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Financial Markets Authority Act 2011

General information-gathering and enforcement powers - Miscellaneous provisions relating to powers - Other miscellaneous provisions

63: Service of notices

You could also call this:

“How to send and receive important legal messages”

When someone needs to send you a notice or document for this part of the law, they have different ways to do it. If you’re a person, they can give it to you in person, send it by post to your home or work, email or fax it to you, or do it another way if a judge says so. If you’re a company in New Zealand, they’ll follow the rules in the Companies Act 1993. If you’re an overseas company, there are special rules for that too. For other types of businesses, they’ll treat you like a New Zealand company.

If someone sends you a notice by post, it’s considered delivered when it would normally arrive, even if you didn’t actually get it. They just need to show they sent it to the right address. If they email or fax it to you, it’s considered delivered two working days after they send it.

If you’re not in New Zealand, they can give the notice to someone who acts for you in New Zealand, and it counts as if they gave it to you. If you’ve died, they can give the notice to the person handling your affairs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3231756.

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62: Notices, or

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Part 3 General information-gathering and enforcement powers
Miscellaneous provisions relating to powers: Other miscellaneous provisions

63Service of notices

  1. Any notice or other document required or authorised to be served on any person for the purposes of this Part may—

  2. be served on an individual—
    1. by delivering it personally or by an agent (such as a courier) to the person; or
      1. by sending it by post addressed to the person at the person's usual or last known place of residence or business; or
        1. by sending it by fax or email to the person's fax number or email address provided by the person for the purpose; or
          1. in any other manner a District Court Judge directs:
          2. be served on a company, within the meaning of the Companies Act 1993, in a manner provided for in section 388 of that Act:
            1. be served on an overseas company in a manner provided for in section 390 of the Companies Act 1993:
              1. be served on any other body corporate in a manner in which it could be served if the body corporate were a company within the meaning of the Companies Act 1993.

                1. In the absence of proof to the contrary, a notice, document, or notification sent to a person in accordance with—

                2. subsection (1)(a)(ii) must be treated as having been served on the person when it would have been delivered in the ordinary course of post; and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted:
                  1. subsection (1)(a)(iii) must be treated as having been served on the person on the second working day after the day on which it is sent.

                    1. Section 392 of the Companies Act 1993 applies for the purposes of subsection (1)(b) to (d).

                    2. If a person is absent from New Zealand, a notice served on the person's agent in New Zealand in accordance with subsection (1) must be treated as having been served on the person.

                    3. If a person has died, the notice may be served, in accordance with subsection (1), on his or her personal representative.