District Court Act 2016

Service

208 Service of documents under this Act

(1)

If a person is required to serve a document under this Act, the requirement may be met in any of the following ways:

(a)

by—

(i)

delivering the document to the recipient or bringing it to the recipient’s notice if the recipient refuses to accept it; or

(ii)

leaving the document for the recipient at the recipient’s place of residence with another person who appears to be of or over the age of 14 years; or

(iii)

leaving the document for the recipient at the recipient’s place of business or place of work with another person:

(b)

by sending the document to the recipient by prepaid post addressed to the recipient’s last known place of residence or business:

(c)

if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:

(d)

by compliance with a means of service prescribed by regulations made under this Act.

(2)

For recipients to whom section 209 applies, subsection (1) is modified to the extent provided by that section.

(3)

Despite subsection (1), the following documents must be served in accordance with subsection (1)(a) or, where applicable, section 209(2)(b) or (4):

(a)

a summons issued under section 148, which must be served by an authorised process server:

(b)

a summons issued under section 149, which must be served by or on behalf of the judgment creditor or by an authorised process server:

(c)

a copy of the application and notice of the time and place appointed for the hearing of the application that is required to be served on the judgment debtor under section 164(5), which must be served by or on behalf of the judgment creditor or by an authorised process server.

(4)

This section is subject to section 160(4)(a).

(5)

In this section and in section 209,—

authorised process server means a person who is—

(a)

a constable; or

(b)

a Police employee authorised by the Commissioner of Police to serve documents under this Act; or

(c)

an officer of the court; or

(d)

a person or a member of a class of persons authorised by a Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or

(e)

an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Act; or

(f)

an individual who is authorised by the Secretary for Justice to serve documents under this Act

officer, in relation to a body corporate or Crown organisation, includes a person involved in the decision making or management of the body or organisation

recipient means the person required to be served

serve, in relation to a document,—

(a)

includes giving the document to a person; but

(b)

does not include filing the document in a court under rules of court.

Compare: 1947 No 16 s 108A