Plain language law

New Zealand law explained for everyone

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.

Customer and Product Data Bill

Administrative matters - Miscellaneous

140: Service of notices

You could also call this:

“How to properly send official notices to people and businesses”

The new law wants to explain how to give notices to people for certain parts of the Customer and Product Data Bill. Here’s what it says:

If you need to give a notice to a person, you can do it in different ways. You can hand it to them in person or use a courier. You can also send it by post to their home or work. Another way is to email it if they’ve given you their email address. If none of these work, a judge can tell you another way to do it.

For companies in New Zealand, you’ll need to follow the rules in the Companies Act 1993. There are also special rules for overseas companies.

The law says when a notice is considered delivered. If you send it by post, it’s treated as delivered when it would normally arrive. If you send it by email, it’s treated as delivered two working days later.

If someone is not in New Zealand, you can give the notice to their agent in New Zealand. If the person has died, you can give the notice to the person handling their affairs.

Remember, this is just a proposed law, not the current law.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS823171.

Previous

139: Notices, or

“How the government sends you important messages about this law”

Next

141: Principal Act, or

“This bill aims to change the Disputes Tribunal Act 1988”

Part 5 Administrative matters
Miscellaneous

140Service of notices

  1. A notice required or authorised to be served on any person for the purposes of section 29 or 54 may—

  2. be served on an individual—
    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. be served on a company, within the meaning of the Companies Act 1993, in a manner provided for in section 388 of that Act:
            1. be served on an overseas company in a manner provided for in section 390 of the Companies Act 1993:
              1. be served on any other body corporate in a manner in which it could be served if the body corporate were a company within the meaning of the Companies Act 1993.

                1. In the absence of proof to the contrary, a notice sent to a person in accordance with—

                2. subsection (1)(a)(ii) must be treated as having been served on the person when it would have been delivered in the ordinary course of post; and, in proving the delivery, it is sufficient to prove that the notice was properly addressed and posted:
                  1. subsection (1)(a)(iii) must be treated as having been served on the person on the second working day after the day on which it is sent.

                    1. Section 392 of the Companies Act 1993 applies for the purposes of subsection (1)(b) to (d).

                    2. If a person is absent from New Zealand, a notice served on the person's agent in New Zealand in accordance with subsection (1) must be treated as having been served on the person.

                    3. If a person has died, the notice may be served, in accordance with subsection (1), on their personal representative.