Section 386 — Immigration Act 2009: Giving notice, service of notice, etc

386 Giving notice, service of notice, etc (1) If under this Act any notice or other document is to be served on or supplied to the Minister, it must be delivered to the Minister’s office or to an immigration officer at an office of the Department. (2) If under this Act any notice or other document is to be served on or supplied to an immigration officer or a refugee and protection officer, it must be delivered personally to an immigration officer or a refugee and protection officer or sent by registered post to an immigration officer or a refugee and protection officer at an office of the Department. (3) If under this Act any document is to be served on or supplied to any other person, or the person is to be notified of any decision, matter, or other thing, the document must be served on or supplied to the person, or the notification must be given in writing,— (a) by personal service; or (b) by registered post addressed to the person at the person's New Zealand address; or (c) by service on the person's lawyer or agent in accordance with subsection (4); or (d) at the address supplied under section 57(2) , if it relates to an application for a visa. (4) If a lawyer or agent represents that he or she is authorised to accept service of any notice or document on behalf of any person, it is sufficient service to deliver the notice or document to the lawyer or agent if he or she signs a memorandum stating that he or she accepts service of the notice or document on behalf of the person. (5) If under this Act any notice or other document is to be given to, served on, or supplied to the holder of any temporary entry class visa, or any person who is, or is believed to be, unlawfully in New Zealand, by registered post addressed to that person’s New Zealand address, the notice or other document is treated as having been given to, served on, or received by the person 7 days after the date on which it was posted. (6) Except in a case to which subsection (5) applies, if under this Act any notice or other document is to be given to, served on, or supplied to any person in New Zealand by registered post, the notice or other document is treated as having been given, served on, or received by that person 7 days after the date on which it was posted unless the person proves that, otherwise than through fault on the person’s part, the notice or other document was not so given, served, or received. (7) If a notice or other document is to be given to, served on, or supplied to a person by registered post addressed to an address supplied under section 57(2) and that address is outside New Zealand, the notice or document must be treated as having been given to, served on, or received by the person 14 days after the date on which it was posted unless the person proves that, otherwise than through fault on the person's part, the notice or other document was not so given, served, or received. (8) This section applies unless a provision in this Act expressly provides otherwise. Compare: 1987 No 74 s 146