e-dealing processes to put in place

This page is designed to help you create an e-dealing process document for your firm. It aims to help you identify the process decisions your firm will need to make before, during and after you complete an e-dealing transaction.

On this page:

Before e-dealing transactions commence

  1. Preparation and Certify & Sign roles. You will need to decide who will be designated to prepare the instruments and who will be authorised to certify and sign e-dealing transactions within your firm. You may initially decide that only partners can certify and sign. However, as your firm becomes more comfortable with the application you may want to delegate the Certify & Sign process to non-partners including staff solicitors, senior associates and senior solicitors. See Managing Sign-off Risk for more information.
  2. Storage of Digital Certificates, passwords and passphrases. Your firm will need to decide how you will store your Digital Certificates for disaster recovery purposes. You may also like to consider how you will manage transferring Digital Certificates of staff who leave to work at another firm. Other considerations include how you will store passwords and passphrases. You may need to set up a security policy. See Storage of Digital Certificates, Passwords and Passphrases (attachment below) for more information.

During e-dealing

Following an approach from the client, there are five main steps in the e-dealing transaction process (as outlined in the diagram below).

e-dealing transaction process diagram

Within these five steps, there are a number of process decisions your firm will need to take into consideration.

  1. Completion of Authority and Instruction (A&I) forms. Your firm can customise the three main A&I forms available on the NZLS website, as long as you adhere to Guideline K of the NZLS Property Transactions and e-dealing Practice Guidelines. You should decide on the process you will adopt for the witnessing A&I forms.

    You can also file the client's proof of identity for future transactions as long as their proof of identity is still valid.

    See A&I forms for more information.
  2. Completing the e-dealing transaction. To ensure you have everything you need to complete the e-dealing transaction, your firm may like to use the checklists prepared by LINZ and the Property Law Section (PLS) available from the PLS website. These will help you make sure the right forms, documents and attachments are prepared and annexed to the e-dealing for certification purposes.

    To download the checklists, visit Property Law Section New Zealand Law Society
  3. Certifying and Signing the e-dealing. For more information, see Managing Sign-off Risk.
  4. Arranging Settlement of the transaction. Your firm should consider what it will do if Landonline is down on settlement day. There are a number of things you can do to mitigate the risks of Landonline being unavailable when you need to settle. For more information, see How to settle when Landonline is unavailable.
  5. Releasing and Submitting the e-dealing. Your firm may wish to have a policy around evidence of registration.

    For more information, see guideline X of the NZLS Property Transactions and e-dealing Practice Guidelines.

Once the e-dealing transaction is completed

  1. Storage of A&I forms. The statutory requirement is that A&I forms be retained for 10 years. It is best to store A&I forms in a way that is consistent with your other filing systems and is easily accessible for compliance. If you are already set up to scan your files and store them electronically then that option could be also used for A&I forms. For more information, see A&I forms and Guideline N of the NZLS Property Transactions and e-dealing Practice Guidelines.
  2. Other compliance matters. Your firm will need to consider how you will manage your documentation so that you are prepared for compliance reviews. For more information, see Compliance documentation and storage.