Unit Titles Act 2010

205 Service of documents

  • (1) Any notice or other document required or authorised by this Act to be served on or given to any person must be in writing and is sufficiently served or given if—

    • (a) it is delivered to that person; or

    • (b) it is left at that person’s usual or last known place of residence or business or at an address specified for that purpose; or

    • (c) it is posted in a letter addressed to that person by name at that place of abode or business or address; or

    • (d) it is transmitted to the email address or facsimile number given by that person as an address for service.

    (2) If the person is absent from New Zealand, the notice or other document may be served on or given to the person’s agent in New Zealand.

    (3) If the person is deceased, it may be served on or given to the person’s personal representatives.

    (4) If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in a manner as may be directed by an order of the District Court.

    (5) If any notice or other document is sent to any person by post, it is to be treated as having been delivered to the person on the fourth day after the day on which it was posted, and in proving the delivery it is sufficient to prove that the notice or other document was properly addressed and posted.

    (6) A notice or other document sent by electronic means or by facsimile is to be treated as having been received on the working day immediately following the date on which it was transmitted; and in proving service it is sufficient to prove that the notice or other document was properly transmitted.

    (7) Despite anything in the previous provisions of this section, the District Court may, in any case, make an order directing the manner in which any notice or other document is to be served or given or dispensing with the service or the giving of the service.

    (8) This section does not apply to any other notices or other documents served or given in any proceedings in any court.