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Social Security Act 2018

Enforcement: sanctions and offences - Sanctions for breach of obligations other than young person or young parent obligations - Procedure for imposing sanction

254: How notice of sanction or of non-financial sanction may be given

You could also call this:

"How you are told about a sanction or penalty"

If you get a sanction or a non-financial sanction, the Ministry of Social Development (MSD) can tell you about it in several ways. They can give you a notice in person, or they can send it to you electronically if you have agreed to this. MSD can also leave the notice at your home or workplace, or at the address you gave them. They can even post the notice to you at one of these addresses.

The notice is considered given to you as soon as it is delivered, left, or posted. MSD follows rules about electronic transactions, which are outlined in Part 4 (Electronic transactions) of the Contract and Commercial Law Act 2017. This means they have to follow certain steps when sending you electronic notices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783663.

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253: Notice relates to single failure, or

"One notice covers one mistake, even if it mentions many"

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255: Breach of obligation in relation to dependent children: additional steps before notice may be given, or

"Ministry must talk to you three times before sending a notice about not meeting obligations for your kids"

Part 5Enforcement: sanctions and offences
Sanctions for breach of obligations other than young person or young parent obligations: Procedure for imposing sanction

254How notice of sanction or of non-financial sanction may be given

  1. MSD may give a person (P) a section 252 notice or a section 252A notice—

  2. by delivering it to P personally; or
    1. by delivering it to P by electronic means (with the individual’s express or inferred consent) in accordance with Part 4 (Electronic transactions) of the Contract and Commercial Law Act 2017; or
      1. by leaving it—
        1. at P’s usual or last known place of residence or business; or
          1. at the address given in the most recent application or other document received by MSD from P; or
          2. by posting it in a letter addressed to P at that place of residence or business or at that address.

            1. The notice is given to P when it is delivered, left, or posted, as the case may be.

            Compare
            Notes
            • Section 254 heading: amended, on , by section 27(1) of the Social Security Amendment Act 2025 (2025 No 25).
            • Section 254(1): amended, on , by section 27(2) of the Social Security Amendment Act 2025 (2025 No 25).