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Arms Act 1983

Miscellaneous provisions - Other miscellaneous provisions

72A: Service of documents

You could also call this:

"How documents are given to you"

Illustration for Arms Act 1983

When a document needs to be given to you, it must be in writing. You can get it by hand, or it can be left at your home or work. It can also be sent to you in the mail or to your email. If you are not at home, the document can be given to someone who is 16 or older who lives with you. It can also be given to your lawyer or agent if they are allowed to take it for you. If you have died, the document can be given to the person who is looking after your things. If you are not in New Zealand and your address is not known, the document can be given in a way that the District Court says is okay. If the document is sent in the mail, it is considered given to you on the fourth working day after it was sent if you are in New Zealand. If you are outside New Zealand, it is considered given to you on the 60th working day after it was sent. The District Court can also say how a document should be given to you, or they can say it does not need to be given at all. This rule does not apply if you are in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73361.

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Part 9Miscellaneous provisions
Other miscellaneous provisions

72AService of documents

  1. Any notice or other document required or authorised by this Act to be served on or given to any person shall be in writing and shall be sufficiently served on or given to that person if it is—

  2. delivered to that person; or
    1. left at that person's usual or last known place of abode or business or at an address specified by that person for the purpose of any application made under this Act; or
      1. posted in a letter addressed to that person by name at that person's last known place of abode or business or at an address specified by that person for the purpose of any application made under this Act; or
        1. transmitted to an electronic address that the person has provided as an address for service; or
          1. made available to that person electronically through the registry, so long as an email is sent to an address supplied by the person to tell them that the notice or other document has been made available and the person has agreed to receive notices or documents in that way.

            1. Without limiting the provisions of subsection (1), any notice or other document required or authorised by this Act to be served on or given to any person shall be deemed to have been duly served on or given to that person if it is given—

            2. to any person appearing to have attained the age of 16 years and to be residing at the place of residence of that person; or
              1. to any solicitor or other agent of that person who is duly authorised by that person to receive the same.

                1. If the person is deceased, the notice or other document may be served on or given to that person's personal representatives.

                2. If the person is absent from New Zealand and his or her place of abode or business outside New Zealand is not known to the person by whom the notice or other document is to be served or given, the notice or other document shall (unless it can be served on or given to an agent in New Zealand of the person who is absent from New Zealand) be served or given in such manner as may be directed by an order of the District Court.

                3. Where any notice or other document is sent by post in accordance with subsection (1)(c),—

                4. it shall, if sent to an address in New Zealand, be deemed, in the absence of evidence to the contrary, to have been served or given on the fourth working day after the date on which it was posted; and
                  1. it shall, if sent to an address outside New Zealand, be deemed in the absence of evidence to the contrary, to have been served or given on the 60th working day after the date on which it was posted; and
                    1. in proving service, it shall be sufficient to prove that the letter was properly addressed and posted.

                      1. Notwithstanding anything in the foregoing provisions of this section, the District Court may in any case make an order directing the manner in which any notice or other document is to be served or given, or dispensing with the service or giving thereof.

                      2. This section does not apply to notices or other documents served or given in any proceedings in any court.

                      Notes
                      • Section 72A: inserted, on , by section 30 of the Arms Amendment Act 1992 (1992 No 95).
                      • Section 72A(1)(ca): inserted, on , by section 7 of the Arms (Licence Holders' Applications for New Licences) Amendment Act 2022 (2022 No 69).
                      • Section 72A(1)(d): inserted, on , by section 98 of the Arms Legislation Act 2020 (2020 No 23).
                      • Section 72A(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                      • Section 72A(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).