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391: Service of documents on shareholders and creditors
or “How companies send documents to shareholders and creditors”
You could also call this:

“Rules for delivering legal documents to people”

When you need to serve a document to someone, there are specific rules you must follow. If you’re giving the document to a person directly, you should hand it to them. If they don’t want to take it, you can leave it somewhere they can easily find it, as long as you make sure they know it’s there.

If you send a document by post or to a document exchange, it’s considered received five working days after you send it, unless a court decides on a shorter time. If you send it by fax, it’s considered received on the next working day. The same goes for emails - they’re considered received the working day after you send them.

To prove you’ve sent a document by post or to a document exchange, you need to show that you addressed it correctly, paid for postage or delivery, and actually posted it or took it to the document exchange. For faxes, you just need to show that you sent it properly to the right fax number. For emails, you need to prove that you addressed it correctly and sent it to the right email address.

However, if the person you’re sending the document to can prove that they didn’t get it in time, and it wasn’t their fault, then the document isn’t considered served.

These rules apply to the sections of the law from 387 to 391.

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Next up: 393: Privileged communications

or “Protecting private discussions between lawyers and clients”
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Part 22 Miscellaneous

392Additional provisions relating to service

  1. Subject to subsection (2), for the purposes of sections 387 to 391,—

  2. if a document is to be served by delivery to a natural person, service must be made—
    1. by handing the document to the person; or
      1. if the person refuses to accept the document, by bringing it to the attention of, and leaving it in a place accessible to, the person:
      2. a document posted or delivered to a document exchange is deemed to be received 5 working days, or any shorter period as the court may determine in a particular case, after it is posted or delivered:
        1. a document sent by facsimile machine is deemed to have been received on the working day following the day on which it was sent:
          1. a document sent by email is deemed to have been received on the working day following the day on which it was sent:
            1. in proving service of a document by post or by delivery to a document exchange, it is sufficient to prove that—
              1. the document was properly addressed; and
                1. all postal or delivery charges were paid; and
                  1. the document was posted or was delivered to the document exchange:
                  2. in proving service of a document by facsimile machine, it is sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned:
                    1. in proving service of a document by email, it is sufficient to prove that—
                      1. the document was properly addressed; and
                        1. the document was properly sent to the email address.

                        2. A document is not to be deemed to have been served or sent or delivered to a person if the person proves that, through no fault on the person's part, the document was not received within the time specified.

                        Notes
                        • Section 392(1)(ca): inserted, on , by section 22(1) of the Companies Amendment Act 2014 (2014 No 46).
                        • Section 392(1)(f): inserted, on , by section 22(2) of the Companies Amendment Act 2014 (2014 No 46).