This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Service of documents and appeals - Service of documents

206: Service of documents

You could also call this:

"How documents are given to people under the Emergency Management Bill"

Illustration for Emergency Management Bill (No 2)

If someone needs to give you a document for the Emergency Management Bill, they must do it in writing. They can give it to you by hand, send it by post to your home or work, or email it to you. They need to use an address where you usually live or work, or an email address you use. If a group, like a company, needs to get a document, it's like they got it if an officer of the group or their office gets it. The same rule applies if the document is for an Emergency Management Committee or a partnership. If someone sends you a document by post, it's assumed you got it when it would have arrived normally. To prove it was sent, they just need to show it was addressed and posted correctly. If someone emails you a document, it's assumed you got it the next working day. To prove it was emailed, they just need to show it was addressed and sent to your email address correctly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022585.

This page was last updated on View changes


Previous

205: Absence on duty not to affect employment rights, or

"Helping with emergencies won't cost you your job"


Next

207: Appeals, or

"Challenging a Decision: How to Appeal"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Service of documents and appeals: Service of documents

206Service of documents

  1. If a document is to be served on a person for the purposes of this Act, it must be given in writing to the person—

  2. by delivering it personally to the person (other than a Minister of the Crown) or by an agent (such as a courier); or
    1. by sending it by post addressed to the person at the person’s usual or last known place of residence or business; or
      1. by sending it by email to the person at an email address that is used by the person.
        1. If a document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) must be treated as service on the body.

        2. If a document is to be served on an Emergency Management Committee for the purposes of this Act, service on the chairperson of the Committee or the administering authority of the Committee in accordance with subsection (1) must be treated as service on the Committee.

        3. If a document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) must be treated as service on the partnership.

        4. In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(b) must be treated as having been received by the person when it would have been delivered in the ordinary course of the post.

        5. In proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

        6. In the absence of proof to the contrary, a document sent to a person in accordance with subsection (1)(c) must be treated as having been given or provided to the person on the next working day after the date on which it is emailed.

        7. In proving that the notice was emailed, it is sufficient to prove that it was properly addressed and sent to the email address.

        Compare
        • 2002 No 33 s 114