Linking your LPA attorney to your Landonline licence and DC backup
In my last column, I explained why a sole practitioner's attorney, pursuant to the Law Practitioners Act, had to be e-dealing capable and linked to the practitioner's Landonline licence. In this issue I'll explain how this works in practice.
Understanding Digital Certificates
LINZ contracts with an independent third party, which issues Digital Certificates (DCs) in accordance with international industry standards. One of these standards is that there can only ever be one current DC issued to any one person. That DC can only be 'active' in one place at any one time.
Options for sole practitioners and locums
Landonline is specifically designed to cater for separate consultancy for multiple firms. Consulting surveyors, who also use DCs, frequently work for multiple firms and require access to those firms' Landonline licences. The same process applies to e-dealing.
The firm that wishes to grant the sole practitioner attorney (or Locum) access to the e-dealings of that firm must 'link' that external solicitor to that firm's licence. A solicitor 'linked' to multiple firms will be presented with a screen listing the licences that he or she has access to. Ordinarily the selection would be for that solicitor's own firm. If a solicitor (e.g. as attorney) needs to access a sole practitioner's e-dealing Workspace, it is simply a matter of selecting that licence, and full access to that other firm's Landonline Workspace will be available. This enables all facets of an e-dealing to be attended to remotely, including certifying and signing.
How to link
The firm who wishes to grant access to an external solicitor should do so on the Landonline website at http://www.landonline.govt.nz/about-Landonline/change-your-details/index.asp.
Select the 'Add Individual' option and follow through the fields and prompts. The level of access granted should be 'certify and sign'.
The form is submitted electronically via the web.
The system will generate a form for signing to confirm the request. (This is necessary as this part of the website is accessible by the public and independent signed verification of request to link a new user is required for both protection of the law firm and LINZ)
LINZ will usually process this application within 48 hours of receipt of the signed authorisation. Notification will be sent via the licence holder's previously nominated method of receiving notices.
Locum Specific Aspects
The practical options for a locum who intends working for multiple firms include:
- loading his or her DC on their own personal laptop
- having the DC on a memory stick (this requires a download onto the PC from the memory stick)
- copy the DC onto a disc and downloading onto the computer at the law firm (the DC policy requires deletion off the computer that the DC is copied from to comply with the requirement of the DC only being active in one place at one time).
Digital Certificate Backups
It is acceptable under the terms of the DC policy to have a back up copy of the DC for 'disaster' purposes. This may include a major computer crash or destruction. It would not cover theft of the laptop or computer. If theft or loss occurs, LINZ must be notified immediately so that it can revoke the DC. A new DC would then need to be issued. This can normally occur within 24 hours.
The key for any backup copy of the DC is to ensure that it is securely held, preferably with the storage device (e.g. disc, CD or memory stick) in a safe, and that the original is only active on one computer.
If LINZ becomes aware that there are multiple active copies of a DC or if effective control is lost (due to sharing of passwords), then it is contractually required to revoke that DC as part of the licencing agreement with the issuer of the DC.
Further information about DCs and general security is available on the Landonline website athttp://www.landonline.govt.nz/about-Landonline/security.asp.
Duncan Terris
NZLS e-dealing Consultant
The Property Lawyer
Volume 7, Issue 4, December 2006
