amended (Chief executive may specify information to
be provided with applications)15Electronic Interactions Reform Act 2017 2017 No 50
234 Section 47 amended (Chief executive may set standards or
specifications for use of electronic identity credentials by
participating agencies)15
35 Section 48 amended (Chief executive may require participating
agencies to report on use of electronic identity credentials)15
36 Section 49 amended (Chief executive may suspend use of
electronic identity credentials by participating agencies)16
37 Section 53 amended (Application of section 54) 16
38 Section 57 amended (Privacy Commissioner may require periodic
reports on operation of Service or of confirmation agreement)16
39 Section 62 amended (Offences relating to improper access and use) 16
40 Section 65 amended (Protection from liability) 16
41 Section 68 amended (When Minister may recommend certain
regulations relating to participating agencies)17
42 Section 71 amended (Regulations relating to fees) 17
43 Section 72 amended (Other regulations) 17
Part 3
Giving evidence and notice by electronic means
Subpart 1—Amendments to Commerce Act 1986
44 Principal Act 17
45 Section 98 amended (Commission may require person to supply
information or documents or give evidence)17
46 Section 102 amended (Service of notices) 18
Subpart 2—Amendments to Companies Act 1993
47 Principal Act 18
48 Section 388 amended (Service of other documents on companies) 18
49 Section 388A amended (Service of other documents on directors) 18
50 Section 390 amended (Service of other documents on overseas
companies)18
Subpart 3—Amendments to Copyright Act 1994
51 Principal Act 19
52 Section 136A amended (Chief executive may suspend accepted
notice)19
53 Section 136B amended (Notice of suspension) 19
54 Section 139 amended (Notice of determination) 19
55 Section 144A amended (Chief executive may require person to
produce documents concerning goods in control of Customs)20
56 Section 144B amended (Chief executive may require person to
appear and answer questions concerning goods in control of
Customs)20
57 Section 217 amended (Service of summons) 212017 No 50 Electronic Interactions Reform Act 2017
3Subpart 4—Amendment to Corporations (Investigation and
Management) Act 1989
58 Principal Act 21
59 Section 37 amended (Miscellaneous provisions relating to notices) 21
Subpart 5—Amendment to Designs Act 1953
60 Principal Act 22
61 Section 48 replaced (Service of notices, etc, by post) 22
48 Service of notices 22
Subpart 6—Amendments to Fair Trading Act 1986
62 Principal Act 22
63 Section 47G amended (Commission may require person to supply
information or documents or give evidence)22
64 Section 47I amended (Service of notices) 23
Subpart 7—Amendments to Financial Advisers Act 2008
65 Principal Act 23
66 Section 110 amended (Serving of summons) 23
Subpart 8—Amendments to Friendly Societies and Credit Unions
Act 1982
67 Principal Act 23
68 Section 26 amended (Amendment of rules by Registrar) 24
Subpart 9—Amendments to Insolvency Act 2006
69 Principal Act 24
70 Section 3 amended (Interpretation) 24
71 Section 143 amended (Bankrupt must give Assignee information
relating to property)24
72 Section 165 amended (Assignee may summon bankrupt and others
to be examined)24
73 Section 223 amended (Means of giving notice to creditors) 25
Subpart 10—Amendment to Patents Act 2013
74 Principal Act 25
75 Section 233 amended (Service of notices (other than those given to
or by Commissioner))25
Subpart 11—Amendments to Trade Marks Act 2002
76 Principal Act 25
77 Section 139A amended (Chief executive may suspend accepted
notice)25
78 Section 139B amended (Notice of suspension) 25
79 Section 155B amended (Chief executive may require person to
produce documents concerning goods in control of Customs)26Electronic Interactions Reform Act 2017 2017 No 50
480 Section 155C amended (Chief executive may require person to
appear and answer questions concerning goods in control of
Customs)26
81 Section 197 amended (Method of service of notices) 26
Part 4
Enabling electronic licences and electronic voting
Subpart 1—Amendments to Conservation Act 1987
82 Principal Act 27
83 Sections 26N and 26O and cross-heading repealed 27
84 Section 26Z amended (Conduct of elections) 27
Subpart 2—Amendments to Wildlife Act 1953
85 Principal Act 27
86 Section 2 amended (Interpretation) 27
87 Section 8 amended (Alteration of schedules) 28
88 Section 16 amended (Notification as to conditions on which open
season is declared)28
89 Section 19 amended (Licence to hunt or kill game) 28
90 Section 19A amended (Game bird habitat stamp) 28
91 Section 21 amended (Holder of licence not to enter on land without
consent)28
92 Section 44D amended (Functions of Board) 28
93 Section 61 amended (Person in pursuit of wildlife to comply with
demand by authorised officer)28
94 Section 67E amended (Penalties for offences in respect of game) 29
95 Section 72 amended (Regulations) 29
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Electronic Interactions Reform Act 2017.
2 Commencement
This Act comes into force on the day after the date on which it receives the
Royal assent.2017 No 50 Electronic Interactions Reform Act 2017 s 2
5Part 1
Enabling electronic applications
Subpart 1—Amendments to Births, Deaths, Marriages, and Relationships
Registration Act 1995
3 Principal Act
This subpart amends the Births, Deaths, Marriages, and Relationships Registra-
tion Act 1995 (the principal Act ).
4 Section 21A amended (Application for registration of name change)
(1) In section 21A(2)(c), replace “deposit 1 of the following with ” with “provide
one of the following to”.
(2) Replace section 21A(2)(c)(i) with:
(i) a statement made, in accordance with subsection (3), by an eli-
gible person or the guardian of an eligible person (accompanied
by the eligible person’s written consent if the eligible person is 16
years of age or older and the application was made by the eligible
person’s guardian) and verified —
(A) electronically in a prescribed manner ( see also  section
82A); or
(B) by statutory declaration; or
(3) In section 21A(3), replace “statutory declaration” with “verified statement”.
