Part 7Miscellaneous provisions
131Service of documents
Any document required or authorised under this Act, or under any regulations or bylaws made under this Act, to be served on any person may be served by delivering it to that person, or by leaving it at his usual or last known place of abode or business, or by posting it by
letter addressed to him at his usual or last known place of abode or business. If so posted, it shall be deemed to have been served at the time when theletter would be delivered in the ordinary course of post.If the person is absent from New Zealand the document may be served in any such manner as aforesaid on his agent in New Zealand. If he is deceased, the notice may be served in any such manner as aforesaid on his personal representative.
If the person or his place of abode or business is not known, or if he is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the document may be served in such manner as may be directed by the High Court; or, in the case of a document relating to any land or premises, may be served on the occupier thereof or left with some inmate of his abode or, if there is no occupier, may be put up on some conspicuous part of the land or premises. It shall not be necessary in any such document to specify the name of the owner or occupier of any land or premises to which the document relates, if that name is not known to the person issuing the document.
In the case of a document relating to any land or premises in which more than 5 persons hold an estate or interest as tenants in common, service of such document on any 5 of those persons shall, without prejudice to the provisions of subsection (5) of section 42 or to the other provisions of this section, be deemed to be service on all the tenants in common. Every document which is served in accordance with the provisions of this subsection shall notify the persons on whom it is served that it is served upon them as representatives of all the owners of such estate or interest.
Notwithstanding anything in the foregoing provisions of this section, the High Court may in any case make an order directing the manner in which any document is to be served, or dispensing with service thereof.
Notes
- Section 131(1): amended, on , by section 8 of the Health Amendment Act 1988 (1988 No 99).
- Section 131(3): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
- Section 131(3A): inserted, on , by section 12 of the Health Amendment Act 1964 (1964 No 34).
- Section 131(4): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).