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Customs and Excise Act 2018

Final and miscellaneous provisions - Miscellaneous provisions - Giving of notices

426: Receipt of notices

You could also call this:

"How notices are considered delivered to someone"

Illustration for Customs and Excise Act 2018

When you send a notice, it is treated as given in different ways. If you post it, it is treated as given five working days after it is posted. If you deliver it to a document exchange, it is also treated as given five working days after it is delivered.

If you send a notice by fax machine, it is treated as given on the first working day after it is sent. If you send it by electronic means, it is treated as given on the first working day after it is sent. To prove you gave notice by post or delivery to a document exchange, you must show the document was properly addressed, all charges were paid, and it was posted or delivered.

To prove you gave notice by fax machine, you must show it was properly transmitted by fax machine to the person concerned. For electronic means, you must prove the notice was properly transmitted to the contact electronic address, or in accordance with the normal operating procedure of the registered user system, as specified in section 423(1)(f) or (2)(g), 424(1)(f), or 425(1)(e), or section 423(1)(g) or (2)(h), 424(1)(g), or 425(1)(f). You can not treat a notice as given if the person it was sent to proves they did not receive it through no fault of their own.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039924.

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

426Receipt of notices

  1. For the purposes of this Act, a notice is treated as having been given—

  2. if it is posted, 5 working days after it is posted:
    1. if it is delivered to a document exchange, 5 working days after it is delivered:
      1. if it is sent to a fax machine, on the first working day following the day on which it was sent:
        1. if it is sent by electronic means, on the first working day following the day on which it was sent.

          1. In proving the giving of notice—

          2. by post or by delivery to a document exchange, it is sufficient to prove that—
            1. the document was properly addressed; and
              1. all postal or delivery charges were paid; and
                1. the document was posted or was delivered to the document exchange:
                2. by fax machine, it is sufficient to prove that the document was properly transmitted by fax machine to the person concerned:
                  1. by electronic means under section 423(1)(f) or (2)(g), 424(1)(f), or 425(1)(e), it is sufficient to prove that the notice was properly transmitted to the contact electronic address in question:
                    1. by electronic means under section 423(1)(g) or (2)(h), 424(1)(g), or 425(1)(f), it is sufficient to prove that the notice was properly transmitted by electronic means in accordance with the normal operating procedure of the registered user system.

                      1. A notice is not to be treated as having been given to a person if that person proves that, through no fault on their part, the notice was not received within the time specified or at all.

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