NgāiTakoto Claims Settlement Act 2015

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Schedule 5 Notices relating to RFR land

ss 153, 176, 182

1 Requirements for giving notice

A notice by or to an RFR landowner, or the trustees of an offer trust or a recipient trust, under subpart 4 of Part 3 must be—

(a)

in writing and signed by—

(i)

the person giving it; or

(ii)

at least 2 of the trustees, for a notice given by the trustees of an offer trust or a recipient trust; and

(b)

addressed to the recipient at the street address, postal address, fax number, or electronic address,—

(i)

for a notice to the trustees of an offer trust or a recipient trust, specified for those trustees in accordance with the relevant deed of settlement, or in a later notice given by those trustees to the RFR landowner, or identified by the RFR landowner as the current address, fax number, or electronic address of those trustees; or

(ii)

for a notice to an RFR landowner, specified by the RFR landowner in an offer made under section 156, or in a later notice given to the trustees of an offer trust or identified by those trustees as the current address, fax number, or electronic address of the RFR landowner; and

(c)

for a notice given under section 173 or 175, addressed to the chief executive of LINZ, at the Wellington office of LINZ; and

(d)

given by—

(i)

delivering it by hand to the recipient’s street address; or

(ii)

posting it to the recipient’s postal address; or

(iii)

faxing it to the recipient’s fax number; or

(iv)

sending it by electronic means such as email.

2 Use of electronic transmission

Despite clause 1, a notice given in accordance with subclause (1)(a) may be given by electronic means as long as the notice is given with an electronic signature that satisfies section 226(1)(a) and (b) of the Contract and Commercial Law Act 2017.

Schedule 5 clause 2: amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).

3 Time when notice received

(1)

A notice is to be treated as having been received—

(a)

at the time of delivery, if delivered by hand; or

(b)

on the fourth day after posting, if posted; or

(c)

at the time of transmission, if faxed or sent by other electronic means.

(2)

However, a notice is to be treated as having been received on the next working day if, under subclause (1), it would be treated as having been received—

(a)

after 5 pm on a working day; or

(b)

on a day that is not a working day.