(4) In section 21A(3A), replace “the statutory declaration referred to in subsection
(2)(c)(i)”  with “a statutory declaration referred to in subsection (2)(c)(i)(B) or
section 82A(2)”.
5 Section 21B amended (Registration of name change)
In section 21B(1), replace “deposited with” with “provided to”.
6 Section 62 amended (Recording new names in relation to marriages)
In section 62(3), replace “statutory declaration, deed poll, or copy of the deed
poll concerned is deposited ” with “ verified statement, deed poll, or copy of the
deed poll concerned is provided”.
7 Section 62G amended (Recording new names in relation to civil unions)
In section 62G(3), replace “statutory declaration is deposited ” with “verified
statement is provided”.
8 Section 82 amended (Registrar-General’s powers of inquiry)
In the heading to section 82, after “inquiry ”, insert “in relation to registrable
events ”.Part 1 s 3 Electronic Interactions Reform Act 2017 2017 No 50
69 New section 82A inserted (Registrar-General’s powers of inquiry in
relation to information provided or verified electronically)
After section 82, insert:
82A Registrar-General’s powers of inquiry in relation to information provided
or verified electronically
(1) The Registrar-General may, if he or she considers it reasonably necessary for
the purposes of this Act, the Marriage Act 1955, or the Civil Union Act 2004,
make inquiries to satisfy himself or herself that —
(a) any information verified electronically under section 21A of this Act,
section 11 or Schedule 1 of the Civil Union Act 2004, or section 9, 10,
23, 32B, or 42 of the Marriage Act 1955 is true; or
(b) an application, statement, or certificate approved electronically under
clause 1 of Schedule 1 of the Civil Union Act 2004 or section 9, 10, or
32B of the Marriage Act 1955 is approved by the required persons.
(2) The Registrar-General may also require a person who verifies a statement elec-
tronically under section 21A(2)(c)(i) to make a statutory declaration in support
of the statement.
(3) The Registrar-General may also require a person who verifies information elec-
tronically under clause 1 of Schedule 1 of the Civil Union Act 2004 or section
9, 10, or 32B of the Marriage Act 1955 to make a statutory declaration in sup-
port of the information.
(4) The Registrar-General may also require a person who verifies information elec-
tronically under section 11 of the Civil Union Act 2004 or section 23 or 42 of
the Marriage Act 1955 to appear personally before a Registrar to make a statu-
tory declaration in support of the information.
(5) The Registrar-General may delegate his or her powers under this section to 1 or
more Registrars.
10 Section 87B amended (Registrar-General may issue standard forms)
In section 87B(1), after “forms”, insert “(including electronic forms)”.
11 Section 88 amended (Regulations)
After section 88(1)(ad), insert:
(ae) prescribing, for the purposes of section 21A(2)(c)(i) , the manner in
which information may be verified electronically, including prescrib-
ing—
(i) when and how the information must be verified:
(ii) what evidence must be provided to verify the information:
(iii) requirements with which evidence must comply:2017 No 50 Electronic Interactions Reform Act 2017 Part 1 s 11
712 Section 89 amended (Offences and penalties)
(1) After section 89(1)(h), insert:
(i) for the purpose of applying for registration of a name change under sec-
tion 21A, verifies a statement that the person knows to be false and that
the person intends to be misleading.
(2) After section 89(2A), insert:
(2B) A person who commits an offence against subsection (1)(i) is liable, on convic-
tion, to a term of imprisonment not exceeding 3 years.
Subpart 2—Amendments to Civil Union Act 2004
13 Principal Act
This subpart amends the Civil Union Act 2004 (the principal Act ).
14 Section 11 amended (Notice of civil union, and statutory declaration)
(1) In the heading to section 11, delete “ , and statutory declaration ”.
(2) In section 11(1), replace “appear personally before the Registrar and give no-
tice in the prescribed form of the intended civil union ” with “ give notice to the
Registrar of the intended civil union in a manner specified by the Registrar-
General”.
(3) Replace section 11(2) with:
(2) The person giving notice must verify that —
(a) the particulars in the notice are true; and
(b) the person believes that the parties are not within the prohibited degrees
of civil union or, if they are, an order has been made under section 10
dispensing with the prohibition; and
(c) there is no other lawful impediment to the intended civil union.
(2A) The information in subsection (2) may be verified —
(a) electronically in a manner specified by the Registrar-General ( see also
section 82A of the Births, Deaths, Marriages, and Relationships Regis-
tration Act 1995); or
(b) by the person giving notice appearing personally before the Registrar
and making a statutory declaration.
(4) In section 11(3), replace “this section” with “subsections (1) and (2A)(b)”.
(5) In section 11(3)(a), replace “posts the notice in the prescribed form to the
Registrar”  with “gives notice to the Registrar of the intended civil union in a
manner specified by the Registrar-General”.Part 1 s 12 Electronic Interactions Reform Act 2017 2017 No 50
815 Section 32 amended (Offences in connection with false statements relating
to civil union)
In section 32(a), after “declaration”, insert “or verification”.
16 Section 34 amended (Registrar-General)
In section 34, insert as subsections (2) and (3):
(2) The Registrar-General may specify —
(a) the manner in which a notice may be given for the purposes of section 11
or an application may be made for the purposes of Schedule 1, including
specifying —
(i) when and how a notice may be given or an application may be
made; and
(ii) forms (including electronic forms) requiring information or set-
ting out information that must be provided in the notice or appli-
cation; and
(iii) requirements in connection with the use of specified forms; and
(b) the manner in which information may be verified electronically for the
purposes of section 11 and Schedule 1, including specifying —
(i) when and how information may be verified; and
(ii) what evidence must be provided to verify the information; and
(iii) requirements with which evidence must comply.
(3) Information required by a form specified under subsection (2)(a)(ii) must be re-
quired by this Act or prescribed by regulations.
17 Schedule 1 amended
(1) In Schedule 1, clause 1(1), replace “the prescribed form” with “a manner speci-
fied by the Registrar-General”.
(2) In Schedule 1, clause 1(2)(e), after “union”, insert “; and”.
(3) In Schedule 1, after clause 1(2)(e), insert:
(f) any prescribed information.
(4) In Schedule 1, replace clause 1(3) with:
(3) The application must be —
(a) signed by at least 10 members of the body who are of or over the age of
16, each of whom must state his or her age and address; or
(b) approved electronically by, or on behalf of, at least 10 members of the
body who are of or over the age of 16 in a manner specified by the
Registrar-General ( see also  section 82A of the Births, Deaths, Mar-
riages, and Relationships Registration Act 1995).2017 No 50 Electronic Interactions Reform Act 2017 Part 1 s 17
9(3A) A person who is not a member of the organisation must verify, either electron-
ically in a manner specified by the Registrar-General or by statutory declar-
ation, that the signatories to an application signed under subsection (3)(a) are
who they claim to be and are members of the body ( see also  section 82A of the
Births, Deaths, Marriages, and Relationships Registration Act 1995).
Subpart 3—Amendments to Marriage Act 1955
18 Principal Act
This subpart amends the Marriage Act 1955 (the principal Act ).
19 Section 9 amended (Approval of organisations)
Replace section 9(2) and (3) with:
(2) The application must be accompanied by a statement setting out —
(a) the objects and beliefs of the organisation; and
(b) the number or, if that cannot be accurately ascertained, the approximate
number of members of the organisation who are of or over the age of 18
years.
(2A) The statement must be —
(a) signed by the persons specified in subsection (2B), each of whom must
state his or her age and address; or
(b) approved electronically by, or on behalf of, the persons specified in sub-
section (2B) in a manner specified by the Registrar-General ( see also
section 82A of the Births, Deaths, Marriages, and Relationships Regis-
tration Act 1995).
(2B) The persons are —
(a) the chief office bearer and at least 10 members of the organisation who
are of or over the age of 18; or
(b) in the case of an organisation whose constitution or tenets do not recog-
nise a chief office bearer, at least 10 members of the organisation who
are of or over the age of 18.
(3) Another person must verify, either electronically in a manner specified by the
Registrar-General or by statutory declaration, that the signatories to a statement
signed under subsection (2A)(a) are who they claim to be and are members of
the organisation ( see also  section 82A of the Births, Deaths, Marriages, and
Relationships Registration Act 1995).
20 Section 10 amended (Marriage celebrants from approved organisations)
Replace section 10(2) with:
(2) The certificate must be made or signed in the same manner as a statement
under section 9(2A) to (3).Part 1 s 18 Electronic Interactions Reform Act 2017 2017 No 50
1021 Section 23 amended (Notice of marriage)
(1) In section 23(1), replace “in the prescribed form to a Registrar ” with “to a
Registrar in a manner specified by the Registrar-General”.
(2) Replace section 23(2) and (3) with:
(2) The person giving notice must verify that —
(a) the particulars in the notice are true; and
(b) he or she believes that the intended marriage is not prohibited by section
15; and
(c) there is no other lawful impediment to the intended marriage.
(2A) The information in subsection (2) may be verified —
(a) electronically in a manner specified by the Registrar-General ( see also
section 82A of the Births, Deaths, Marriages, and Relationships Regis-
tration Act 1995); or
(b) by the person giving notice appearing personally before the Registrar
and making a statutory declaration.
(3) However, if the 2 parties to an intended marriage are ordinarily resident outside
New Zealand, the requirements of subsection (1) and (2A)(b) are satisfied if —
(a) one of the parties gives notice to the Registrar in a manner specified by
the Registrar-General; and
(b) the Registrar is satisfied that one of the parties has made a statutory dec-
laration as to the matters in subsection (2)(a) to (c).
22 Section 32B amended (Application to become exempt religious body)
(1) In section 32B(2)(a), delete “signed by the chief office bearer and 10 members
of the religious body”.
(2) Replace section 32B(3) and (4) with:
(3) The statement referred to in subsection (2)(a) must be —
(a) signed by the persons specified in subsection (4), each of whom must
state his or her age and address; or
(b) approved electronically by, or on behalf of, the persons specified in sub-
section (4) in a manner specified by the Registrar-General ( see also  sec-
tion 82A of the Births, Deaths, Marriages, and Relationships Registra-
tion Act 1995).
(4) The persons are —
(a) the chief office bearer and at least 10 members of the religious body who
are of or over the age of 18; or
(b) in the case of a religious body whose rules and procedures or tenets do
not recognise a chief office bearer, at least 10 members of the organisa-
tion who are of or over the age of 18.2017 No 50 Electronic Interactions Reform Act 2017 Part 1 s 22
11(5) Another person must verify, either electronically in a manner specified by the
Registrar-General or by statutory declaration, that the signatories to an applica-
tion signed under subsection (3)(a) are who they claim to be and are members
of the body ( see also  section 82A of the Births, Deaths, Marriages, and Rela-
tionships Registration Act 1995).
23 Section 42 amended (Notice of intended marriage outside New Zealand)
(1) In section 42(1) , replace “the prescribed form ” with “ a manner specified by the
Registrar-General”.
(2) Replace section 42(2) with:
(2) The person giving notice must verify that —
(a) the particulars in the notice are true; and
(b) he or she believes the intended marriage is not prohibited by Schedule 2;
and
(c) there is no other lawful impediment to the intended marriage.
(2A) The information in subsection (2) may be verified —
(a) electronically in a manner specified by the Registrar-General ( see also
section 82A of the Births, Deaths, Marriages, and Relationships Regis-
tration Act 1995); or
(b) by the person giving notice appearing personally before the Registrar
and making a statutory declaration.
24 Section 60 amended (Offences in connection with false statements and
improper solemnisation of marriages)
In section 60(a), after “declaration”, insert “or verification”.
25 New section 64AA inserted (Registrar-General may specify manner of
application and verification of information)
After section 64, insert:
64AA Registrar-General may specify manner of application and verification of
information
(1) The Registrar-General may specify —
(a) the manner in which a notice may be given for the purposes of sections
23 and 42, including specifying —
(i) when, where, and how the notice may be given; and
(ii) forms (including electronic forms) requiring information or set-
ting out information that must be provided in the notice; and
(iii) requirements in connection with the use of specified forms; and
(b) the manner in which information may be verified electronically for the
purposes of sections 9, 10, 23, 32B, and 42, including specifying —Part 1 s 23 Electronic Interactions Reform Act 2017 2017 No 50
12(i) when and how information must be verified; and
(ii) what evidence must be provided to verify the information; and
(iii) requirements with which evidence must comply.
(2) Information required by a form specified under subsection (1)(a)(ii) must be
prescribed by regulations.
Part 2
Enabling use of electronic identity photograph for identification
documents and public registers
26 Principal Act
This Part amends the Electronic Identity Verification Act 2012 (the principal
Act).
27 Section 4 amended (Principles)
In section 4(1)(f), after “credential”, insert “or electronic identity photograph”.
28 Section 7 amended (Interpretation)
(1) In section 7, insert in its appropriate alphabetical order:
electronic identity photograph  means a photograph of an individual that is
either or both of the following:
(a) stored or recorded in or on the Service database:
(b) supplied to a participating agency under section 20A
(2) In section 7, definition of record of usage history , after “credential” , insert
“and each electronic identity photograph”.
(3) In section 7, definition of usage history , paragraphs (a) and (b), after “creden-
tial”, insert “or electronic identity photograph”.
29 Cross-heading above section 16 amended
In the cross-heading above section 16, after “ Use”, insert “ of electronic identity
credential ”.
30 New section 20A and cross-heading inserted
After section 20, insert:
Use of electronic identity photograph
20A Use of electronic identity photograph by participating agency
(1) A person who has access to an individual’s electronic identity photograph
under section 22(1)(b) may supply the photograph to a participating agency
only if —2017 No 50 Electronic Interactions Reform Act 2017 Part 2 s 30
13(a) the individual who is the subject of the photograph —
(i) has a current electronic identity credential; and
(ii) consents to the supply of the photograph; and
(b) the photograph is the photograph most recently provided by, or on behalf
of, the individual to the Service in accordance with requirements speci-
fied by the chief executive under section 46; and
(c) the participating agency requests the photograph for 1 or more of the fol-
lowing purposes:
(i) to issue an identification document to the individual with the
photograph on it:
(ii) to issue an electronic licence or a means of identification to the in-
dividual that displays the photograph electronically (for example,
in a mobile application):
(iii) to display the photograph in a public register on which the indi-
vidual is registered:
(iv) to compare the photograph with a photograph held by the partici-
pating agency (the participating agency’s photograph ) in order
to verify the participating agency’s photograph for 1 or more of
the purposes in paragraphs (i) to (iii):
(v) any other purpose permitted by Order in Council made under this
Act; and
(d) the participating agency has paid or has made arrangements to pay any
fees or charges prescribed by regulations made under this Act or set by
an agreement referred to in section 71(4)(a)(ii) or (b)(ii).
(2) A photograph supplied under subsection (1) must be accompanied by the tech-
nical code for the individual’s electronic identity.
(3) A participating agency that is supplied with a photograph under subsection (1)
may use the photograph only for a purpose described in subsection (1)(c) to
which the individual consents.
(4) For the purposes of this section, an identification document  means any of the
following:
(a) a passport:
(b) an identification card:
(c) a licence:
(d) a document that evidences the individual’s identity.
31 Section 22 amended (Access to photograph)
(1) In the heading to section 22, after “ to”, insert “ electronic identity ”.Part 2 s 31 Electronic Interactions Reform Act 2017 2017 No 50
14(2) In section 22(1), replace “a photograph of any individual stored in the Service
database” with “an electronic identity photograph of an individual”.
(3) In section 22(2), replace “a photograph ” with “an electronic identity photo-
graph”.
32 Section 44 amended (Chief executive must keep record of usage history for
prescribed period)
(1) In section 44(1), after “or otherwise) ”, insert “and each electronic identity
photograph (whether or not the subject of the photograph has a current elec-
tronic identity credential)”.
(2) Replace section 44(2)(a) with:
(a) must include, subject to subsection (3), information about which partici-
pating agencies have done either or both of the following:
(i) used an individual’s electronic identity credential to verify the
identity of the individual:
(ii) used an electronic identity photograph for a purpose described in
section 20A(1)(c); and
(3) In section 44(2)(c), after “credential” , insert “or electronic identity photo-
graph”.
33 Section 46 amended (Chief executive may specify information to be
provided with applications)
Replace section 46(4) with:
(4) The evidence of identity requirements may include —
(a) a requirement that every applicant submit, or allow the Service to take, a
photograph of the applicant:
(b) requirements in connection with photographs.
34 Section 47 amended (Chief executive may set standards or specifications
for use of electronic identity credentials by participating agencies)
(1) In the heading to section 47 , after “credentials ”, insert “and electronic identi-
ty photographs ”.
(2) In section 47(1), after “credentials”, insert “or electronic identity photographs”.
35 Section 48 amended (Chief executive may require participating agencies to
report on use of electronic identity credentials)
(1) In the heading to section 48, after “credentials ”, insert “or electronic identity
photographs ”.
(2) In section 48(1), after “credentials”, insert “or electronic identity photographs”.
(3) After section 48(2)(b), insert:2017 No 50 Electronic Interactions Reform Act 2017 Part 2 s 35
15(ba) the numbers and types of applicable transactions or services for which
electronic identity photographs are used:
36 Section 49 amended (Chief executive may suspend use of electronic
identity credentials by participating agencies)
(1) In the heading to section 49, after “credentials ”, insert “or electronic identity
photographs ”.
(2) In section 49(1), after “suspend the use of electronic identity credentials ”, in-
sert “or electronic identity photographs (or both)”.
(3) In section 49(1)(b), after “misuse of electronic identity credentials ”, insert “or
electronic identity photographs (or both)”.
37 Section 53 amended (Application of section 54)
In section 53(j), after “credentials” , insert “or electronic identity photographs
(or both)”.
38 Section 57 amended (Privacy Commissioner may require periodic reports
on operation of Service or of confirmation agreement)
In section 57(2)(c), after “credentials” , insert “or electronic identity photo-
graphs”.
39 Section 62 amended (Offences relating to improper access and use)
(1) After section 62(1)(a)(iii), insert:
(iv) a photograph of the individual; or
(2) After section 62(3), insert:
(3A) A person commits an offence if the person knowingly uses an individual’s elec-
tronic identity photograph —
(a) for a purpose described in section 20A(1)(c) without the individual’s
consent; or
(b) for a purpose other than a purpose described in section 20A(1)(c) (with
or without the individual’s consent).
(3B) A person other than a participating agency commits an offence if the person —
(a) knowingly uses an electronic identity photograph in relation to any
transaction or service (whether the transaction or service is offered on-
line or not); and
(b) is not the subject of the photograph.
40 Section 65 amended (Protection from liability)
Replace section 65(3) with:Part 2 s 36 Electronic Interactions Reform Act 2017 2017 No 50
16(3) There is no cause of action against the Crown or a Minister of the Crown, or
against any other person, to recover damages for any loss or damage that is due
directly or indirectly to —
(a) the use of an electronic identity credential to verify an individual’s iden-
tity; or
(b) the use of an electronic identity photograph for a purpose described in
section 20A(1)(c).
41 Section 68 amended (When Minister may recommend certain regulations
relating to participating agencies)
In section 68(b), after “credentials”, insert “or electronic identity photographs”.
42 Section 71 amended (Regulations relating to fees)
In section 71(4)(a)(i), after “section 18 ”, insert “or electronic identity photo-
graphs under section 20A”.
43 Section 72 amended (Other regulations)
After section 72(b), insert:
(ba) specifying any other purposes for which the Service may supply elec-
tronic identity photographs to a participating agency under section 20A:
Part 3
Giving evidence and notice by electronic means
Subpart 1—Amendments to Commerce Act 1986
44 Principal Act
This subpart amends the Commerce Act 1986 (the principal Act ).
45 Section 98 amended (Commission may require person to supply
information or documents or give evidence)
After section 98(2), insert:
(3) A person may appear before the Commission under subsection (1)(c) by audio
link or audiovisual link if the Commission and the person agree.
(4) In this section, —
audio link  means facilities (for example, telephone facilities) that enable audio
communication between the Commission and a person when either or both of
them are not physically present at the place specified in the notice
audiovisual link  means facilities that enable audio and visual communication
between the Commission and a person when either or both of them are not
physically present at the place specified in the notice.2017 No 50 Electronic Interactions Reform Act 2017 Part 3 s 45
1746 Section 102 amended (Service of notices)
Replace section 102(1) and (2) with:
(1) A notice or any other document required or authorised to be served on or given
to a person for the purposes of this Act may be served or given by —
(a) delivering it to the person; or
(b) leaving it at the person’s usual or last known place of residence or busi-
ness or at the address specified by the person in any notice, application,
or other document given to the Commission under this Act; or
(c) sending it by post to the person’s usual or last known place of residence
or business or to the address specified by the person in any notice, appli-
cation, or other document given to the Commission under this Act; or
(d) emailing it to the person at an email address that is used by the person.
(2) A notice or any other document that is sent to a person by a service that records
delivery must, in the absence of proof to the contrary, be treated as received by
the person when it would have been delivered in the ordinary course of busi-
ness for that service, and, in proving the delivery, it is sufficient to prove that
the document was properly addressed and provided to the service.
(2A) In the absence of proof to the contrary, a notice or any other document that is
emailed to a person must be treated as received by the person on the second
working day after the date on which it is emailed, and, in proving that the
document was emailed, it is sufficient to prove that the document was properly
addressed and sent to the email address.
Subpart 2—Amendments to Companies Act 1993
47 Principal Act
This subpart amends the Companies Act 1993 (the principal Act ).
48 Section 388 amended (Service of other documents on companies)
In section 388(1)(d), replace “sending it by email to an electronic address” with
“emailing it to the company at an email address that is”.
49 Section 388A amended (Service of other documents on directors)
(1) In section 388A(f), replace “sending it by email to an electronic address ” with
“emailing it to the director at an email address that is”.
(2) In section 388A(g), replace “sending it by email to an electronic address ” with
“emailing it to the company at an email address that is”.
50 Section 390 amended (Service of other documents on overseas companies)
(1) In section 390(1)(c), after “company”, insert “; or”.
(2) After section 390(1)(c), insert:Part 3 s 46 Electronic Interactions Reform Act 2017 2017 No 50
18(d) by emailing it to the overseas company at an email address that is used
by the overseas company.
Subpart 3—Amendments to Copyright Act 1994
51 Principal Act
This subpart amends the Copyright Act 1994 (the principal Act ).
52 Section 136A amended (Chief executive may suspend accepted notice)
(1) In section 136A(3)(b), after “executive”, insert “; or”.
(2) After section 136A(3)(b), insert:
(c) by emailing it to the person at an email address that is used by the per-
son.
(3) After section 136A(3), insert:
(4) In the absence of proof to the contrary, written advice that is emailed to a per-
son must be treated as received by the person on the second working day after
the date on which it is emailed, and, in proving that the advice was emailed, it
is sufficient to prove that the advice was properly addressed and sent to the
email address.
53 Section 136B amended (Notice of suspension)
(1) In section 136B(2)(b), after “executive”, insert “; or”.
(2) After section 136B(2)(b), insert:
(c) by emailing it to the person at an email address that is used by the per-
son.
(3) After section 136B(2), insert:
(3) In the absence of proof to the contrary, a notice of suspension that is emailed to
a person must be treated as received by the person on the second working day
after the date on which it is emailed, and, in proving that the notice was
emailed, it is sufficient to prove that the notice was properly addressed and sent
to the email address.
