Plain language law

New Zealand law explained for everyone

Companies Act 1993

Miscellaneous

387: Service of documents on companies in legal proceedings

You could also call this:

“How to properly deliver legal documents to a company”

When you need to give a company official papers for legal reasons, there are specific ways you can do this. You can hand the papers to a person listed as a director of the company in the New Zealand register. Another way is to give them to an employee at the company’s main office. You can also leave the papers at the company’s official address. If a court tells you a special way to give the papers, you can follow those instructions. You might have an agreement with the company about how to give them papers, and you can use that method too. Lastly, you can give the papers to an address that the company has said is okay for receiving legal documents, or you can use a method that the company’s lawyer has agreed to accept.

These are the only ways you’re allowed to give legal papers to a company in New Zealand. You can’t use any other methods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323270.

Topics:
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387A: Service of documents on directors in legal proceedings, or

“How court papers can be given to company directors”

Part 22 Miscellaneous

387Service of documents on companies in legal proceedings

  1. A document, including a writ, summons, notice, or order, in any legal proceedings may be served on a company as follows:

  2. by delivery to a person named as a director of the company on the New Zealand register; or
    1. by delivery to an employee of the company at the company's head office or principal place of business; or
      1. by leaving it at the company's registered office or address for service; or
        1. by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceedings; or
          1. in accordance with an agreement made with the company; or
            1. by serving it at an address for service given in accordance with the rules of the court having jurisdiction in the proceedings or by such means as a solicitor has, in accordance with those rules, stated that the solicitor will accept service.

              1. The methods of service specified in subsection (1) are the only methods by which a document in legal proceedings may be served on a company in New Zealand.

              Notes
              • Section 387(1)(e): amended, on , by section 19 of the Companies Amendment Act 1998 (1998 No 31).
              • Section 387(1)(f): inserted, on , by section 19 of the Companies Amendment Act 1998 (1998 No 31).