Overseas Investment Act 2005

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

55A: Proof that documents given, provided, or served

You could also call this:

"How to prove you sent important documents correctly"

When you send a document by post, it is considered given when it would normally be delivered. To prove this, you just need to show that the letter was addressed and posted correctly.

If you send a document electronically, it is considered given when it first enters a system outside of your control. To prove this, you need to show that the document was addressed and sent correctly.

In this case, an information system is a way of sending, receiving, or storing electronic communications, like emails or messages, as explained in the context of the Overseas Investment Act 2005, which was amended by the Overseas Investment Amendment Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS111940.


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

55AProof that documents given, provided, or served

  1. If a document is given, provided, or served by sending it by prepaid post, then, unless the contrary is shown, the document is given, provided, or served when it would have been delivered in the ordinary course of post, and, in proving that the document was given, provided, or served, it is sufficient to prove that the letter concerned was properly addressed and posted.

  2. If a document is given, provided, or served by sending it in electronic form, then, unless the contrary is shown, the document is given, provided, or served at the time that the electronic communication first enters an information system that is outside the control of the document's originator, and, in proving that the document was given, provided, or served, it is sufficient to prove that the document concerned was properly addressed and sent.

  3. In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

Notes
  • Section 55A: inserted, on , by section 45 of the Overseas Investment Amendment Act 2018 (2018 No 25).