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New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Other commercial matters - Lien for work done

343: How notice of sale is given to owner of goods

You could also call this:

“Ways to tell someone you're selling their stuff”

If you need to sell someone’s goods, you must give them a notice of sale. You can give this notice in different ways. You can hand it to the owner directly. You can leave it at the owner’s home or work, or at an address they’ve given you. You can also post it to one of these places.

If you send the notice by registered post, there are special rules. The notice is considered delivered when it would normally arrive in the post. To prove you sent it, you just need to show that you addressed the letter correctly and posted it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7067812.

Topics:
Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection
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342: Notice of sale to be given, or

"Seller must tell you before selling your things to pay off your debt"

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344: How money arising from sale is to be applied, or

"Money from selling goods must be used to pay costs and debts first"

Part 5 Other commercial matters
Lien for work done

343How notice of sale is given to owner of goods

  1. The notice of sale required by section 342(1)(a) may be given by—

  2. delivering it to the owner; or
    1. leaving it at the owner's usual or last known place of residence or business or at any address specified by the owner for that purpose; or
      1. posting it in a letter addressed to the owner at a place of residence or business, or an address, referred to in paragraph (b).

        1. If the notice is sent to the owner by registered post,—

        2. it must be treated as having been delivered to that person when it would have been delivered in the ordinary course of post; and
          1. in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

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