Section 240D — Land Transfer Act 1952: When notices taken to be delivered
Text of the provision Official document
240D When notices taken to be delivered (1) In the absence of proof to the contrary, notices are taken to be delivered,— (a) 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: (b) if sent by fax, at the time indicated on a record of its transmission: (c) if sent by electronic mail or similar means or to or from an electronic workspace facility, at the time a record of the transmission indicates it was received in the relevant electronic communications system. (2) For the purposes of subsection (1)(c) ,— (a) relevant electronic communications system means,— (i) in the case of an electronic mail or similar address, the electronic communications system associated with that address; or (ii) in the case of an electronic workspace facility, the electronic communications system by which users of the facility can receive electronic communications: (b) without limiting what may constitute a record of transmission, it may, in appropriate circumstances be,— (i) an acknowledgement from the relevant electronic communications system; or (ii) the absence of a notification that the transmission has not been received into or processed by the relevant electronic communications system. (3) Despite subsection (1) , a notice delivered to the Registrar at a land titles office is taken to be delivered at 9 am on the next day on which the office is open for business if the time at which it would be taken to be delivered under subsection (1) is outside the business hours of the office. Sections 240A to 240D were inserted, as from 1 June 2002, by section 63 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →