Electronic Courts and Tribunals Act 2016

1: Title
This Act is the Electronic Courts and Tribunals Act 2016.
2: Commencement
This Act comes into force on 1 March 2017. Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: facilitate the use of permitted documents in, or with respect to, the proceedings of courts and tribunals; and
b: allow references to documents in existing enactments relating to the processes of courts and tribunals to be interpreted as including permitted documents; and
c: permit the filing of permitted documents at any specified place.
4: Interpretation
1: In this Act, unless the context otherwise requires,— associated process electronic information system Minister paper-based form permitted document
2: None of the following documents is a permitted document unless and until the Governor-General, by Order in Council made on the recommendation of the Minister, declares it to be a permitted document:
a: a document given on oath or by affirmation:
b: a statutory declaration:
c: a will, a codicil, or any other testamentary instrument:
d: a power of attorney or an enduring power of attorney:
e: a negotiable instrument:
f: any notice required to be attached to any thing or left or displayed in any place:
g: any warrant or other instrument authorising entry into premises or the search or seizure of any person or thing:
h: any other document specified by the Governor-General by Order in Council made on the recommendation of the Minister:
i: an item specified in any of paragraphs (a) to (h) that is required to be served by personal service.
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Act binds the Crown
This Act binds the Crown. General provisions
6: Application
1: This Act applies to 1 or more of the following specified by the Governor-General by Order in Council made on the recommendation of the Minister:
a: any court or tribunal:
b: any particular jurisdiction of a court or tribunal:
c: any court or tribunal located in a particular place:
d: any particular jurisdiction of a court or tribunal located in a particular place.
2: This Act does not apply to any class of persons specified by the Governor-General by Order in Council made on the recommendation of the Minister.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Permitted documents may be used
1: A court or tribunal, or a participant in proceedings before a court or tribunal, may use permitted documents in, or with respect to, the proceedings of the court or tribunal.
2: However, nothing in this Act requires a person to use, provide, or accept a permitted document without the person's consent.
3: Despite subsection (2), a class of persons specified in regulations made under section 33
a: in a specified court or tribunal; or
b: in a specified jurisdiction of a court or tribunal; or
c: in specified circumstances.
4: Nothing in subsection (2) overrides any provision in any other Act that requires a person to use, provide, or accept a permitted document.
8: Consent may be inferred from person's conduct
A person's consent to use, provide, or accept a permitted document may be inferred from the person's conduct, including (but not limited to)—
a: filing a permitted document with a court or tribunal:
b: providing to a court or tribunal an electronic address where permitted documents may be sent. 2006 No 40 s 219(1)
9: Presumption of validity
In the absence of proof to the contrary, a document is not invalid merely because it is a permitted document.
10: Certain documents to be treated as permitted documents
A court or tribunal must treat a reference to a document, or its associated process, in an enactment relating to the processes of a court or tribunal as a reference to a permitted document unless—
a: the enactment explicitly provides otherwise; or
b: the context of the enactment requires a different interpretation. 1999 No 85 s 4(1) Manner in which permitted documents meet certain non-electronic requirements
11: Requirement for information to be in writing
A requirement that information be in writing is met by information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 18
12: Requirement for information to be recorded in writing
A requirement that information be recorded in writing is met by recording the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 19
13: Requirement for information to be given in writing
1: A requirement to give information in writing is met by giving the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference.
2: Subsection (1) applies even if the information must be given in a specified manner (for example, by filing, sending, serving, delivering, lodging, or posting the information).
