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Motor Vehicle Sales Act 2003

Miscellaneous provisions - Service of notices

142: Service of notices

You could also call this:

"How to give someone official documents or notices under the Motor Vehicle Sales Act"

Illustration for Motor Vehicle Sales Act 2003

When you need to give someone a notice or document under the Motor Vehicle Sales Act, you can do it in a few ways. You can deliver it to them, or send it by email or post to their address. The address can be the one they gave when they applied to register or it can be their usual or last known place of residence or business in New Zealand. If you send a notice or document by email, it is treated as received by the person two days after you sent it. If you post it, it is treated as received seven days after you posted it. But if the person can prove they did not get it and it was not their fault, then it is not treated as received. If you send an infringement notice by post, it is treated as served on the person on the date you posted it. There are some exceptions to these rules, such as for witness summons or infringement notices issued under certain sections, like section 113 or clause 9D of Schedule 1. You should look at those sections to see how they are different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM188939.

Topics:
Transport and travel > DrivingMoney and consumer rights > Consumer protection
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Part 5Miscellaneous provisions
Service of notices

142Service of notices

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

  2. in the case of an applicant for registration or a motor vehicle trader registered under this Act, the notice or document is—
    1. delivered to the person at the person's address for service stated in accordance with section 32(2); or
      1. sent by email to the person’s email address, stated in accordance with section 32(2); or
        1. posted in a letter addressed to the person at the person's address for service stated in accordance with section 32(2); or
        2. in any other case, the notice or document is—
          1. delivered to the person; or
            1. left at the person's usual or last known place of residence or business in New Zealand; or
              1. sent by email to the person’s email address; or
                1. posted in a letter addressed to the person at the person's place of residence or business in New Zealand.

                2. A notice or document that is sent to a person at an email address must be treated as received by that person not later than 2 days after the date on which it is sent.

                3. A notice or document that is posted to a person must be treated as received by that person not later than 7 days after the date on which it is posted.

                4. However, a notice or document must not be treated as received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on the person's part.

                5. An infringement notice sent to a person by post under subsection (1) must be treated as having been served on the person on the date that it was posted.

                6. Subsection (1)(b)(iia) does not apply to an infringement notice issued under section 113.

                7. This section does not apply to a witness summons issued under clause 9D of Schedule 1.

                Notes
                • Section 142(1)(a)(ii): amended, on , by section 148(1) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                • Section 142(1)(b)(iia): inserted, on , by section 148(2) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                • Section 142(2): amended, on , by section 148(3) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                • Section 142(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                • Section 142(6): inserted, on , by section 148(4) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).
                • Section 142(7): inserted, on , by section 148(4) of the Regulatory Systems (Economic Development) Amendment Act 2025 (2025 No 11).