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New Zealand law explained for everyone

Fair Trading Act 1986

Miscellaneous provisions

47I: Service of notices

You could also call this:

“How you can be sent important legal notices and when they're considered received”

When someone needs to send you a notice for section 47G, they can do it in different ways. They can give it to you in person, leave it at your home or work, or send it to an address you gave to the Commission. They can also send it by mail or email.

If someone sends you a notice using a delivery service, it’s considered delivered when it would normally arrive. To prove it was sent, they just need to show it was properly addressed and given to the delivery service.

If someone emails you a notice, it’s usually considered received by you two working days after it was sent. To prove it was emailed, they just need to show it was properly addressed and sent to your email address.

If the notice needs to go to a group or organisation, it can be given to someone in charge, like a manager or secretary. When this happens, it’s treated as if everyone in the group got the notice, unless the Commission says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM97341.

Topics:
Business > Fair trading
Money and consumer rights > Consumer protection
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“Rules for official notices from the Commission”

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47J: Offence to contravene section 47G, or

“Breaking rules about giving information can get you in trouble”

Part 6 Miscellaneous provisions

47IService of notices

  1. Any notice that is authorised to be served on, or given to, any person for the purposes of section 47G may be served or given by—

  2. delivering it to that person; or
    1. leaving it at—
      1. his or her usual or last known place of residence or business; or
        1. at the address specified by him or her in any notice, application, or other document made, given, or tendered to the Commission under this Act; or
        2. posting it by letter addressed to him or her at that place of residence or business or at that address; or
          1. emailing it to the person at an email address that is used by the person.

            1. If any notice is sent to any person by a service that records delivery, then,—

            2. unless the contrary is proved, the notice must be treated as having been delivered to him or her when it would have been delivered in the ordinary course of business for that service; and
              1. in proving the delivery, it is sufficient to prove that the notice was properly addressed and provided to the service.

                1. In the absence of proof to the contrary, a notice that is emailed to a person must be treated as received by the person on the second working day after the date on which it is emailed, and, in proving that the notice was emailed, it is sufficient to prove that the notice was properly addressed and sent to the email address.

                2. If the notice is required to be served on an association or body of persons,—

                3. the notice may be served on the secretary, executive officer, manager, or other officer holding a similar position in the association or body; and
                  1. service on the association or body must, unless otherwise directed by the Commission, be treated as service on all persons who are members of the association or body, or who are represented on the association or body by those members.

                    Compare
                    Notes
                    • Section 47I: inserted, on , by section 15 of the Fair Trading Amendment Act 2003 (2003 No 31).
                    • Section 47I(1)(c): amended, on , by section 64(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                    • Section 47I(1)(d): inserted, on , by section 64(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                    • Section 47I(2): amended, on , by section 64(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                    • Section 47I(2)(a): amended, on , by section 64(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                    • Section 47I(2)(b): amended, on , by section 64(5) of the Electronic Interactions Reform Act 2017 (2017 No 50).
                    • Section 47I(2A): inserted, on , by section 64(6) of the Electronic Interactions Reform Act 2017 (2017 No 50).