Postal Services Act 1998

Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

corporation means New Zealand Post Limited, a company incorporated under the Companies Act 1993 pursuant to the State-Owned Enterprises Act 1986; and includes any subsidiary of that company

courier service means a service for the conveyance or delivery of articles by courier if—

(a)

the sender requests that the article be conveyed or delivered by courier; and

(b)

both of the following are features of the service:

(i)

conveyance or delivery on an expedited basis; and

(ii)

the article is tracked throughout the conveyance or delivery process

designated postal operator means a postal operator that is designated, pursuant to section 48, as a postal administration for New Zealand

foreign country means any country other than New Zealand

letter means any form of written communication, or any other document or article (including any envelope, packet, package, or wrapper containing that communication, document, or article),—

(a)

that is addressed to a specific person or a specific address; and

(b)

that is to be conveyed or delivered other than by electronic means or courier service; and

(c)

that does not exceed—

(i)

260 mm in height; or

(ii)

385 mm in length; or

(iii)

20 mm in thickness; or

(iv)

1 kg in weight; and

(d)

for which a charge is made in respect of carrying, taking charge of, or sending it

Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means, subject to any enactment, the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

postage stamp means an adhesive label, or a mark or design, that is affixed to or impressed or printed on stationery to indicate payment of the fee chargeable for the carriage of a postal article

postal article means a letter, parcel, or other article that has been posted and has not been delivered; and includes—

(a)

an article that, although it may have been delivered within the meaning of subsection (3), has not reached the hands of the addressee:

(b)

the contents of any such letter, parcel, or article

postal identifier, in relation to a postal operator, means any name, logo, mark, or design—

(a)

that is affixed to, or impressed or printed on, postal articles; and

(b)

that uniquely identifies that postal operator; and

(c)

that clearly indicates to members of the public that those postal articles have been, or are intended to be, accepted by that postal operator for the purpose of being conveyed by post

postal operator means a person for the time being registered as a postal operator under this Act

postal outlet means any building, house, room, vehicle, or place where, under the control of a postal operator, postal articles are received or delivered, or where they are sorted, made up, or dispatched

public letterbox means any receptacle that is provided by a postal operator for the purpose of receipt of postal articles for conveyance by that postal operator

register means the register of postal operators maintained under section 32

Secretary means the chief executive of the Ministry

specified offence means—

(a)

a crime involving dishonesty within the meaning of section 2 of the Crimes Act 1961:

(b)

an offence against any of the following provisions of the Misuse of Drugs Act 1975:

(i)

section 6 (which relates to dealing with controlled drugs):

(ii)

section 7 (which relates to the possession and use of controlled drugs):

(iii)

section 9 (which relates to the cultivation of prohibited plants):

(iv)

section 12 (which relates to the use of premises or vehicles for the commission of an offence):

(c)

an offence against section 20 or section 23 or section 24 of this Act or against any corresponding provision of the Postal Services Act 1987:

(d)

an offence against the law of any foreign country, where the offence consists of or includes conduct that, if it occurred in New Zealand, would be an offence referred to in any of paragraphs (a) to (c)

subsidiary has the same meaning as in sections 5 and 6 of the Companies Act 1993

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

(2)

An article is taken to have been posted when, for the purpose of being conveyed or delivered by a postal operator, it has been put into a public letterbox, or delivered at a postal outlet, or accepted for the purpose of being conveyed by post by an employee or agent of a postal operator in the course of his or her duty or authority.

(2A)

However, an article to be conveyed or delivered by courier service is not an article that has been posted.

(3)

A postal article is taken to be delivered to the addressee when it is delivered by a postal operator at the addressee’s house or office, or into the addressee’s letterbox or rural delivery box, or into the proper private box at a postal outlet, or to the addressee’s employee or agent or other person considered to be authorised to receive the article, or according to the usual manner of delivering postal articles to the addressee.

(4)

Unless the context otherwise requires, a reference in this Act to a person concerned in the management of another person means—

(a)

a director of that person:

(b)

the chief executive of that person (however described).

(5)

A reference in this Act to the law of a foreign country includes a reference to the law of a part of, or the law in force in a part of, the country.

Section 2(1) courier service: inserted, on 30 May 2017, by section 138(1) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 2(1) letter: replaced, on 30 May 2017, by section 138(2) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(2A): inserted, on 30 May 2017, by section 138(3) of the Regulatory Systems (Commercial Matters) Amendment Act 2017 (2017 No 12).