54 Section 139 amended (Notice of determination)
(1) Replace section 139(2)(b) and (c) with:
(b) by posting it to the last known address of the claimant or other person; or
(c) by faxing it to the last known fax number of the claimant or other per-
son; or
(d) by emailing it to the claimant or other person at an email address that is
used by the claimant or other person.
(2) After section 139(2), insert:2017 No 50 Electronic Interactions Reform Act 2017 Part 3 s 54
19(2A) A notice that is posted to a claimant or any other person must be treated as
served on the claimant or other person at the time when it would have been de-
livered in the ordinary course of post, and, in proving the delivery, —
(a) it is sufficient to prove that the letter was properly addressed and posted;
and
(b) in the absence of proof to the contrary, the notice must be treated as hav-
ing been posted on the day on which it was dated.
(2B) A notice that is faxed to a claimant or any other person must, in the absence of
proof to the contrary, be treated as served on the claimant or other person on
the day after the date on which it is faxed, and, in proving that it was faxed, it
is sufficient to prove that a fax machine generated a record of the transmission
of the notice to the fax number.
(2C) In the absence of proof to the contrary, a notice that is emailed to a claimant or
any other person must be treated as served on the claimant or other person on
the second working day after the date on which it is emailed, and, in proving
that the notice was emailed, it is sufficient to prove that the notice was properly
addressed and sent to the email address.
55 Section 144A amended (Chief executive may require person to produce
documents concerning goods in control of Customs)
(1) In section 144A(2)(d)(iv), after “to that person”, insert “; or”.
(2) After section 144A(2)(d)(iv), insert:
(v) emailing it to the person at an email address that is used by the
person.
(3) After section 144A(2), insert:
(2A) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as served on the person on the second working day after the date on
which it is emailed, and, in proving that the notice was emailed, it is sufficient
to prove that the notice was properly addressed and sent to the email address.
56 Section 144B amended (Chief executive may require person to appear and
answer questions concerning goods in control of Customs)
(1) In section 144B(2)(d)(iv), after “to that person”, insert “; or”.
(2) After section 144B(2)(d)(iv), insert:
(v) emailing it to the person at an email address that is used by the
person.
(3) After section 144B(2), insert:
(3) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as served on the person on the second working day after the date on
which it is emailed, and, in proving that the notice was emailed, it is sufficient
to prove that the notice was properly addressed and sent to the email address.Part 3 s 55 Electronic Interactions Reform Act 2017 2017 No 50
2057 Section 217 amended (Service of summons)
(1) Replace section 217(1)(b) with:
(b) by sending it to the person summoned, at that person’s usual place of
residence, by a service that records delivery; or
(c) by emailing it to the person summoned at an email address that is used
by that person.
(2) In section 217(2)(b), after “subsection (1)(b)”, insert “or (c)”.
(3) Replace section 217(3) with:
(3) A summons sent to a person in accordance with subsection (1)(b) must be
treated as served on the person at the time when it would have been delivered
in the ordinary course of business for the service it was sent by.
(4) In the absence of proof to the contrary, a summons emailed to a person in ac-
cordance with subsection (1)(c) must be treated as served on the person on the
second working day after the date on which it is emailed, and, in proving that
the summons was emailed, it is sufficient to prove that the summons was prop-
erly addressed and sent to the email address.
Subpart 4—Amendment to Corporations (Investigation and
Management) Act 1989
58 Principal Act
This subpart amends the Corporations (Investigation and Management) Act
1989 (the principal Act ).
59 Section 37 amended (Miscellaneous provisions relating to notices)
Replace section 37(1) with:
(1) A notice may be given to a corporation (under section 30) or an associated per-
son (under section 31(2)) by —
(a) delivering it to the head office, registered office, or principal place of
business in New Zealand of the corporation or associated person (as the
case may be); or
(b) emailing it to the corporation or associated person at an email address
that is used by the corporation or associated person.
(1A) In the absence of proof to the contrary, a notice that is emailed to a corporation
or an associated person must be treated as received by the corporation or asso-
ciated person on the second working day after the date on which it is emailed,
and, in proving that the notice was emailed, it is sufficient to prove that it was
properly addressed and sent to the email address.2017 No 50 Electronic Interactions Reform Act 2017 Part 3 s 59
21Subpart 5—Amendment to Designs Act 1953
60 Principal Act
This subpart amends the Designs Act 1953 (the principal Act ).
61 Section 48 replaced (Service of notices, etc, by post)
Replace section 48 with:
48 Service of notices
(1) A notice, an application, or any other document may be given to, made to, or
filed with a person by —
(a) sending it by post addressed to the person at the person’s usual or last
known address; or
(b) emailing it to the person at an email address that is used by the person.
(2) A notice posted to a person by the Commissioner must be treated as received
by the person when it would have been delivered in the ordinary course of post.
(3) In the absence of proof to the contrary, a notice emailed to a person by the
Commissioner must be treated as received by the person on the second working
day after the date on which it is emailed, and, in proving that the notice was
emailed, it is sufficient to prove that it was properly addressed and sent to the
email address.
Subpart 6—Amendments to Fair Trading Act 1986
62 Principal Act
This subpart amends the Fair Trading Act 1986 (the principal Act ).
63 Section 47G amended (Commission may require person to supply
information or documents or give evidence)
(1) After section 47G(1), insert:
(1A) A person may appear before the Commission under subsection (1)(c) by audio
link or audiovisual link if the Commission and the person agree.
(2) After section 47G(5), insert:
(6) In this section, —
audio link  means facilities (for example, telephone facilities) that enable audio
communication between the Commission and a person when either or both of
them are not physically present at the place specified in the notice
audiovisual link  means facilities that enable audio and visual communication
between the Commission and a person when either or both of them are not
physically present at the place specified in the notice.Part 3 s 60 Electronic Interactions Reform Act 2017 2017 No 50
2264 Section 47I amended (Service of notices)
(1) In section 47I(1)(c), after “address”, insert “; or”.
