Postal Services Act 1998

1: Short title and commencement
1: This Act may be cited as the Postal Services Act 1998.
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 April 1998 clause 2 Postal Services Act Commencement Order 1998 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— corporation the Companies Act 1993 the State-Owned Enterprises Act 1986 courier service
a: the sender requests that the article be conveyed or delivered by courier; and
b: both of the following are features of the service:
i: conveyance or delivery on an expedited basis; and
ii: the article is tracked throughout the conveyance or delivery process designated postal operator section 48 foreign country letter
a: that is addressed to a specific person or a specific address; and
b: that is to be conveyed or delivered other than by electronic means or courier service; and
c: that does not exceed—
i: 260 mm in height; or
ii: 385 mm in length; or
iii: 20 mm in thickness; or
iv: 1 kg in weight; and
d: for which a charge is made in respect of carrying, taking charge of, or sending it Minister Ministry postage stamp postal article
a: an article that, although it may have been delivered within the meaning of subsection (3), has not reached the hands of the addressee:
b: the contents of any such letter, parcel, or article postal identifier
a: that is affixed to, or impressed or printed on, postal articles; and
b: that uniquely identifies that postal operator; and
c: that clearly indicates to members of the public that those postal articles have been, or are intended to be, accepted by that postal operator for the purpose of being conveyed by post postal operator postal outlet public letterbox register section 32 Secretary specified offence
a: a crime involving dishonesty within the meaning of section 2
b: an offence against any of the following provisions of the Misuse of Drugs Act 1975
i: section 6
ii: section 7
iii: section 9
iv: section 12
c: an offence against section 20 section 23 section 24 the Postal Services Act 1987
d: an offence against the law of any foreign country, where the offence consists of or includes conduct that, if it occurred in New Zealand, would be an offence referred to in any of paragraphs (a) to (c) subsidiary sections 5 6 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: An article is taken to have been posted when, for the purpose of being conveyed or delivered by a postal operator, it has been put into a public letterbox, or delivered at a postal outlet, or accepted for the purpose of being conveyed by post by an employee or agent of a postal operator in the course of his or her duty or authority.
2A: However, an article to be conveyed or delivered by courier service is not an article that has been posted.
3: A postal article is taken to be delivered to the addressee when it is delivered by a postal operator at the addressee's house or office, or into the addressee's letterbox or rural delivery box, or into the proper private box at a postal outlet, or to the addressee's employee or agent or other person considered to be authorised to receive the article, or according to the usual manner of delivering postal articles to the addressee.
4: Unless the context otherwise requires, a reference in this Act to a person concerned in the management of another person means—
a: a director of that person:
b: the chief executive of that person (however described).
5: A reference in this Act to the law of a foreign country includes a reference to the law of a part of, or the law in force in a part of, the country. Section 2(1) courier service inserted 30 May 2017 section 138(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) letter replaced 30 May 2017 section 138(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2A) inserted 30 May 2017 section 138(3) Regulatory Systems (Commercial Matters) Amendment Act 2017
3: Act to bind the Crown
This Act binds the Crown.
2: General provisions
Postage stamps
4: Postage stamps
1: Subject to subsection (2), no person other than a designated postal operator may issue postage stamps that bear the words “New Zealand” or any abbreviation of those words.
2: Nothing in subsection (1) applies where—
a: the words “New Zealand”, or any abbreviation of those words, appears on a postage stamp as part of the name of the postal operator by which the stamp is issued; and
b: those words or, as the case requires, that abbreviation of those words form part of the name under which the postal operator is registered as a company; and
c: that company name of the postal operator appears in full on the stamp; and
d: the words “New Zealand” or, as the case requires, the abbreviation of those words appears on the stamp in the same typeface and point size as the company name appears.
3: Every person commits an offence against this Act and is liable on conviction 1987 No 113 s 4 Section 4(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Detention and examination of postal articles
5: Detention of postal articles
1: Where any postal operator has reason to suspect that any postal article—
a: has been posted in contravention of section 21 section 22 section 24
b: is in contravention, or has been posted in contravention, of any of the following enactments,—
i: the Misuse of Drugs Act 1975
ii: the Protected Objects
iii: the Trade in Endangered Species Act 1989
iv: the Biosecurity Act 1993
v: the Customs and Excise Act 2018 that postal operator may detain the postal article for opening and examination in accordance with subsection (2).
