What is Serving Legal Documents?
Serving legal documents, often referred to as 'service', is the formal process of delivering official court or tribunal documents to an individual or entity involved in a legal dispute. The purpose of service is to ensure that all parties are properly notified of legal proceedings against them and have an opportunity to respond [Source: Disputes Tribunals Act 1988, s 31(1)]. Proper service is a fundamental requirement of natural justice, ensuring fairness in legal processes.
Who is Responsible for Service in the Disputes Tribunal?
In the context of the Disputes Tribunal, once a claim has been filed, the Tribunal's Registrar is generally responsible for serving a copy of the claim and any other relevant documents on every other party involved in the dispute [Source: Disputes Tribunals Rules 1989, r 28(1)]. This differs from higher courts where a party may be responsible for arranging service themselves.
Methods of Service
The Disputes Tribunals Act 1988 and the Disputes Tribunals Rules 1989 outline several methods by which documents may be served:
Personal Delivery
Documents can be served by physically delivering them directly to the person concerned [Source: Disputes Tribunals Act 1988, s 31(1)(a)]. This is often considered the most effective method, as it provides direct proof that the person received the documents.
Postal Service
Service can be effected by sending documents by post to the person's usual or last known place of residence or business [Source: Disputes Tribunals Act 1988, s 31(1)(c)]. For documents sent by post, they are generally deemed to have been served on the fourth day after the date on which they were posted [Source: Disputes Tribunals Act 1988, s 31(2)]. This applies whether sent by ordinary or registered post [Source: Disputes Tribunals Rules 1989, r 28(2)(a)-(b)].
Electronic Service
Documents may be served by sending them by facsimile (fax) or email to a number or address provided by that person specifically for the purpose of receiving documents [Source: Disputes Tribunals Act 1988, s 31(1)(d)]. The Registrar also has the discretion to serve documents by any other means considered appropriate [Source: Disputes Tribunals Rules 1989, r 28(2)(c)].
Service on Companies or Bodies Corporate
If a party is a body corporate (a legally recognised group or organisation, such as a company), documents can be served by delivering them to the body corporate's registered office [Source: Disputes Tribunals Act 1988, s 31(4)]. If a person has nominated an agent (a person authorised to act on their behalf) for service, documents may be served on that agent [Source: Disputes Tribunals Act 1988, s 31(7)].
Substituted Service
If the ordinary methods of service are not practicable, the Tribunal may give directions as to how a document is to be served, or may even dispense with service altogether or declare that service already effected is good service [Source: Disputes Tribunals Act 1988, s 31(5); Disputes Tribunals Rules 1989, r 28(4)]. This is known as 'substituted service', where an alternative method of notification is approved because direct service is not possible. For instance, this might involve placing an advertisement in a newspaper or sending documents to an alternative address known to be accessed by the person.
Service Outside New Zealand
Documents may also be served on a person who is outside New Zealand in accordance with the rules of the Tribunal [Source: Disputes Tribunals Act 1988, s 31(6)]. The Registrar may use any appropriate means, including registered post, to effect such service [Source: Disputes Tribunals Rules 1989, r 28(2)(c)].
Proof of Service
Evidence of service is typically provided by an affidavit or certificate from the person who served the document [Source: Disputes Tribunals Rules 1989, r 28(5)]. This confirms to the Tribunal that the documents were properly delivered.
Costs Associated with Service
The Disputes Tribunal system is designed to be accessible and low-cost. While there is a filing fee for a claim, the Registrar's service of documents is part of the Tribunal's administrative process [Source: Disputes Tribunals Act 1988, s 34(1)]. Generally, the Tribunal does not order a party to pay costs to another party, apart from the claimant's filing fee and specific actual expenses related to attending the hearing [Source: Disputes Tribunals Act 1988, s 34(1)]. Therefore, there are typically no additional, separate fees for the usual service of documents by the Registrar that are directly chargeable to the claimant, unlike in some other court proceedings where process server fees might be incurred and recoverable.
What to Expect After Service in the Disputes Tribunal
Once documents are served, the recipient is formally aware of the claim against them. The documents will outline the nature of the dispute and typically provide information about the next steps, including the date and time of the Tribunal hearing. The recipient will have the opportunity to prepare their response and evidence for presentation at the hearing. The Tribunal aims to resolve disputes quickly and informally, with a referee facilitating discussion between the parties [Source: Disputes Tribunals Act 1988, s 18].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations regarding the service of documents, or who require assistance with a Disputes Tribunal claim, are encouraged to consult with a legal professional. Lawyers and Community Law Centres can provide independent legal advice tailored to individual circumstances. Community Law Centres offer free legal advice services and can be found at communitylaw.org.nz.
Key Resources
- Disputes Tribunals Act 1988: https://www.legislation.govt.nz/act/public/1988/0110/latest/whole.html
- Disputes Tribunals Rules 1989: https://www.legislation.govt.nz/regulation/public/1989/0002/latest/whole.html
- Ministry of Justice - Disputes Tribunal: https://www.disputestribunal.govt.nz/
- Community Law Centres O Aotearoa: https://communitylaw.org.nz/