Plain language law

New Zealand law explained for everyone

Companies Act 1993

Miscellaneous

387A: Service of documents on directors in legal proceedings

You could also call this:

“How court papers can be given to company directors”

If you are a director of a company, this law tells you how legal papers can be given to you for court cases about your work as a director. There are six ways this can happen:

  1. Someone can hand the papers directly to you.
  2. They can leave the papers at your home address that’s listed in the company register.
  3. They can leave the papers at your company’s official address.
  4. They can follow special instructions given by the court about how to give you the papers.
  5. They can give you the papers in a way that you’ve agreed to.
  6. They can give the papers to an address or person that you or your lawyer have said is okay for receiving legal papers.

It’s important to know that in New Zealand, these are the only ways that legal papers can be given to you as a director. No other methods are allowed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6461845.

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387: Service of documents on companies in legal proceedings, or

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Part 22 Miscellaneous

387AService of documents on directors in legal proceedings

  1. A document, including a writ, summons, notice, or order, in any legal proceedings involving a director in his or her capacity as director may be served on the director as follows:

  2. by delivery to the director; or
    1. by leaving it at the director's residential address (as that address is shown in the register); 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 director; 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 director in New Zealand.

              Notes
              • Section 387A: inserted, on , by section 19 of the Companies Amendment Act 2014 (2014 No 46).