New Zealand Acts

COMMERCE ACT 1986 - SECT 102

102 Service of notices

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—

a) delivering it to the person; or

b) 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 to the Commission under this Act; or

c) 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 to the Commission under this Act; or

d) emailing it to the person at an email address that is used by the person.

2 A notice or any other document that is sent to a person by a service that records delivery must, in the absence of proof to the contrary, be treated as received by the person when it would have been delivered in the ordinary course of business for that service, and, in proving the delivery, it is sufficient to prove that the document was properly addressed and provided to the service.

2A In the absence of proof to the contrary, a notice or any other document that is emailed to a person must be treated as received by the person on the second working day after the date on which it is emailed, and, in proving that the document was emailed, it is sufficient to prove that the document was properly addressed and sent to the email address.

3 Where for any purpose under this Act a notice or document is required to be served on an association or body of persons the notice or document may be served on the secretary, executive officer, manager, or other officer holding a similar position in the association or body; and for the purposes of this Act, service on the association or body shall, unless otherwise directed by the Commission, be deemed to be service on all persons who are members of the association or body or who are represented on the association or body by those members.

Note: 1975 No 113 s 121(1)–(3)

History: Section 102(1): replaced, on 16 December 2017, by section 46 of the Electronic Interactions Reform Act 2017 (2017 No 50).   Section 102(2): replaced, on 16 December 2017, by section 46 of the Electronic Interactions Reform Act 2017 (2017 No 50).     Section 102(2A): inserted, on 16 December 2017, by section 46 of the Electronic Interactions Reform Act 2017 (2017 No 50).