Copyright Act 1994

Border protection measures

135B: Notice

You could also call this:

"How you get and prove official notices from the government"

You can get a notice from the chief executive under section 135A(2)(a) or (b) in different ways. The chief executive can give you a notice by handing it to you, or by posting it to your last known address. They can also send it to you by fax or email if they have your fax number or email address. If you get a notice by post, it is considered received when it would normally arrive. To prove you got the notice, it is enough to show that it was addressed and posted correctly. If you do not prove otherwise, the notice is considered posted on the date it was written. If a notice is sent to your fax number, you are considered to have got it the day after it was sent. To prove it was sent, it is enough to show that a fax machine sent it to your number. If a notice is sent to you by email, you are considered to have got it no more than two days after it was sent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151749.

This page was last updated on 3 December 2025 — View changes

Topics:

Government and voting > Government departmentsCrime and justice > Courts and legal help

135A: Detention of items suspected of being pirated copies, or

"Stopping Fake Copies at the Border"

135C: Release of items, or

"Getting your items back if they are no longer being held by the law"

Part 7Border protection measures

135BNotice

The chief executive may give notice to a person under section 135A(2)(a) or (b)—
by personal delivery to the person; or
by posting it to the last known address of the person; or
by sending it by fax to the last known fax number of the person; or
if the person has a known email address, by sending it to the person at that address by email.

A notice that is posted to a person must be treated as received by the person when it would have been delivered in the ordinary course of post and, in proving delivery,—
it is sufficient to prove that the letter was properly addressed and posted; and
in the absence of proof to the contrary, the notice must be treated as having been posted on the day on which it was dated.

A notice that is sent to a person at a fax number must, in the absence of proof to the contrary, be treated as received by the person on the day after the date on which it is sent, and in proving sending, it is sufficient to prove that a fax machine generated a record of the transmission of the notice to the fax number.
A notice that is sent to a person by email must, in the absence of proof to the contrary, be treated as received by the person not later than 2 days after the date on which it is sent.

Notes

Section 135B: inserted, on 30 December 2018, by section 10 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).