Section 392 — Companies Act 1993: Additional provisions relating to service
Text of the provision Official document
392 Additional provisions relating to service (1) Subject to subsection (2) of this section, for the purposes of sections 387 to 391 of this Act,— (a) If a document is to be served by delivery to a natural person, service must be made— (i) By handing the document to the person; or (ii) If the person refuses to accept the document, by bringing it to the attention of, and leaving it in a place accessible to, the person: (b) A document posted or delivered to a document exchange is deemed to be received 5 working days, or any shorter period as the Court may determine in a particular case, after it is posted or delivered: (c) A document sent by facsimile machine is deemed to have been received on the working day following the day on which it was sent: (d) In proving service of a document by post or by delivery to a document exchange, it is sufficient to prove that— (i) The document was properly addressed; and (ii) All postal or delivery charges were paid; and (iii) The document was posted or was delivered to the document exchange: (e) In proving service of a document by facsimile machine, it is sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned. (2) A document is not to be deemed to have been served or sent or delivered to a person if the person proves that, through no fault on the person's part, the document was not received within the time specified.
Official source: legislation.govt.nz
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