3: In this section, requirement to give information
a: making an application:
b: making or lodging a claim:
c: giving, sending, or serving a notification:
d: lodging a return:
e: making a request:
f: making a declaration:
g: lodging or issuing a certificate:
h: making, varying, or cancelling an election:
i: lodging an objection:
j: giving a statement of reasons:
k: lodging an appeal. 2002 No 35 s 20(1), (3), (4)
14: Requirement to provide multiple copies of information
A requirement to provide multiple copies of information to the same person at the same time is met by providing a single electronic version of the information in a permitted document. 2002 No 35 s 20(2)
15: Requirement to provide information in certain form
A requirement to provide information in a manner that complies with a paper-based form is met by providing the information in a permitted document if the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 21
16: Requirement for signatures
A requirement for a signature, other than a witness's signature, is met in a permitted document by means of an electronic signature if the electronic signature—
a: adequately identifies the signatory and adequately indicates the signatory's approval of the information to which the signature relates; and
b: is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required. 2002 No 35 s 22(1)
17: Requirement for signatures of witnesses
A requirement for a signature or a seal to be witnessed is met in a permitted document by means of a witness's 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 16
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's signature is required. 2002 No 35 s 23(1)
18: Requirement for seals
A requirement for a seal is met in a permitted document by means of an electronic seal if the electronic seal—
a: adequately identifies the party attaching the seal; and
b: is as reliable as is appropriate given the purpose for which, and the circumstances in which, the seal is required.
19: Presumption about reliability of electronic signatures
1: For the purposes of sections 16 17
a: the means of creating the electronic signature is linked to the signatory and to no other person; and
b: the means of creating the electronic signature was under the control of the signatory and of no other person; and
c: any alteration to the electronic signature made after the time of signing is detectable; and
d: where the purpose of the legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable.
2: Subsection (1) does not prevent any person from proving on other grounds or by other means that an electronic signature—
a: is as reliable as is appropriate; or
b: is not as reliable as is appropriate. 2002 No 35 s 24
20: Requirement to retain document or information that is in paper-based form
1: A requirement to retain information that is in paper-based form is met by retaining an electronic form of the information in a permitted document if—
a: the electronic form provides a reliable means of maintaining the integrity of the information; and
b: the information is readily accessible so as to be usable for subsequent reference.
2: Subsection (1) applies to information that is a public record within the meaning of the Public Records Act 2005
3: To avoid doubt, if information is retained in electronic form in accordance with subsection (1), the paper-based form of that information need not be retained. 2002 No 35 s 25
21: Requirement to retain information that is in electronic form
A requirement to retain information that is in a permitted document is met by retaining the information—
a: in paper-based form if the paper-based form provides a reliable means of maintaining the integrity of the information; or
b: in electronic form if—
i: the electronic form provides a reliable means of maintaining the integrity of the information; and
ii: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 26
22: Extra conditions for electronic communications
In addition to the conditions specified in section 21
a: the person must also retain the details obtained by that person that enable the identification of—
i: the origin of the electronic communication; and
ii: the destination of the electronic communication; and
iii: the time when the electronic communication was sent and the time when it was received; and
b: the details referred to in paragraph (a) must be readily accessible so as to be usable for subsequent reference. 2002 No 35 s 27
23: Requirement to provide or produce information that is in paper-based form
A requirement to provide or produce information in paper-based form is met by providing or producing the information in electronic form, whether by means of an electronic communication or otherwise, if—
a: the form and means of the provision or production of the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, the information is required to be provided or produced; and
b: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 28(a), (b)
24: Requirement to provide or produce information that is in electronic form
A requirement to provide or produce information that is in a permitted document is met by providing or producing the information—
a: in paper-based form, but, if the integrity of the information cannot be reliably maintained, the person who must provide or produce the information must—
i: notify every person to whom the information is required to be provided or produced of that fact; and
ii: if requested to do so, provide or produce the information in electronic form in accordance with paragraph (b); or
b: in electronic form if—
i: the form and means of the provision or production of the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, the information is required to be provided or produced; and
