Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Giving, providing, or serving notices or documents

54A: Notices or other documents given, provided, or served by regulator

You could also call this:

"How the regulator sends you important documents or notices"

When the regulator gives you a notice or document, it is treated as given if it is sent to you in certain ways. If you have told the regulator your address, it can be sent by prepaid post to that address. The regulator can also give you a notice or document in other ways, such as leaving it on your land and sending a copy to your lawyer, or sending it to your electronic address if you have one. If you have a home or business in New Zealand, the regulator can send it by prepaid post to that address.

If you have someone acting for you in New Zealand, the regulator can send the notice or document to them instead. This applies even if your agent is not acting for you in the specific matter related to the document. The regulator can give you a notice or document about land you own or are involved with, if you have done something wrong under the Overseas Investment Act, such as contravened the Act, or failed to comply with a notice under section 38, 39, 40, or 41.

This section of the law applies even if there are other rules or laws that say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS111936.


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Part 2Consent and conditions regime
Enforcement: Giving, providing, or serving notices or documents

54ANotices or other documents given, provided, or served by regulator

  1. Any notice or other document that the regulator may or must give to, provide to, or serve on any person (A) by or under this Act or for the purposes of any proceeding under this Act must be treated as having been given, provided, or served on A if,—

  2. if A is a person who has complied with section 54, it has been sent by prepaid post to the last address for service for the person that has been notified to the regulator:
    1. in any other case, it has been served in any of the following ways:
      1. by leaving the document for A in a prominent position on the relevant land (whether or not A is in possession of that land) and sending a copy of the document to any lawyer or conveyancer who provided conveyancing services to A in respect of the land (where lawyer and conveyancer have the same meanings as in the Lawyers and Conveyancers Act 2006):
        1. if A has a known electronic address, by sending it to A at that address in electronic form:
          1. if A has a known place of residence or business in New Zealand, by sending it by prepaid post addressed to A at that place of residence or business:
            1. if A has an agent in New Zealand and A is absent from New Zealand, by sending it by prepaid post addressed to the agent at the agent’s place of residence or business or by sending it in electronic form to the agent at the agent’s electronic address.
            2. In subsection (1)(b)(i), relevant land means any land in respect of which A has (or is alleged to have)—

            3. contravened this Act; or
              1. committed an offence under this Act; or
                1. failed to comply with a notice under section 38, 39, 40, or 41; or
                  1. failed to comply with a condition of a consent, an exemption, an exemption certificate, a direction order, or an interim direction order.
                    1. Subsection (1)(b)(iv) applies regardless of whether the agent is acting or has acted on behalf of A in respect of the matter to which the document relates.

                    2. This section applies despite any other rule or law.

                    Notes
                    • Section 54A: inserted, on , by section 45 of the Overseas Investment Amendment Act 2018 (2018 No 25).
                    • Section 54A(2)(d): amended, on , by section 47 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).