Animal Welfare Act 1999

Miscellaneous provisions - Notices

185: Service of notices

You could also call this:

"How to give someone a written notice about animal welfare"

When you need to give someone a notice or document about animal welfare, it must be in writing. You can give it to them by delivering it to them, leaving it at their home or work, or posting it to them. If you post it, they are considered to have received it seven days after you sent it, unless you can prove otherwise. You need to prove you posted it by showing the letter was addressed and posted correctly.

If the person you are trying to give the notice to is not in New Zealand, you can give it to their agent in New Zealand instead. If the person has died, you can give the notice to their personal representatives. If you do not know who the person is, or they are not in New Zealand and do not have an agent, or they have died and do not have personal representatives, you must follow the directions of the District Court.

The District Court can also make an order about how to give someone a notice or document in special cases. This section does not apply to notices given in court cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51950.


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Part 9Miscellaneous provisions
Notices

185Service of notices

  1. Any notice or other document required or authorised by this Act to be served on or given to any person must be in writing and is sufficiently served or given if—

  2. it is delivered to that person; or
    1. it is left at that person's usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or
      1. it is posted in a letter addressed to that person by name at that place of abode or business or address.
        1. If the person is absent from New Zealand, the notice or other document may be served on or given to the person's agent in New Zealand.

        2. If the person is deceased, the notice or other document may be served on or given to the person's personal representatives.

        3. If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the District Court.

        4. If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the 7th day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted.

        5. Despite anything in subsections (1) to (5), the District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving of the notice or document.

        6. This section does not apply to notices or other documents served or given in any proceedings in any court.

        Notes
        • Section 185(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 185(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).