Immigration Amendment Act 2015

97 Section 387 replaced (New Zealand address)

Replace section 387 with:

387 Address for service

(1)

A person’s address for service is, unless any of subsections (2) to (4) apply, either of the following provided by the person:

(a)

the person’s physical address (whether in or outside New Zealand):

(b)

a physical address in New Zealand of a lawyer or other person who is acting as an agent for the person and is authorised by the person to accept service on his or her behalf.

(2)

If the address provided by a person as his or her address for service is known not to be an address at which service can properly be effected, and if subsections (3) and (4) do not apply, the person’s address for service is the person’s contact address, if that address is a postal address.

(3)

If a person is under 18 years of age and is not married or in a civil union, the person’s address for service is,—

(a)

if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the address for service of that other person; or

(b)

if a responsible adult has been determined or nominated under section 375 (or under section 141B of the former Act) to represent the person’s interests, the address supplied by the responsible adult under section 375(7) (or under section 141B of the former Act).

(4)

If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person’s address for service is the postal address of the place where the person is detained or required to reside.

(5)

A person who has provided an address for service may at any time substitute a different address for service by giving written notice of the new address to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.

(6)

Subsection (7) applies if the latest address provided by a person was provided before section 97 of the Immigration Amendment Act 2015 came into force.

(7)

Despite subsection (1), the person’s address for service is the person’s New Zealand address (within the meaning of the Act as in force before section 97 of the Immigration Amendment Act 2015 came into force), unless any of subsections (2) to (4) applies.

387A Contact address

(1)

A person’s contact address is whichever of the following addresses the person has designated as his or her contact address, unless any of subsections (2) to (4) applies:

(a)

the person’s postal address:

(b)

an electronic address for the person:

(c)

the postal address or electronic address of a lawyer or other person who is acting as an agent for the person.

(2)

If a person’s designated contact address is known not to be an address at which the person can be contacted, and if subsections (3) and (4) do not apply, the person’s contact address is whichever of the following addresses is considered most likely to be the address at which the person can be contacted:

(a)

any other address referred to in subsection (1) that has been provided by the person:

(b)

any address for the person that is obtained, after this section comes into force, as a result of the exercise by an immigration officer or constable of any of the powers under section 274, 276, 277, 278, or 280.

(3)

If a person is under 18 years of age and is not married or in a civil union, the person’s contact address is,—

(a)

if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the contact address of that other person; or

(b)

if a responsible adult has been determined or nominated under section 375 (or under section 141B of the former Act) to represent the person’s interests, the address supplied by the responsible adult under section 375(7) (or under section 141B of the former Act).

(4)

If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person’s contact address is the postal address of the place where the person is detained or required to reside.

(5)

If a person’s contact address is an electronic address, the person is deemed to have consented to receive at that address all notices or other documents required to be supplied, notified, or in any other way given to the person, but only if the person provides the address after this section comes into force.

(6)

A person who has designated an address as a contact address may at any time substitute a different contact address by written notice to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.

(7)

Subsection (8) applies if the latest address provided by a person was provided before section 97 of the Immigration Amendment Act 2015 came into force.

(8)

Despite subsection (1), the person’s contact address is the person’s New Zealand address (within the meaning of the Act as in force before section 97 of the Immigration Amendment Act 2015 came into force), unless any of subsections (2) to (4) applies.

387B Departures from sections 386A to 387A

Sections 386A to 387A are default rules that apply subject to any other provision of this Act, or any regulations made under it, that provide requirements for the manner of service or giving of notices and other documents in specific situations or circumstances.