Summary Proceedings Act 1957

24 Mode of service of documents on defendant

• (1) Every summons to a defendant and every other document which is required to be served on a defendant shall be served on him in 1 of the following ways:

  • (a) by being delivered to him personally or by being brought to his notice if he refuses to accept it; or

  • (b) by being left for him at his place of residence with a member of his family living with him and appearing to be of or over the age of 18 years; or

  • (c) by being sent to him by registered letter addressed to him at his last known or usual place of residence or at his place of business; or

  • (d) in the case of a notice relating to an infringement offence or a minor offence as defined in section 20A(12), by being sent by letter by ordinary post addressed to the defendant at the defendant's last known place of residence or business or, in the case of an infringement offence against the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or any regulations or bylaws made under those Acts, by being posted to any address given by or on behalf of the defendant under section 7, section 10, section 15, or section 20 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or Part 17 of the Land Transport Act 1998.

  provided that a District Court Judge or Justice or Community Magistrate or the Registrar may if he thinks fit direct that the summons or other document shall be served in accordance with the provisions of paragraph (a).

  (1A) Despite subsection (1), if a summons or other document required to be served on a defendant is to be served on a defendant who is a Crown organisation, it may be served—

  • (a) by delivering it personally to an employee of the organisation at its head office or principal place of business; or

  • (b) by delivering it at the organisation's head office or principal place of business, including by facsimile; or

  • (c) in accordance with a method agreed between the informant and the organisation.

  (2) For the purposes of paragraph (b) of subsection (1) the expression member of his family means the defendant's father, mother, wife, husband, civil union partner, de facto partner, child, brother, sister, half brother, or half sister.

  (3) Where service is effected in accordance with paragraph (c) or paragraph (d) of subsection (1), then, unless the contrary is shown, service shall be deemed to have been effected on the person to whom the letter is addressed at the time when the letter would have been delivered in the ordinary course of post, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

  Compare: 1927 No 37 ss 262, 264

  Section 24(1)(c): amended, by section 3(1) of the Summary Proceedings Amendment Act 1985 (1985 No 51).

  Section 24(1)(d): substituted, on1 November 1987, by section 6 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

  Section 24(1)(d): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

  Section 24(1)(d): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 24(1)(d): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 24(1) proviso: amended, on 30 June 1998, by section 8 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

  Section 24(1A): inserted, on 18 October 2002, by section 30 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

  Section 24(2): amended, on 1 January 2002, by section 69 of the Human Rights Amendment Act 2001 (2001 No 96).

  Section 24(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 24(3): substituted, by section 2(2) of the Summary Proceedings Amendment Act 1968 (1968 No 108).

  Section 24(3): amended, by section 3(2) of the Summary Proceedings Amendment Act 1985 (1985 No 51).