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Real Estate Agents Act 2008

Miscellaneous provisions - Service

154: Service of notice and documents

You could also call this:

"How to give someone official notices and documents"

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When you need to give someone a notice or document, you can do it in several ways. You can deliver it to them, leave it at their home or work, or post it to them. You can also send it to their electronic address or fax number. If you post a notice, it is treated as served five working days after it was posted. You just need to prove you posted it to the right address. If you send a notice electronically, it is served when it first enters the recipient's information system. You just need to prove you sent it to the right electronic address. An information system is a way of sending, receiving, and storing electronic communications. This section does not apply to court proceedings. You can serve a notice on a business partnership by serving it on one of the partners. You can also serve a notice on the Authority by delivering it to the Registrar or leaving it at their office.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152164.

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Part 6Miscellaneous provisions
Service

154Service of notice and documents

  1. Any notice or other document required or authorised by this Act to be given to or served on any person, is sufficiently given or served if—

  2. it is delivered to that person; or
    1. it is left at that person’s usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or
      1. it is posted in a letter addressed to that person by name at that place of abode or business or address; or
        1. it is transmitted to an electronic address or a fax number provided by the person; or
          1. it is sent in the prescribed manner (if any).

            1. Any notice or other document required or authorised by this Act to be given to or served on the Authority is sufficiently given or served if—

            2. it is delivered to the Registrar; or
              1. it is left at the office of the Authority; or
                1. it is posted in a letter addressed to the Authority at the office of the Authority; or
                  1. it is sent in the prescribed manner (if any).

                    1. Any notice or other document required or authorised by this Act to be given or served on a business partnership is taken to be given or served on the partnership if, in accordance with subsection (1), it is given or served on any one of the partners.

                    2. If any notice or other document is sent by post, it is, unless the contrary is shown, treated to have been served 5 working days after it was posted, and, in proving service of the notice, it is sufficient to prove that the letter was properly addressed and posted.

                    3. If a notice or any other communication is served in electronic form under subsection (1)(ca), then, unless the contrary is shown,—

                    4. the notice or any other communication is served at the time the electronic communication containing the notice or communication first enters an information system outside the control of its originator; and
                      1. in proving service, it is sufficient to prove that the electronic communication was properly addressed and sent.

                        1. In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

                        2. This section does not apply to notices or other documents served or given in any proceedings in any court.

                        Notes
                        • Section 154(1)(ca): inserted, on , by section 252(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 154(4): amended, on , by section 252(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 154(4A): inserted, on , by section 252(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 154(4B): inserted, on , by section 252(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).