2: Every postal article that is detained under subsection (1) may be opened and examined at a postal outlet by—
a: 2 or more persons specially authorised for the purpose by a postal operator; or
b: 1 such authorised person in the presence of—
i: another employee of that postal operator; or
ii: a Customs officer,— and (except as provided in any other enactment) must not be opened or examined otherwise.
3: Subject to subsection (4), where a postal article is intended to be opened or has been opened under this section, the postal operator must give notice in accordance with subsection (5) to the addressee if known, or if not known, to the sender of the postal article if known.
4: A postal operator must delay the giving of a notice under subsection (3) in any case where the postal operator believes, on reasonable grounds, that the giving of the notice at the particular time would be likely to prejudice any investigation into the commission or possible commission of an offence against this Act or any other enactment, or the detection or prosecution of any such offence.
5: The notice required by subsection (3) must contain the following information:
a: a statement that the postal article is intended to be opened or has been opened, as the case requires:
b: a brief statement of the reason why the postal article is intended to be opened or has been opened, as the case requires:
c: a brief summary of the effect of sections 6 to 10 1987 No 113 s 7 Section 5(1)﻿(b)﻿(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 5(1)﻿(b)﻿(v) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
6: Postal articles found to be in contravention of this Act
1: Where any postal article—
a: is detained under section 5(1)
b: on being opened or examined under this Act, is found to have been posted in contravention of section 21 section 22 section 24 the postal operator may seize the postal article, and in any such case the provisions of subsections (2) to (6) and sections 7 8
2: Subject to subsections (3) and (5), the postal article must be retained by the postal operator pending the outcome of any proceedings against any person for the offence in respect of which the postal article was seized.
3: If the postal operator believes, on reasonable grounds,—
a: that the postal article is likely to die, rot, spoil, or otherwise perish; or
b: that the postal article is or is about to become dangerous and that it is necessary, in order to avoid the threat of harm to any persons or property, to destroy or otherwise dispose of the postal article immediately,— the postal operator may destroy or otherwise dispose of the postal article as the postal operator thinks fit.
4: Where proceedings are taken against any person for the offence in respect of which the postal article was seized, then, when the proceedings are completed or abandoned, the postal operator must cause the postal article to be delivered to the person who appears to the postal operator to be entitled to it, unless, where the court enters a conviction, the postal article is forfeited to the Crown under section 8
5: If no such proceedings are taken within 6 months after that seizure, the postal operator must cause the article to be delivered to the person who appears to the postal operator to be entitled to it.
6: If, in any case to which subsection (4) or subsection (5) applies, the person who appears to the postal operator to be entitled to the postal article cannot be found, or there is no such person, the postal article is forfeited to the postal operator, and the postal operator may destroy or otherwise dispose of it as the postal operator thinks fit. 1974 No 26 s 41 1987 No 113 s 8(1)
7: Postal operator or claimant may apply for order as to disposal
1: In any case to which subsection (4) or subsection (5) of section 6
2: If a postal article is seized under section 6(1)
3: On an application made under subsection (1), the District Court Judge may make an order directing that the postal article be delivered to such person as the Judge considers is entitled to it, or that it be destroyed or otherwise disposed of in such manner as the Judge thinks fit.
4: On an application made under subsection (2), the District Court Judge may do any of the following things:
a: make any order that a Judge may make under subsection (3):
b: adjourn the application, on such terms as the Judge thinks fit,—
i: for proceedings to be brought against any person for the offence in respect of which the postal article was seized; or
ii: if the Judge considers it necessary that the postal article be preserved as evidence in any proceedings:
c: dismiss the application.
8: Disposal following conviction
1: On the conviction of any person for an offence against this Act involving any postal article seized under section 6(1)
2: Before making an order under subsection (1), the court must give—
a: the person convicted; and
b: any other person who, in the opinion of the court, would be directly affected by the making of the order— an opportunity to be heard.
3: If the court is satisfied that the postal article that was the subject of the prosecution should be restored to a person other than the person convicted, it may so direct.
4: Any person aggrieved by an order made under subsection (1) for the forfeiture of any postal article may (whatever the amount involved) appeal from that order in the manner provided by subpart 4 1993 No 94 ss 136 137 Section 8(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: No action to lie
No action lies against any person for any act done in good faith in pursuance or intended pursuance of section 7 section 8
10: Postal articles believed to be in contravention of other enactments
1: This section applies to any postal article that—
a: is detained under subsection (1) of section 5 by a postal operator; and
b: on being opened or examined under this Act, is believed, on reasonable grounds, to be in contravention, or to have been posted in contravention, of any enactment referred to in paragraph (b) of that subsection, or of any other enactment (other than this Act).
