3.9   Use of ECM system in business conducted in the absence of the public

(1)  Any business that, pursuant to section 71 of the Civil Procedure Act 2005, may be conducted in the absence of the public may be conducted by electronic communication sent and received by means of the ECM system, as provided by clause 9 of Schedule 1 to the Electronic Transactions Act 2000.

(2)  A legal practitioner who is a registered user for any proceedings may participate in any such business:

(a)  directly (the legal practitioner sends a communication in his or her own name), or

(b)  indirectly (someone authorised by the legal practitioner sends a communication in the legal practitioner’s name).

(3)  A legal practitioner who authorises someone else to send a communication, as referred to in subrule (2) (b), is taken to have affirmed to the court that he or she has actual knowledge of the contents of the communication.