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Land Transport Act 1998

Miscellaneous provisions

210: How notices and requests are given, served, or made

You could also call this:

“Rules for sending and receiving notices and requests about driving and vehicles”

This section explains how you can receive notices or requests under the Land Transport Act 1998. If someone needs to give you a notice or make a request, they can do it in several ways:

They can hand it to you directly. They can also leave it at your home or work, or at an address you’ve given when you applied for something related to vehicles or driving.

Another way is to send it to you. They might post it to your home, work, or the address you provided. They can also send it electronically to your email or other electronic address.

If they send it by post, it’s considered delivered when it would normally arrive in the mail. If they send it electronically, it’s considered delivered when it enters a system you don’t control, like your email server.

Your electronic address is one you’ve given to authorities, or the last one they know about.

This doesn’t apply to infringement notices, which have their own rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435644.

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Part 15 Miscellaneous provisions

210How notices and requests are given, served, or made

  1. This section describes—

  2. how a notice required to be given or sent to a person, or served on a person, under this Act (other than an infringement notice) may be given, sent, or served; and
    1. how a request in writing to a person under section 118 may be made.

      1. The notice or request may be given, sent, served, or made by—

      2. delivering it to the person; or
        1. leaving it at—
          1. the person’s usual or last known place of residence or business; or
            1. at the address specified by the person in any application or other document under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or
            2. sending it—
              1. by post addressed to the person at the place or address referred to in paragraph (b); or
                1. by electronic means addressed to the person at their electronic address.

                2. A notice or request that is, in accordance with subsection (2)(c), sent to a person—

                3. by post must, unless the contrary is shown, be treated as having been given, sent, served, or made 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. by electronic means must, unless the contrary is shown, be treated as having been given, sent, served, or made at the time the electronic communication first enters an information system that is outside the control of the person giving or serving the notice or making the request and, in proving the sending, it is sufficient to prove that the electronic communication was properly addressed and sent.

                    1. In this section, unless the context otherwise requires, electronic address, in relation to a person, means—

                    2. an electronic address that the person has given to an enforcement authority; or
                      1. otherwise, the person’s last known electronic address.

                        Notes
                        • Section 210: replaced, on , by section 34 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).