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 one 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 prepaid post 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, by being sent by letter by prepaid post addressed to the defendant at the defendant’s last known place of residence or business; or

(e)

in the case of a notice relating to an infringement offence required to be served on a defendant who does not have a known place of residence in New Zealand but has a known electronic address, by being sent to the defendant at that address in electronic form:

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 on the 6th working day after the day on which the letter was posted, 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, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

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

Section 24(1)(d): replaced, on 1 August 2012, by section 7 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 24(1)(d): amended, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 24(1)(e): inserted, on 1 August 2012, by section 7 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

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(1) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

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 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 24(3): replaced, on 1 January 1969, by section 2(2) of the Summary Proceedings Amendment Act 1968 (1968 No 108).

Section 24(3): amended, on 26 March 2015, by section 4 of the Summary Proceedings Amendment Act 2015 (2015 No 35).

Section 24(3): amended, on 1 April 1985, by section 3(2) of the Summary Proceedings Amendment Act 1985 (1985 No 51).