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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Service of documents

324: Service of documents

You could also call this:

"How documents are given to people for the Natural Environment Bill"

Illustration for Natural Environment Bill

If a document needs to be given to you for the purposes of this proposed law, it can be delivered to you in person. It can also be left at your home or workplace, or sent to you by post or email. You can also agree on a different way for the document to be given to you. If the document is to start a court case, the court may have its own rules for how it should be given to you. The Electronic Courts and Tribunals Act 2016 still applies, even if this law says something different. If a document needs to be given to a government minister, it can be given to the chief executive of their department instead. If a document needs to be given to a company or organisation, it can be given to one of its officers or left at its registered office. If a document needs to be given to a partnership, it can be given to one of the partners. There are special rules for giving documents to government organisations. If you send a document by post, it is assumed to have been received by the person unless they can prove 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=LMS1532501.

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Part 6Enforcement and other matters
Miscellaneous: Service of documents

324Service of documents

  1. A notice or any other document required or authorised to be served on or given to a person for the purposes of this Act may be served or given by—

  2. delivering it to the person (other than a Minister of the Crown); or
    1. leaving it at the person’s usual or last known place of residence or business or at the address specified by the person in any notice, application, or other document given under this Act; or
      1. sending it by post to the person’s usual or last known place of residence or business or to the address specified by the person in any notice, application, or other document given under this Act; or
        1. emailing it to the person at an email address that is used by the person; or
          1. complying with a means of service prescribed in regulations made under section 307.

            1. However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.

            2. Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016.

            3. Where a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department of the public service in accordance with subsection (1) is treated as service on the Minister.

            4. Where a notice or other 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) is treated as service on the body.

            5. Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (5) is treated as service on the partnership.

            6. Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—

            7. by delivering it at the organisation's head office or principal place of business; or
              1. by sending it to the fax number or electronic address that the organisation has specified for its head office or principal place of business; or
                1. by a method agreed between the organisation and the person serving the notice or document.

                  1. Where a notice or other document is sent by post to a person in accordance with subsection (1)(b)(iii) or (iv), it is treated as, in the absence of proof to the contrary, being received by the person at the time at which the letter would have been delivered in the ordinary course of the post.