2: Where this section applies to any postal article, the following provisions apply:
a: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Misuse of Drugs Act 1975
b: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Protected Objects
c: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Trade in Endangered Species Act 1989
d: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Biosecurity Act 1993 section 116
e: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Customs and Excise Act 2018
f: where the postal article is believed to be in contravention, or to have been posted in contravention, of any other enactment (other than this Act),—
i: the postal operator must notify the appropriate authority or a constable constable
ii: in the meantime, the postal operator may continue to detain the postal article for not more than 2 working days. 1987 No 113 s 8(2) Section 10(2)﻿(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 10(2)﻿(e) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 10(2)﻿(f)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
11: Valuable postal articles to be kept safely
1: Where a postal article is detained under section 5(1) sections 6 to 10
2: Every postal operator must cause to be made and kept—
a: a list of all postal articles that are detained under section 5(1)
b: in relation to each such postal article, a memorandum of its contents. 1987 No 113 s 8(3)
12: Record of postal articles detained and opened
1: Every postal operator must make and keep a record of each occasion on which a postal article is detained under section 5(1)
2: The record must include brief details of the following:
a: the reason why the postal article was detained:
b: the contents of the postal article:
c: how the postal article and its contents were dealt with by the postal operator after the postal article was opened or examined.
3: Records required by this section must be kept either in written form, or in a form that enables the records to be readily accessible and readily convertible into written form.
4: A postal operator must,—
a: at all reasonable times, allow the Secretary or any person acting under the authority of the Secretary to enter that postal operator's premises (other than a dwellinghouse) for the purpose of inspecting the records kept by that postal operator under this section:
b: on the request of a person carrying out an inspection under paragraph (a)
i: provide that person with access to those records; and
ii: permit that person to examine those records; and
iii: permit that person to produce or make a printout or copy of the records or any part of the records:
c: if requested in writing by the Secretary, produce to the Secretary all or part of the records kept by the postal operator under this section; and the Secretary may produce or make a printout or copy of the records or any part of the records.
5: Where a request is made to a postal operator under subsection (4)﻿(c), the postal operator must comply with that request within 20 working days after receiving the request or within such further period as the Secretary in any particular case allows.
6: Every person must, on entering any premises under subsection (4)﻿(a), and when requested at any subsequent time, produce—
a: evidence of that person's authority to enter the premises; and
b: evidence of that person's identity.
13: Offences
Every postal operator commits an offence and is liable on conviction
a: fails, without reasonable excuse, to properly keep records sufficient to satisfy the requirements of subsections (1) to (3) of section 12
b: fails, without reasonable excuse, to comply with the requirements of section 12(4) or section 12(5). Section 13 amended 1 July 2013 section 413 Criminal Procedure Act 2011
14: Offender not relieved from liability
The detention, destruction, or disposal under this Act of a postal article does not relieve any person from liability for any offence against this Act or any other enactment. 1987 No 113 s 9 Further provisions relating to opening of postal articles
15: Opening of postal articles to effect delivery
1: This section applies to any postal article—
a: that a postal operator is unable to deliver to the addressee because—
i: the postal article bears no address, or bears a wrong or an incomplete or an illegible address; or
ii: the addressee cannot be located; and
b: that does not bear a return address, or that bears a return address that is wrong, incomplete, or illegible.
2: A postal operator may open a postal article to which this section applies for the purpose of identifying the addressee or sender of the postal article.
3: A postal article may be opened under this section only at a postal outlet by—
a: 2 or more persons specially authorised for the purpose by a postal operator; or
b: 1 such authorised person in the presence of—
i: another employee of that postal operator; or
ii: a Customs officer.
4: Subject to subsection (5), if a postal article is opened under this section, the postal operator must give notice to that effect, and of the reason for opening the postal article, to the person to whom the postal article is delivered.
5: If any postal article, on being opened under this section,—
a: is found to have been posted in contravention of section 21 section 22 section 24
b: is believed, on reasonable grounds, to be in contravention, or to have been posted in contravention, of any enactment referred to in section 5(1)﻿(b) the provisions of this Act apply as if the postal article had been detained under section 5(1). Undeliverable postal articles
16: Undeliverable postal articles
1: This section applies to any postal article that a postal operator is unable to deliver to the addressee because—
a: the postal article bears no address, or bears a wrong or an incomplete or an illegible address; or
b: the addressee cannot be located.
