Social Security Act 2018

Other provisions - Regulations

449: Regulations: ways MSD or person can meet requirement to give notice or other document

You could also call this:

“Rules for sending and receiving important papers in social security”

The Governor-General can make rules about how the Ministry of Social Development (MSD) or other people can give notices or documents. These rules can say different ways to give documents to regular people and to government workers. Some ways might be:

  1. Handing the document to the person
  2. Leaving it at or mailing it to an address the rules say to use
  3. Sending it electronically if the person agrees, following the Contract and Commercial Law Act 2017

The rules can also say when documents given in these ways are considered received.

These rules work with other parts of the Social Security Act about giving notices. They also follow the Legislation Act 2019 for how they should be published.

Remember, there are special rules for notices about sanctions, and these general rules work alongside other specific rules in the Social Security Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784022.

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Part 8 Other provisions
Regulations

449Regulations: ways MSD or person can meet requirement to give notice or other document

  1. The Governor-General may, by Order in Council, make regulations for the purposes of section 364.

  2. Regulations made under subsection (1) may (without limitation) do all or any of the following:

  3. provide for different ways of giving a document to an individual (other than an officer or employee in the service of the Crown in that person’s official capacity), and to an officer or employee in the service of the Crown in that person’s official capacity, including (without limitation) all or any of the following ways:
    1. giving personally in hard-copy form:
      1. leaving at or posting to an address prescribed by the regulations:
        1. giving by an electronic means (with the individual’s express or inferred consent) in accordance with Part 4 of the Contract and Commercial Law Act 2017:
        2. provide when documents given in different prescribed ways are, in the absence of evidence to the contrary, taken to have been received.
          1. This section is subject to section 254 (how notice of sanction may be given), and regulations made under this section operate under sections 392(2), 400(2), and 412(2).

          2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Compare
          Notes
          • Section 449(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).