197 Method of service of notices

(1)

A notice or any other document that is required or authorised by this Act to be served on or given to a person may be served or given by—

(a)

delivering it to the person or the person’s agent; or

(b)

leaving it at the person’s or the person’s agent’s usual or last known residence or business; or

(c)

posting it in a letter addressed to the person or the person’s agent by name at that residence or business address; or

(d)

emailing it to the person or the person’s agent at an email address that is used by the person or the person’s agent.

(2)

If the person is deceased, a notice or other document may be served on or given to the person’s personal representative.

(3)

A notice or any other document that is sent to a person by post must be treated as received by the person when it would have been delivered in the ordinary course of post, and, in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

(4)

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.

Section 197(1)(c): amended, on 16 December 2017, by section 81(1) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 197(1)(d): inserted, on 16 December 2017, by section 81(2) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 197(3): amended, on 16 December 2017, by section 81(3) of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 197(4): inserted, on 16 December 2017, by section 81(4) of the Electronic Interactions Reform Act 2017 (2017 No 50).