Customer and Product Data Act 2025

Administrative matters - Miscellaneous

146: Service of notices

You could also call this:

"How you might receive important notices about customer and product data"

When someone needs to send you an important notice about customer and product data, they have different ways to do it. If you're an individual, they can give it to you in person or send it by post to your home or work. They can also email it to you if you've given them your email address. Sometimes, a judge might say they can use a different way to give you the notice.

For companies in New Zealand, there are special rules about how they can receive notices. These rules are in the Companies Act 1993. There are also rules for companies from other countries that operate in New Zealand.

If someone sends you a notice by post, it's considered delivered when it would normally arrive in the mail. If they email it to you, it's considered delivered two working days after they send it.

If you're not in New Zealand, they can give the notice to someone who represents you in New Zealand. If you've died, they can give the notice to the person who's handling your affairs.

Remember, these rules are about important notices related to customer and product data, so it's good to know how you might receive them.

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


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Part 5Administrative matters
Miscellaneous

146Service of notices

  1. A notice required or authorised to be served on any person for the purposes of section 29 or 53 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.

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