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Offshore Renewable Energy Bill

Administration and enforcement - Administration - Serving notices and other documents

127: Receipt of notices and other documents

You could also call this:

"How notices and documents are considered received"

Illustration for Offshore Renewable Energy Bill

If you send a notice or document to someone, it is treated as received in different ways. You can hand it to the person, or if they refuse to take it, you can leave it where they can access it. If you email it, the person is considered to have received it on the next working day.

If you post the document, the person is considered to have received it five working days later, unless a court decides on a shorter time. This also applies if you send it to a document exchange. When you need to prove that you sent a notice or document, you can show that you sent it to the correct email address or postal address, and that you paid any postal charges.

If you can prove that you did not receive a document because of something outside of your control, it is not considered to have been given to you. You must be able to show that it was not your fault that you did not get the document on time or at all.

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 It might be out of date or be missing some parts.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

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992307.

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Part 4Administration and enforcement
Administration: Serving notices and other documents

127Receipt of notices and other documents

  1. A notice or other document is treated as received,—

  2. if it is delivered to a natural person,—
    1. when it is handed to that person; or
      1. if the person refuses to accept the document, when it is brought to the attention of, and left in a place accessible to, that person:
      2. if it is emailed, on the first working day following the day on which it is sent:
        1. if it is posted, 5 working days after it is posted or any shorter period determined by the court in a particular case:
          1. if it is delivered to a document exchange, 5 working days after it is delivered or any shorter period determined by the court in a particular case.

            1. In proving the serving on or giving of a notice or other document—

            2. by email, it is sufficient to prove that—
              1. the document was properly addressed; and
                1. the document was properly sent to the email address:
                2. by post or by delivery to a document exchange, it is sufficient to prove that—
                  1. the document was properly addressed; and
                    1. all postal or delivery charges were paid; and
                      1. the document was posted or was delivered to the document exchange.

                      2. A notice or other document is not to be treated as having been given to a person if the person proves that, through no fault on their part, the document was not received within the time specified or at all.