(2) After section 47I(1)(c), insert:
(d) emailing it to the person at an email address that is used by the person.
(3) In section 47I(2), replace “registered letter ” with “a service that records deliv-
ery”.
(4) In section 47I(2)(a), replace “post” with “business for that service”.
(5) In section 47(2)(b), replace “letter was properly addressed and posted ” with
“notice was properly addressed and provided to the service”.
(6) After section 47I(2), insert:
(2A) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as received by the person on the second working day after the date
on which it is emailed, and, in proving that the notice was emailed, it is suffi-
cient to prove that the notice was properly addressed and sent to the email ad-
dress.
Subpart 7—Amendments to Financial Advisers Act 2008
65 Principal Act
This subpart amends the Financial Advisers Act 2008 (the principal Act ).
66 Section 110 amended (Serving of summons)
(1) In section 110(1)(b), after “residence”, insert “; or”.
(2) After section 110(1)(b), insert:
(c) by emailing it to the person summoned at an email address that is used
by the person summoned.
(3) In section 110(2)(b), after “subsection (1)(b)”, insert “or (c)”.
(4) After section 110(3), insert:
(4) In the absence of proof to the contrary, a summons that is emailed to a person
must be treated as served on the person on the second working day after the
date on which it is emailed, and, in proving that the summons was emailed, it is
sufficient to prove that the summons was properly addressed and sent to the
email address.
Subpart 8—Amendments to Friendly Societies and Credit Unions Act
1982
67 Principal Act
This subpart amends the Friendly Societies and Credit Unions Act 1982 (the
principal Act ).2017 No 50 Electronic Interactions Reform Act 2017 Part 3 s 67
2368 Section 26 amended (Amendment of rules by Registrar)
(1) In section 26(1) , replace “writing served personally or by post upon the society
or branch, require it” with “writing, require the society or branch”.
(2) After section 26(1), insert:
(1A) A notice under this section may be served on a society or branch by —
(a) delivering it personally to the society or branch; or
(b) sending it by post to the usual or last known address of the society or
branch; or
(c) emailing it to the society or branch at an email address that is used by
the society or branch.
(1B) In the absence of proof to the contrary, a notice that is emailed to a society or
branch must be treated as served on the society or branch on the second work-
ing day after the date on which it is emailed, and, in proving that the notice was
emailed, it is sufficient to prove that the notice was properly addressed and sent
to the email address.
Subpart 9—Amendments to Insolvency Act 2006
69 Principal Act
This subpart amends the Insolvency Act 2006 (the principal Act ).
70 Section 3 amended (Interpretation)
In section 3, insert in their appropriate alphabetical order:
audio link  means facilities (for example, telephone facilities) that enable audio
communication between people in different places
audiovisual link  means facilities that enable both audio and visual communi-
cation between people in different places
71 Section 143 amended (Bankrupt must give Assignee information relating
to property)
In section 143, insert as subsection (2):
(2) The bankrupt may attend before the Assignee for the purposes of subsection
(1)(c) by audio link or audiovisual link if the Assignee and the bankrupt agree.
72 Section 165 amended (Assignee may summon bankrupt and others to be
examined)
After section 165(1), insert:
(1A) A person who is summoned by the Assignee for examination may appear be-
fore the Assignee by audio link or audiovisual link if the Assignee and the per-
son agree.Part 3 s 68 Electronic Interactions Reform Act 2017 2017 No 50
2473 Section 223 amended (Means of giving notice to creditors)
(1) In section 223(a)(iii), after “documents by facsimile”, insert “; or”.
(2) After section 223(a)(iii), insert:
(iv) emailed to the person at an email address that is used by that per-
son:
(3) In section 223, insert as subsection (2):
(2) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as received by the person on the second working day after the date
on which it is emailed, and, in proving that the notice was emailed, it is suffi-
cient to prove that the notice was properly addressed and sent to the email ad-
dress.
Subpart 10—Amendment to Patents Act 2013
74 Principal Act
This subpart amends the Patents Act 2013 (the principal Act ).
75 Section 233 amended (Service of notices (other than those given to or by
Commissioner))
In section 233(2), replace “not later than 2 days after the date ” with “on the
second working day after the date”.
Subpart 11—Amendments to Trade Marks Act 2002
76 Principal Act
This subpart amends the Trade Marks Act 2002 (the principal Act ).
77 Section 139A amended (Chief executive may suspend accepted notice)
(1) In section 139A(3)(b), after “executive”, insert “; or”.
(2) After section 139A(3)(b), insert:
(c) by emailing it to the person at an email address that is used by the per-
son.
(3) After section 139A(3), insert:
(4) In the absence of proof to the contrary, written advice that is emailed to a per-
son must be treated as received by the person on the second working day after
the date on which it is emailed, and, in proving that the advice was emailed, it
is sufficient to prove that the advice was properly addressed and sent to the
email address.
78 Section 139B amended (Notice of suspension)
(1) In section 139B(2)(b), after “executive”, insert “; or”.
(2) After section 139B(2)(b), insert:2017 No 50 Electronic Interactions Reform Act 2017 Part 3 s 78
25(c) by emailing it to the person at an email address that is used by the per-
son.
(3) After section 139B(2), insert:
(3) In the absence of proof to the contrary, a notice of suspension that is emailed to
a person must be treated as received by the person on the second working day
after the date on which it is emailed, and, in proving that the notice was
emailed, it is sufficient to prove that the notice was properly addressed and sent
to the email address.
79 Section 155B amended (Chief executive may require person to produce
documents concerning goods in control of Customs)
(1) In section 155B(2)(d)(iv), after “to that person”, insert “; or”.
(2) After section 155B(2)(d)(iv), insert:
(v) by emailing it to the person at an email address that is used by the
person.