ii: the information is readily accessible so as to be usable for subsequent reference. 2002 No 35 s 29(a), (b)﻿(i), (ii)
25: Requirement to provide access to information that is in paper-based form
A requirement to provide access to information that is in paper-based form is met by providing access to the information in a permitted document if the form and means of access to the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided. 2002 No 35 s 30(a)
26: Requirement to provide access to information that is in electronic form
A requirement to provide access to information that is in a permitted document is met by providing access to the information—
a: in paper-based form, but, if the integrity of the information cannot be reliably maintained, the person who must provide access to the information must—
i: notify every person to whom access is required to be provided of that fact; and
ii: if requested to do so, provide access to the information in electronic form in accordance with paragraph (b); or
b: in electronic form, whether by means of an electronic communication or otherwise, if the form and means of access to the information reliably maintain the integrity of the information, given the purpose for which, and the circumstances in which, access to the information is required to be provided. 2002 No 35 s 31(a), (b)﻿(i)
27: Requirement relating to content of information
Nothing in this Act affects any requirement in any enactment to the extent that the requirement relates to the content of information. 2002 No 35 s 33
28: Copyright in works in permitted documents
The copyright in a work in a permitted document is not infringed by any of the following acts if they are carried out for the purposes of meeting a paper-based requirement by electronic means:
a: the generation of an electronic form of a document:
b: the production of information by means of an electronic communication. 2002 No 35 s 34 Rules regarding transmission of permitted documents
29: Time of dispatch of permitted documents
A permitted document is taken to be dispatched at the time the permitted document first enters an information system outside the control of the originator. 2002 No 35 s 10(1)
30: Time of receipt of permitted documents
A permitted document is taken to be received at the time the permitted document first enters the information system that the addressee has designated for the purpose of receiving the permitted document. 2002 No 35 s 11(a)
31: Place of filing
1: Despite section 37(2) section 33
2: The place for filing may be—
a: centralised or located within the jurisdiction of the relevant court or tribunal:
b: physical or electronic. Fees and regulations
32: Filing fees payable for permitted documents
1: Despite section 37(2)
a: the fee that is prescribed for that document in regulations made under section 33
b: if a fee is not prescribed for that document in regulations made under section 33
2: A fee that is payable under subsection (1)﻿(a) is inclusive of goods and services tax.
3: Whether a fee that is payable under subsection (1)﻿(b) is inclusive or exclusive of goods and services tax is to be determined under the relevant enactment.
33: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing any conditions that a permitted document must meet to be used, provided, or accepted by a court or tribunal, or a participant in proceedings before a court or tribunal:
b: prescribing the form or forms of permitted documents:
c: prescribing any fees for the filing of permitted documents:
d: prescribing any fee discount, which may be expressed as—
i: a specified amount that applies to a specified document; or
ii: a percentage that applies to a range of documents:
e: prescribing the place or places for filing permitted documents:
f: specifying any classes of persons required to use, provide, or accept a permitted document—
i: in a specified court or tribunal in which the permitted document must be used, provided, or accepted:
ii: in a specified jurisdiction of a court or tribunal in which the permitted document must be used, provided, or accepted:
iii: in specified circumstances in which the permitted document must be used, provided, or accepted:
g: providing for any other matters that are contemplated by, or necessary for, giving full effect to this Act and its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments and transitional provisions
34: Amendment to Electronic Identity Verification Act 2012
1: This section amends the Electronic Identity Verification Act 2012
2: After section 67(1)﻿(c)
ca: a court or tribunal specified in an order made under section 6 of the Electronic Courts and Tribunals Act 2016 2017-03-01 Electronic Identity Verification Act 2012
35: Amendment to Electronic Transactions Act 2002
1: This section amends the Electronic Transactions Act 2002
2: In the Schedule, Part 1 Electronic Courts and Tribunals Act 2016 ( 2016 No 52 2017-03-01 Electronic Transactions Act 2002
36: Amendment to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: After section 352(1)
1A: Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016 2017-03-01 Resource Management Act 1991
37: Transitional provisions
1: If any relevant provision of this Act applies to a court or tribunal, it applies to all proceedings commenced in that court or tribunal before, on, or after the application of that provision except—
a: the continuation of a hearing that commenced before the application of that provision; and
b: any appeal from, or review of, a determination made at a hearing of that kind.
2: Any legislative instrument amending the rules of court that is made after the commencement of this section must be consistent with the provisions of this Act. 2006 No 69 s 5