Yes. Electronic signatures are legal in New Zealand for most documents, including contracts, employment agreements and consent forms.
This is general information, not legal advice.
What the law says
The rules sit in Part 4 of the Contract and Commercial Law Act 2017, which replaced the Electronic Transactions Act 2002.
Under section 226, an electronic signature meets a legal requirement for a signature when it:
- Identifies the signer and shows that they approve the information.
- Is as reliable as the purpose and circumstances call for.
If the law requires the signed information to be given to someone, that person must also consent to an electronic signature.
What makes a signature reliable
Section 228 presumes an electronic signature is reliable when:
- The means of signing is linked to the signer and nobody else.
- It was under the control of the signer and nobody else.
- Any later change to the signature can be detected.
- Any later change to the document can be detected, where integrity is the point.
A signature that misses one of these can still be valid. It is just harder to prove.
Documents you cannot sign electronically
Schedule 5 of the Act excludes some documents. The common ones are:
- Wills and other testamentary documents.
- Affidavits and statutory declarations.
- Powers of attorney and enduring powers of attorney.
- Negotiable instruments.
Some regulators set their own rules too. Land transfer documents, for example, follow guidance from Toitū Te Whenua Land Information New Zealand.
Witnessed signatures
Section 227 lets a witness sign electronically on the same conditions. The witness still has to see the person sign.
How Flowsign helps
- Identity. Each signer gets a private link at their own email address, with an optional password.
- Consent. Signers agree to sign electronically before they start.
- Detecting changes. A completed package is sealed into one tamper-evident record.
- Evidence. Every plan includes an audit trail and a certificate of completion.
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