(3) After section 155B(2), insert:
(2A) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as served on the person on the second working day after the date on
which it is emailed, and, in proving that the notice was emailed, it is sufficient
to prove that the notice was properly addressed and sent to the email address.
80 Section 155C amended (Chief executive may require person to appear and
answer questions concerning goods in control of Customs)
(1) In section 155C(2)(d)(iv), after “to that person”, insert “; or”.
(2) After section 155C(2)(d)(iv), insert:
(v) by emailing it to the person at an email address that is used by the
person.
(3) After section 155C(2), insert:
(3) In the absence of proof to the contrary, a notice that is emailed to a person must
be treated as served on the person on the second working day after the date on
which it is emailed, and, in proving that the notice was emailed, it is sufficient
to prove that the notice was properly addressed and sent to the email address.
81 Section 197 amended (Method of service of notices)
(1) In section 197(1)(c), after “address”, insert “; or”.
(2) After section 197(1)(c), insert:
(d) emailing it to the person or the person’s agent at an email address that is
used by the person or the person’s agent.
(3) In section 197(3), replace “If a notice or other document is sent to any person
by post, it is deemed to have been delivered to that person at the time when the
letter would in the ordinary course of post be delivered ” with “A notice or anyPart 3 s 79 Electronic Interactions Reform Act 2017 2017 No 50
26other document that is sent to a person by post must be treated as received by
the person when it would have been delivered in the ordinary course of post,”.
(4) After section 197(3), insert:
(4) In the absence of proof to the contrary, a notice or any other document that is
emailed to a person must be treated as received by the person on the second
working day after the date on which it is emailed, and, in proving that the
document was emailed, it is sufficient to prove that the document was properly
addressed and sent to the email address.
Part 4
Enabling electronic licences and electronic voting
Subpart 1—Amendments to Conservation Act 1987
82 Principal Act
This subpart amends the Conservation Act 1987 (the principal Act ).
83 Sections 26N and 26O and cross-heading repealed
Repeal sections 26N and 26O and the cross-heading above section 26N.
84 Section 26Z amended (Conduct of elections)
(1) Replace section 26Z(1) with:
(1) The election of members of Fish and Game Councils must be conducted —
(a) using either of the following methods of voting:
(i) postal voting:
(ii) a combination of electronic voting and postal voting; and
(b) in accordance with regulations made under section 48.
(2) Repeal section 26Z(2).
Subpart 2—Amendments to Wildlife Act 1953
85 Principal Act
This subpart amends the Wildlife Act 1953 (the principal Act ).
86 Section 2 amended (Interpretation)
(1) In section 2(1), definition of associated products , replace “products made ”
with “goods or services produced or supplied”.
(2) In section 2(1), definition of game bird habitat stamp , after “a stamp ”, insert
“or mark”.
(3) In section 2(1), insert in its appropriate alphabetical order:2017 No 50 Electronic Interactions Reform Act 2017 Part 4 s 86
27game licence  means a licence to hunt or kill game issued by the Department or
a Fish and Game Council under regulations made under this Act
(4) In section 2(1), repeal the second definition of licence .
87 Section 8 amended (Alteration of schedules)
In section 8(3), replace “licences” with “game licences” in each place.
88 Section 16 amended (Notification as to conditions on which open season is
declared)
(1) In section 16(3)(b), replace “licences to hunt or kill game ” with “game licen-
ces”.
(2) In section 16(3)(c), before “licences”, insert “game”.
89 Section 19 amended (Licence to hunt or kill game)
(1) In section 19(1) and (3), replace “licence” with “game licence” in each place.
(2) In section 19(5), replace—
(a) “paragraph (b) of subsection (4)” with “subsection (4)(b)”; and
(b) “licence under this Act to hunt or kill game” with “game licence”; and
(c) “subsection (3) of section 61” with “section 61(3)”.
90 Section 19A amended (Game bird habitat stamp)
(1) In section 19A(1), replace “affixed to” with “displayed on”.
(2) In section 19A(1), (2)(b), and (3), replace “licence to hunt or kill game ” with
“game licence”.
(3) In section 19A(2)(b), replace “affixing it to” with “displaying it on”.
91 Section 21 amended (Holder of licence not to enter on land without
consent)
(1) In the heading to section 21, before “ licence ”, insert “ game ”.
(2) In section 21(1), before “licence”, insert “game”.
92 Section 44D amended (Functions of Board)
(1) In section 44D(m) and (n), replace “licences” with “game licences”.
(2) In section 44D(m), replace “affixing” with “display”.
(3) In section 44D(n), replace “affixing to” with “display on”.
93 Section 61 amended (Person in pursuit of wildlife to comply with demand
by authorised officer)
In section 61(2) and (3)(f), replace “licence”  with “game licence or other
licence or authority” in each place.Part 4 s 87 Electronic Interactions Reform Act 2017 2017 No 50
2894 Section 67E amended (Penalties for offences in respect of game)
In section 67E(4)(g), before “licence”, insert “game”.
95 Section 72 amended (Regulations)
(1) In section 72(2)(a), (b), and (c) and (3A)(a) and (b), replace “licences to hunt
or kill game” with “game licences”.
(2) In section 72(3A)(a), after “forms”, insert “(including electronic forms)”.
(3) In section 72(3A)(b), after “effect of”, insert “game”.
(4) In section 72(3A)(c),—
(a) before “licences”, insert “game”; and
(b) delete “for hunting or killing game”.
(5) In section 72(3A)(d), replace “licence to hunt or kill game ” with “game
licence”.
Legislative history
21 September 2016 Introduction (Bill 175–1)
13 October 2016 First reading and referral to Government Administration
Committee
12 April 2017 Reported from Government Administration Committee
(Bill 175–2)
28 November 2017 Second reading
6 December 2017 Committee of the whole House (Bill 175–3)
12 December 2017 Third reading
15 December 2017 Royal assent
This Act is administered by the Department of Internal Affairs.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—20172017 No 50 Electronic Interactions Reform Act 2017 Part 4 s 95
29