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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Miscellaneous

181: Service of orders and notices

You could also call this:

"How to give someone an order or notice under the law"

When you need to give someone an order or notice for the purposes of the Search and Surveillance Act 2012, you can do this in a few ways. You can give it to the person directly, or you can leave it at their home or workplace, which can include sending it by fax or email. You can also send it to them by post, as long as you pay for the postage and address it to their home or workplace.

If the order or notice is for a company, you can give it to one of the company's officers or leave it at the company's registered office, and this will be considered as giving it to the company. If the order or notice is for a partnership, you can give it to one of the partners, and this will be considered as giving it to the partnership.

If you send the order or notice by post, it is assumed that the person gets it on the third day after you posted it, unless someone can prove that this is not what happened. You should also be aware that there may be other parts of the Act that have different rules for giving orders or notices, such as the one you can find by following the link to s 52 of a related act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136898.

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Crime and justice > Police and safetyRights and equality > Privacy
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Part 4General provisions in relation to search, surveillance, and inspection powers
Miscellaneous

181Service of orders and notices

  1. Where an order or a notice is to be given to a person for the purposes of this Act, it may be given—

  2. by delivering it personally to the person; or
    1. by delivering it at the usual or last known place of residence or business of the person, including by fax or by electronic mail; or
      1. by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.

        1. Where an order or notice is to be served on a corporation for the purposes of this subpart, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on the corporation.

        2. Where an order or notice is to be served on a partnership for the purposes of this subpart, service on any one of the partners in accordance with subsection (1) or (2) is deemed to be service on the partnership.

        3. Where an order or notice is sent by post to a person in accordance with subsection (1)(c), the order or notice is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.

        4. This section is subject to any other section of this Act that makes different provision for the service of orders or notices.

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