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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Miscellaneous provisions - Other miscellaneous provisions

120: Service of notices

You could also call this:

"How to give official notices to people or companies"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can serve notices to people in different ways. If the person is a company, you can serve the notice as stated in the Companies Act 1993. You can serve notices to individuals by delivering them personally, sending them by post, fax, or email. You can also serve notices to individuals in other ways a High Court Judge directs. If you send a notice by post, it is treated as served when it would have been delivered in the ordinary course of post. If you send a notice by fax or email, it is treated as served on the second working day after it is sent. If a person is not in New Zealand, you can serve the notice on their agent in New Zealand. The section 392 of the Companies Act 1993 also applies to serving notices on companies and other bodies corporate.

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119: Notices, or

"Rules for Serving Official Notices"

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Part 4Registration, enforcement, and miscellaneous provisions
Miscellaneous provisions: Other miscellaneous provisions

120Service of notices

  1. Any notice required or authorised to be served on any person for the purposes of this Part may—

  2. be served on a company, within the meaning of the Companies Act 1993, in a manner provided for in section 388 of that Act:
    1. be served on an overseas company in a manner provided for in section 390 of the Companies Act 1993:
      1. be served on any other body corporate in a manner in which it could be served if the body corporate were a company within the meaning of the Companies Act 1993:
        1. be served on an individual—
          1. by delivering it personally or by an agent (such as a courier) to the person; or
            1. by sending it by post addressed to the person at the person's usual or last known place of residence or business; or
              1. by sending it by fax or email to the person's fax number or email address provided by the person for the purpose; or
                1. in any other manner that a High Court Judge directs.

                2. Section 392 of the Companies Act 1993 applies for the purposes of subsection (1)(a) to (c).

                3. In the absence of proof to the contrary, a notice, document, or notification sent to a person in accordance with—

                4. subsection (1)(d)(ii) must be treated as having been served on the person 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. subsection (1)(d)(iii) must be treated as having been served on the person on the second working day after the date on which it is sent.

                    1. If a person is absent from New Zealand, a notice served on the person's agent in New Zealand in accordance with subsection (1) must be treated as having been served on the person.