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Building Act 2004

Miscellaneous provisions - Miscellaneous - Service of notices

394: Service of notices

You could also call this:

“How to properly send important papers to people or groups according to the law”

When someone needs to give you a notice or document under this Act, they can do it in a few ways. They can hand it to you in person, deliver it to your home or work, send it by fax or email, or post it to your address.

If the notice is for a group or organisation, giving it to one of the group’s officials in any of these ways counts as giving it to the whole group.

For a partnership, giving the notice to any one of the partners in these ways is enough to count for the whole partnership.

If the notice is for a government organisation, there are special ways to deliver it. You can give it to an employee at their main office, deliver it to their main office (including by fax), or use a way that you’ve agreed with them.

If someone sends you a notice by post, it’s considered received when a letter would normally arrive if it was sent by regular mail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309058.

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395: Notices in relation to Māori land, or

“Special rules for sending notices about Māori land, with time limits for owners to respond”

Part 5 Miscellaneous provisions
Miscellaneous: Service of notices

394Service of notices

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

  2. delivered personally to the person; or
    1. delivered to the person at the person's usual or last known place of residence or business; or
      1. sent by fax or email to the person's fax number or email address; or
        1. posted in a letter addressed to the person at the person's usual or last known place of residence or business.

          1. If a notice or other document is to be served on a body (whether incorporated or not), service on an officer of the body in accordance with subsection (1) is taken to be service on the body.

          2. If a notice or other document is to be served on a partnership, service on any one of the partners in accordance with subsection (1) or subsection (2) is taken to be service on the partnership.

          3. 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—

          4. by delivering it personally to an employee of the organisation at its head office or principal place of business; or
            1. by delivering it at the organisation's head office or principal place of business, including by fax; or
              1. in accordance with a method agreed with the organisation.

                1. A notice or other document sent by post to a person in accordance with subsection (1)(d) must be treated as having been received by that person at the time at which the letter would have been delivered in the ordinary course of post.

                Compare
                  Notes
                  • Section 394(4)(c): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).