Requirements for electronic signatures
A&I forms and other documents can be signed and witnessed using an electronic signature if the signature complies with ss 226 and 227 of the Contract and Commercial Law Act 2017 (CCLA) because it:
- adequately identifies the signatory and the witness
- adequately indicates:
- the signatory’s approval of the information to which the signature relates, and
- the signature has been witnessed, and
- is as reliable as is appropriate given the purpose for which the signature and the witness’ signature is required.
Section 228(1) of the CCLA provides that an electronic signature is presumed to be reliable as is appropriate if:
- the means of creating the electronic signature is linked to the signatory and to no other person
- the means of creating the electronic signature was under the control of the signatory and of no other person
- any alteration to the electronic signature made after the time of signing is detectable, and
- any alteration made to that information after the time of signing is detectable.
An image of a signature that is simply inserted into a document or has been created by drawing a signature using a touch screen cannot be presumed to be reliable as it is unlikely to meet the criteria set out in s228(1) of the CCLA. A signature that appears to have been created in this way should not be relied upon.
When relying upon an electronic signature you must be satisfied that the product used to sign creates an electronic signature that meets the requirements of the CCLA.
Documents that can be signed using an electronic signature
A&I forms
An A&I form can be signed and witnessed using an electronic signature. Clause 6 of the Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309 provides additional guidance on the evidentiary and confirmation of identity requirements for A&I forms signed using an electronic signature.
Authority and Identity Requirements for E-Dealing Guideline 2024 – LINZ OP G 01309
Image-only instruments
Image-only instruments may be signed and witnessed using an electronic signature. A list of image-only instruments can be found on our Instrument types page.
Land Transfer Act 2017 consents from banks
Mortgagee consents under the Land Transfer Act 2017, using the annexure schedule consent form, may be signed and witnessed using an electronic signature.
Resource Management Act 1991 consents from banks
Mortgagee consents under s224(b) of the Resource Management Act 1991, may be signed and witnessed using an electronic signature.
Consents from territorial authorities
Territorial authority consents under the Land Transfer Act 2017 and the Resource Management Act 1991, may be signed and witnessed using an electronic signature.
Documents that cannot be signed using an electronic signature
Land title transactions lodged in paper form
Instruments and other documents lodged in paper form, by manual lodgement, must have original wet signatures.
Statutory declarations and powers of attorney
Statutory declarations, powers of attorney, and enduring powers of attorney must have original wet signatures - see Schedule 5 of the CCLA.
Electronic signing systems
When practitioners are opting to rely on electronic signatures, they should satisfy themselves that the technology they are using is secure and meets the requirements of s226 and s227 of the CCLA.
LINZ cannot endorse any particular electronic signing system; however, these are systems we often see being used that have met the requirements:
- Digisign
- DocuSign, and
- The Law Association’s WebForms.
Avoiding requisitions
Be aware that documents that have been signed electronically will be requisitioned if they:
- have signatures that appear to have been cut and pasted, or created using a touch screen, and
- didn’t capture authentication, time and source details at the time of applying an electronic signature (when using a software).