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sxz



694 posts

Ultimate Geek


#195110 6-Apr-2016 15:32
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I've now gone a year without a wallet, carrying just my Drivers Licence and Bank Card on the back of my phone.  Ideally I would now drop down to just my Bank Card (for all those places that still don't accept paywave).  

 

These days I don't need my Drivers Licence for anything day to day, other than when driving.  My wife and I swap cars, so I can't leave it in the car.  I want to hold a photo of my licence on my phone, and am interested in your view of whether that is legit or what a Cop might do.

 

My argument, if caught, would be that the Electronic Transactions Act specifically states that a legal requirement to produce information that is in paper or other non-electronic form is met by producing the information in electronic form.  See relevant law extracts below:

 

I am interested in your views!!

 

 

 

Land Transport Act 1998

 

     

  1. Drivers to be licensed

 

A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.

 

 Electronic Transactions Act 2002

 

3 Purpose

 

The purpose of this Act is to facilitate the use of electronic technology by—

 

(a)reducing uncertainty regarding—

 

 (i)the legal effect of information that is in electronic form or that is communicated by electronic means; and

 

(ii)the time and place of dispatch and receipt of electronic communications; and

 

(b)providing that certain paper-based legal requirements may be met by using electronic technology that is functionally equivalent to those legal requirements.

 

8 Validity of information

 

To avoid doubt, information is not denied legal effect solely because it is—

 

(a)in electronic form or is in an electronic communication:

 

28 Legal requirement to provide or produce information that is in paper or other non-electronic form

 

A legal requirement to provide or produce information that is in paper or other non-electronic 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 assures the maintenance of 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; and

 

(c)the person to whom the information is required to be provided or produced consents to the information being provided or produced in an electronic form and, if applicable, by means of an electronic communication

 

 

 

 

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  #1527065 6-Apr-2016 15:37
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28 Legal requirement to provide or produce information that is in paper or other non-electronic form

 

A legal requirement to provide or produce information that is in paper or other non-electronic 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 assures the maintenance of 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

 

How does a picture on your phone satisfy this requirement?

 

(b)the information is readily accessible so as to be usable for subsequent reference; and

 

Probably not relevant

 

(c)the person to whom the information is required to be provided or produced consents to the information being provided or produced in an electronic form and, if applicable, by means of an electronic communication

 

To satisfy this you'd need agreement from the NZ Police.

 

IANAL so this is just my layman's interpretation.  My personal advice?  Don't make life difficult for the cops as they have infinitely more opportunity to return the favour.


sxz



694 posts

Ultimate Geek


  #1527072 6-Apr-2016 15:51
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ubergeeknz:

 

 

 

(c)the person to whom the information is required to be provided or produced consents to the information being provided or produced in an electronic form and, if applicable, by means of an electronic communication

 

To satisfy this you'd need agreement from the NZ Police.

 

IANAL so this is just my layman's interpretation.  My personal advice?  Don't make life difficult for the cops as they have infinitely more opportunity to return the favour.

 

 

Very good point - I overlooked that.  I think you've shot me down in one.  


 
 
 
 


mdf

2621 posts

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  #1527104 6-Apr-2016 16:01
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3309 posts

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  #1527119 6-Apr-2016 16:18
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Currently an electronic copy isn't legal. Drivers Licence is a defined term under the Land Transport Act and the license must be in the prescribed format. I can't be bothered trying to do the links on my mobile. The Electronic Transactions Act is irrelevant to this situation. Electronic versions have all sorts of issues around fraud.

Would a cop do anything about it? Possibly not if you were otherwise compliant, but they would be perfectly within their rights to detain/delay you to make enquiries to confirm your identity and charge you for failing to produce your license.





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