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Deposit Takers Act 2023

Miscellaneous - Other miscellaneous provisions

474: How notices, directions, and other documents must be given

You could also call this:

"How to give important papers to someone, like notices and directions, in a legal way"

Illustration for Deposit Takers Act 2023

When you need to give someone a notice, direction, or document, you must follow certain rules. You have to give it to them in writing. If you are giving it to an individual, you can deliver it to them personally, send it by post to their home or work, or send it to their email address.

You can also give it to them in another way if a District Court Judge says it is okay. If you are giving it to a company, you have to follow the rules in the Companies Act 1993.

If the person you are trying to give the notice to is not in New Zealand, you can give it to their agent in New Zealand instead. If the person has died, you can give the notice to their personal representative.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS499943.

Topics:
Money and consumer rights > Banking and loansBusiness > Industry rules
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"When notices and documents are considered delivered"

Part 8Miscellaneous
Other miscellaneous provisions

474How notices, directions, and other documents must be given

  1. This section and section 475 apply (unless this Act provides otherwise) if a provision of this Act requires or authorises any notice, direction, or other document, or any notification, to be given or provided to a person.

  2. The notice, direction, document, or notification must be in writing and must, in the case of a notice, direction, document, or notification being given or provided to—

  3. an individual, be given—
    1. by delivering it personally or by an agent (such as a courier) to the person; 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's email address provided by the person for the purpose; or
          1. in any other manner a District Court Judge directs:
          2. a company within the meaning of the Companies Act 1993, be served in a manner provided for in section 387(1) or 388 of that Act:
            1. an overseas company, be served in a manner provided for in section 389(1) or 390 of the Companies Act 1993:
              1. any other body corporate, be served in a manner in which it could be given or served if the body corporate were a company within the meaning of the Companies Act 1993.

                1. If a person is absent from New Zealand, a notice, direction, document, or notification given to the person's agent in New Zealand in accordance with subsection (2) must be treated as having been given or provided to the person.

                2. If a person has died, the notice, direction, document, or notification may be given, in accordance with subsection (2), to their personal representative.