Section 223 — District Court Act 2016: Proof of service of documents

223 Proof of service of documents (1) If any summons or any other document is served by a person who is authorised to do so under this Act, the rules, or any other enactment, the service may be proved— (a) by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service; or (b) in any other manner prescribed by the rules. (2) An endorsement under subsection (1)(a) must be signed by the person who served the summons or document. (3) A person who wilfully endorses a false statement on a copy of a summons or document commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000, or to both. (4) If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and, in proving service, it is sufficient to prove that the letter concerned was properly addressed and posted. (5) If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system that is outside the control of the document’s originator, and, in proving service, it is sufficient to prove that the document concerned was properly addressed and sent. (6) In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications. Compare: 1947 No 16 s 116A