New Zealand Acts

CHARITIES ACT 2005 - SECT 57

57 Service of notices

1 If this Act authorises the Board or the chief executive to serve a notice on, or give a notice to, any person, the notice may be served or given by—

a) delivering it to that person; or

b) leaving it at—

i) the person's usual or last known place of residence or business; or

ii) the address specified by the person in any notice, application, or other document made, given, or tendered to the Board or the chief executive under this Act; or

c) posting it by letter addressed to the person at that place of residence or business or at that address; or

d) serving or giving the notice in electronic form and by means of an electronic communication.

2 If any notice is sent to any person by registered letter, then,—

a) unless the contrary is proved, the notice must be treated as having been delivered to the person when it would have been delivered in the ordinary course of post; and

b) in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.

3 If the notice is required to be served on, or given to, an entity,—

a) the notice may be served on, or given to, an officer or any other person holding a similar position in the entity; and

b) service on the entity must, unless otherwise directed by the Board or the chief executive, be treated as service on all persons who are officers of the entity, or who are represented on the entity by those officers.

History: Section 57(1): amended, on 6 July 2023, by section 27(1) of the Charities Amendment Act 2023 (2023 No 34).   Section 57(1): amended, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).     Section 57(1)(b)(ii): amended, on 6 July 2023, by section 27(1) of the Charities Amendment Act 2023 (2023 No 34).     Section 57(1)(d): inserted, on 6 July 2023, by section 27(2) of the Charities Amendment Act 2023 (2023 No 34).     Section 57(3)(b): amended, on 6 July 2023, by section 27(1) of the Charities Amendment Act 2023 (2023 No 34).