New Zealand – Private Individual Client Authority and Instruction for an Electronic Transaction

Living in Australia and transacting in New Zealand

New ZealandThe New Zealand Law Society and the Registrar General of Land in New Zealand have approved a specific form that authorises lawyers to transact electronically on behalf of their clients. In our experience this document is generally used in property and conveyancing transactions.

If this form is signed overseas, for example in Australia, then the client must sign in front of a notary public and for the notary public to certify that they have:

  1. Witnessed the client sign the form.
  2. They have sighted an original form of identification.
  3. They have attached a copy of that identification.
  4. The photograph, names and signatures match the client and the identification provided.
  5. The client appears to be of sound mind.

Our understanding is that a copy of the identification document may also need to be notarised (ie, stamped as a certified copy of the original document) for submission with the form when returned to New Zealand – however, we indicte that we have assisted clients who have told us that a notarised copy of their identification document was not required, and there have been no issues arising from those transactions as well. If you are unsure or concerned about the specific requirements of your transaction, and whether you must submit a notarised copy of your identification document, please ask your lawyer in New Zealand to provide specific instructions as to what is required to satisfy the legal requirements in New Zealand.

With the number of people originally from New Zealand who live, work and study in Australia, it is not surprising to us that the number of requests for this kind of work has been on a steady increase over the years. Buying and selling property in any country is full of forms and documents, and dealing with the challenges of not being in that country (and living elsewhere, say Australia) means that those forms and documents will need to be notarised by a notary public.