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New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions

352: Service of documents

You could also call this:

“This explains how important papers are given to people in different ways, like email or regular mail.”

When you need to send a document to someone for this law, you have different ways to do it. If the person gave you an email address to use, you must send it there unless they asked for a different way. If they didn’t give an email address or asked for another way, you can choose from these options: give it to them in person (except for government ministers), leave it at their home or work, send it by post to their home or work, put it in their PO box, leave it at a document exchange, or send it by fax.

Sometimes, if you’re sending a document for a court case, the court might tell you to use a different way. Also, there are special rules for sending documents electronically to courts.

If you need to send something to a government minister, you can give it to the head of their department instead. For businesses or groups, you can give it to someone who works there or send it to their official address. For partnerships, giving it to one partner counts as giving it to all of them.

There are special rules for sending documents to government organisations. You can deliver it to their main office, send it by fax or email to their main office, or use a way that you both agree on.

If you send something by post, it’s assumed the person got it when they would normally get mail, unless they can prove they didn’t.

Remember, these rules are part of the Resource Management Act 1991 and work alongside the Electronic Courts and Tribunals Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239099.

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Part 14 Miscellaneous provisions

352Service of documents

  1. Where a notice or other document is to be served on a person for the purposes of this Act,—

  2. if the person has specified an electronic address as an address for service for the matter to which the document relates, and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address:
    1. if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods:
      1. delivering it personally to the person (other than a Minister of the Crown):
        1. delivering it at the usual or last known place of residence or business of the person:
          1. sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the person:
            1. posting it to the PO box address that the person has specified as an address for service:
              1. leaving it at a document exchange for direction to the document exchange box number that the person has specified as an address for service:
                1. sending it to the fax number that the person has specified as an address for service.

                2. However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.

                3. Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016.

                4. Where a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service in accordance with subsection (1) shall be deemed to be service on the Minister.

                5. Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body.

                6. Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (3) shall be deemed to be service on the partnership.

                7. Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—

                8. by delivering it at the organisation's head office or principal place of business; or
                  1. by sending it to the fax number or electronic address that the organisation has specified for its head office or principal place of business; or
                    1. by a method agreed between the organisation and the person serving the notice or document.

                      1. Where a notice or other document is sent by post to a person in accordance with subsection (1)(b)(iii) or (iv), it shall be deemed, in the absence of proof to the contrary, to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post.

                      Notes
                      • Section 352(1): replaced, on , by section 165(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 352(1AA): inserted, on , by section 165(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 352(1A): inserted, on , by section 36(2) of the Electronic Courts and Tribunals Act 2016 (2016 No 52).
                      • Section 352(2): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                      • Section 352(4A): inserted, on , by section 141(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 352(4A)(b): amended, on , by section 165(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 352(5): amended, on , by section 165(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).