Plain language law

New Zealand law explained for everyone

Companies Act 1993

Miscellaneous

389: Service of documents on overseas companies in legal proceedings

You could also call this:

“How to give legal documents to overseas companies in New Zealand”

If you need to give important papers to a company from another country that’s doing business in New Zealand, there are special rules you need to follow. These papers could be things like court orders or notices.

You can give these papers to the company in a few different ways. You can hand them to a director of the company who lives in New Zealand. Or, you can give them to someone the company has said can accept papers for them in New Zealand. Another way is to give the papers to an employee at the company’s office in New Zealand. If the company has more than one office, you should go to their main office.

Sometimes, a court might tell you a specific way to give the papers to the company. If that happens, you should do what the court says. You can also give the papers to the company in a way that you and the company have agreed on before.

It’s important to remember that these are the only ways you’re allowed to give legal papers to an overseas company in New Zealand. You can’t use any other method.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323274.

Topics:
Business > Industry rules
Business > Fair trading
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Part 22 Miscellaneous

389Service of documents on overseas companies in legal proceedings

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

  2. by delivery to a person named in the overseas register as a director of the overseas company and who is resident in New Zealand; or
    1. by delivery to a person named in the overseas register as being authorised to accept service in New Zealand of documents on behalf of the overseas company; or
      1. by delivery to an employee of the overseas company at the overseas company's place of business in New Zealand or, if the overseas company has more than 1 place of business in New Zealand, at the overseas company's principal place of business in New Zealand; 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 overseas company.

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