Plain language law

New Zealand law explained for everyone

Companies Act 1993

Registrar of Companies

364: Notice by Registrar

You could also call this:

“How the Registrar informs you about Companies Act matters”

When the Registrar needs to give you a notice under this Act, they will do it in writing. They will choose a way that they think is best for the situation.

The Registrar has different ways to give you the notice. They can have someone deliver it to you in person. They can send it by post or courier to your last known address. They can also send it to a document exchange you’re using. If you have a fax machine, they might send it there. Sometimes, they might even put the notice in a newspaper or other publication in the area where you live or where they think you live.

There’s another part of this Act, Section 392, that also applies to how the Registrar gives notices. It might be changed a bit to fit this situation, but it still counts.

If there’s a copy of a notice that looks like it’s from the Registrar, it can be used as proof in legal cases. For this to work, the Registrar or someone they’ve chosen must say that the copy came from a computer or other device that stores information. This makes the copy as good as the original notice in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323212.

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Part 20 Registrar of Companies

364Notice by Registrar

  1. A notice that the Registrar is required by this Act to give to a natural person, must be given in writing and in a manner that the Registrar considers appropriate in the circumstances.

  2. Without limiting subsection (1), the Registrar may give notice in writing to a natural person by—

  3. having it delivered to that person; or
    1. posting it, or delivering it by courier, to that person at his or her last known address, or delivering it to a document exchange which that person is using at the time; or
      1. sending it by facsimile machine to a telephone number used by that person for transmission of documents by facsimile; or
        1. having it published in a newspaper or other publication in circulation in the area where that person lives or is believed to live.

          1. Section 392 shall apply, with such modifications as may be necessary, in respect of the giving of notices by the Registrar.

          2. A document that—

          3. appears to be a copy of a notice given by the Registrar; and
            1. is certified by the Registrar, or by a person authorised by the Registrar, as having been derived from a device or facility that records or stores information electronically or by other means—
                1. is admissible in legal proceedings as a copy of the notice.