Plain language law

New Zealand law explained for everyone

Credit Contracts and Consumer Finance Act 2003

Repossession of consumer goods under consumer credit contract - Miscellaneous provisions

83ZQ: Service of notices

You could also call this:

"How to give someone important papers about taking back goods"

Illustration for Credit Contracts and Consumer Finance Act 2003

When you need to give someone a notice or document about repossession of consumer goods, it must be in writing. You can give it to them by delivering it to them, leaving it at their home or business, posting it to them, or sending it electronically to an address they have given you. If you send it by post, it is treated as received on the fourth working day after posting, and if you send it electronically, it is treated as received on the second working day after sending. If the person is not in New Zealand, you can give the notice to their agent in New Zealand. If the person has died, you can give the notice to their personal representatives. A court can also direct how a notice should be given if the person cannot be found or has no representatives. You cannot use electronic communication for some types of notices, like a repossession warning notice or a post-repossession notice. This section does not apply to a specific part of the Act, which is section 83O. A court can make an order about how a notice should be given, even if it says something different in this section. This section also does not apply to notices given in court proceedings.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6501412.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protection
Previous

83ZP: Exclusion for fixtures, or

"Things attached to a house or land are not taken back"

Next

83ZR: Part does not limit application of rules relating to conduct of servants or agents, or

"This part of the law doesn't change rules about how servants or agents behave."

Part 3ARepossession of consumer goods under consumer credit contract
Miscellaneous provisions

83ZQService of notices

  1. Any notice or other document required or authorised by this Part to be served on or given to any person must be in writing and is sufficiently served or given if—

  2. it is delivered to that person; or
    1. it is left at that person’s usual or last known place of residence or business or at an address specified for that purpose in an agreement; or
      1. it is posted in a letter addressed to that person by name at that place of residence or business or address; or
        1. it is sent by way of an electronic communication to the address specified by that person for this purpose.

          1. Subsection (1)(d) does not apply to a repossession warning notice or a post-repossession notice.

          2. This section does not apply in relation to section 83O.

          3. If the person is absent from New Zealand, the notice or other document may be served on or given to the person’s agent in New Zealand.

          4. If the person is deceased, the notice or other document may be served on or given to the person’s personal representatives.

          5. If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the court.

          6. If the notice or other document is sent to any person—

          7. by post, it is to be treated as having been received on the fourth working day after the day on which the letter is posted (and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted):
            1. by electronic communication, it is to be treated as having been received on the second working day after the day on which the notice or document is sent.

              1. Despite anything in this section, the court may in any case make an order directing the manner in which any notice or other document is to be served or given, or make an order dispensing with the service or giving of the notice or document.

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

              Compare
              Notes
              • Section 83ZQ: inserted, on , by section 51 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).