New Zealand Legislation: Regulations

22 When ordinary notices taken to be given

• (1) In the absence of proof to the contrary, notices are taken to be given,—

  • (a) in the case of notices delivered by hand to a person, when actually received at that person's address:

  • (b) in the case of notices sent by post, at the time when the letter would in the ordinary course of post be delivered; and in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted:

  • (c) in the case of notices sent by fax, at the time indicated on a record of its transmission:

  • (d) in the case of notices sent by electronic transmission or any other similar method of electronic communication,—

    • (i) at the time the computer system used to transmit the notice has received an acknowledgment or receipt to the electronic address of the person transmitting the notice; or

    • (ii) at the time the person who gave the notice proves the notice was transmitted by computer system to the electronic address provided by the addressee.

  (2) This regulation does not apply to the giving of urgent notices, but does apply to the confirmation of urgent notices under regulation 23(3).