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Customs and Excise Act 2018

Final and miscellaneous provisions - Miscellaneous provisions - Giving of notices

423: Giving notice to companies

You could also call this:

"Telling companies important information: how and where to give them notices"

Illustration for Customs and Excise Act 2018

When you need to give notice to a company, the chief executive or a Customs officer can do it in several ways. They can post it to the company's registered office or leave it there. They can also deliver it to a director of the company, an employee at the company's head office, or to a document exchange box the company uses.

The chief executive or a Customs officer can also send the notice by fax machine to the company's office or by electronic means to the company's contact electronic address. If the company has a registered user, the notice can be sent electronically to that user.

For overseas companies, the notice can be given in similar ways, such as delivering it to a director or employee in New Zealand, or sending it by fax or electronic means. The meanings of some terms like "company" and "overseas company" are explained in section 2(1) of the Companies Act 1993.

A company's contact electronic address can be an email address provided by the company, the last known email address of someone acting for the company, or another email address that the company is likely to check. You can also find more information about giving notice in section 424.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039916.

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424: Giving notice to bodies corporate other than companies, or

"How customs officers give notices to organisations that are not companies"

Part 6Final and miscellaneous provisions
Miscellaneous provisions: Giving of notices

423Giving notice to companies

  1. The chief executive, or a Customs officer, may give notice to a company under this Act by—

  2. posting it to, or leaving it at, the company's registered office; or
    1. delivering it to a person named on the New Zealand register as a director of the company; or
      1. delivering it to an employee of the company at the company's head office or principal place of business; or
        1. delivering it to a box at a document exchange that the company is using at the time; or
          1. sending it by fax machine to the company's registered office, head office, or principal place of business; or
            1. sending it by electronic means to the company’s contact electronic address; or
              1. if the company, or a director, employee, or agent of the company, is a registered user, sending it by electronic means to the registered user using the registered user system.

                1. The chief executive, or a Customs officer, may give notice to an overseas company under this Act by—

                2. delivering it to a person who is—
                  1. named in the overseas register as a director of the overseas company; and
                    1. resident in New Zealand; or
                    2. delivering it to a person named in the overseas register as being authorised to accept service in New Zealand of documents on behalf of the overseas company; or
                      1. delivering it to an employee of the overseas company at the overseas company's principal place of business in New Zealand; or
                        1. posting it to the overseas company's principal place of business in New Zealand; or
                          1. delivering it to a box at a document exchange in New Zealand that the overseas company is using at the time; or
                            1. sending it by fax machine to the overseas company’s principal place of business in New Zealand; or
                              1. sending it by electronic means to the overseas company’s contact electronic address; or
                                1. if the overseas company, or a director, employee, or agent of the overseas company, is a registered user, sending it by electronic means to the registered user using the registered user system.

                                  1. In this section and section 424, company, New Zealand register, overseas company, and overseas register have the meanings given to those terms in section 2(1) of the Companies Act 1993.

                                  2. For the purposes of this section, a company’s or an overseas company’s contact electronic address is any of the following:

                                  3. an email or other electronic address of the company or overseas company provided to Customs by a person acting for or on behalf of the company or overseas company in relation to the relevant matter:
                                    1. the last known email or other electronic address of a person acting for or on behalf of the company or overseas company in relation to the relevant matter:
                                      1. an email or other electronic address of the company or overseas company that is otherwise available, if there are reasonable grounds to suppose that a person acting for or on behalf of the company or overseas company in relation to the relevant matter will receive the communication.

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