2: A postal article to which this section applies must be dealt with in accordance with subsections (3) and (4) and section 17
3: If the postal operator knows who sent the postal article, the postal operator must return the postal article to the sender.
4: If the postal operator does not know who sent the postal article, the postal operator must keep the postal article in safe custody for at least 3 months or until it is claimed, whichever happens first.
17: Disposal of unclaimed postal articles
If a postal operator has kept a postal article to which section 16
18: Postal articles required to be dealt with under other provisions
Sections 16 17 sections 6 to 11 General obligations relating to postal articles
19: Obligation to pass on postal articles
1: Subject to sections 5 to 11 sections 16 17
a: the addressee; or
b: any postal operator.
2: Every person commits an offence against this Act who, without reasonable excuse, fails to comply with this section. 1987 No 113 s 10
20: Wrongful divulgence of information
1: Every person (being an officer, employee, or agent of a postal operator) commits an offence against this Act who, without reasonable excuse, divulges to any person any information from or as to the contents of a postal article that has come to the first-mentioned person's knowledge in the course of that person's duty.
2: Every person, other than an officer, employee, or agent of a postal operator acting in the course of that person's duty, commits an offence against this Act who, having examined the contents of a postal article not intended for that person, divulges without reasonable excuse to any person any information obtained by the first-mentioned person from or as to the contents of the postal article.
3: Every person who commits an offence against this section is liable on conviction 1987 No 113 s 11 Section 20(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
21: Posting of objectionable thing
Every person commits an offence against this Act who, without reasonable excuse, posts or causes to be posted any postal article containing any noxious substance or thing, or any dead animal. 1987 No 113 s 12
22: Posting indecent article, etc
Every person commits an offence against this Act who, with the intention of offending the recipient, posts or causes to be posted any postal article containing any indecent article or representation of any kind. 1987 No 113 s 13
23: Unlawfully opening postal article
1: Every person commits an offence against this Act who wilfully and without reasonable excuse opens or causes to be opened any postal article that is not addressed to that person.
2: Every person who commits an offence against subsection (1) is liable on conviction 1987 No 113 s 14 Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24: Posting of dangerous enclosure
1: Every person commits an offence against this Act who posts, or causes to be posted,—
a: any postal article containing any explosive, dangerous, or destructive substance or fluid; or
b: any postal article containing any matter or thing capable, as packed, of causing injury to any person.
2: Every person who commits an offence against subsection (1) is liable on conviction
3: Every person commits an offence against this Act who posts, or causes to be posted, any postal article containing any matter or thing capable, as packed, of causing damage to any postal article.
4: Nothing in subsection (1) or subsection (3) applies to any of the following things, when sent and packed in accordance with conditions prescribed by any enactment or by a postal operator:
a: poisons:
b: forensic material (including, without limitation, blood samples or other bodily samples):
c: any other matter prescribed for the purposes of this paragraph by regulations made under this Act. 1987 No 113 s 15 Section 24(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
25: Recording on postal article incorrect time or place of posting
Every person commits an offence against this Act who falsely marks any postal article so as to lead any person to believe that it was posted at a time or place other than the time at which or place from which it was in fact posted. 1987 No 113 s 16
3: Registration of postal operators
Interpretation
26: Definition of business of postal operator
1: For the purposes of this Act, a person carries on business as a postal operator if that person's business consists, wholly or partly, of the carriage of letters.
2: Nothing in this section applies to the carriage of letters by any person—
a: as an employee or agent of a postal operator; or
b: under a contract for services with a postal operator. Requirement for postal operators to be registered
27: Postal operators must be registered
No person may commence or carry on business as a postal operator unless that person is registered under this Act.
28: Offence
1: Every person commits an offence who, not being registered as a postal operator under this Act, commences or carries on business as a postal operator.
2: Every person who commits an offence against this section is liable on conviction
a: to a fine of not more than $10,000; and
b: to a further fine of not more than $1,000 for every day or part of a day during which the offence continues. Section 28(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration of postal operators
29: Applications for registration
1: Any person who wishes to be registered as a postal operator must apply to the Secretary.
2: Every application for registration must—
a: be in the form provided for the purpose by the Secretary; and
b: be accompanied by the prescribed fee (if any).
3: On receiving an application that complies with the requirements of this section, the Secretary must register the applicant unless the Secretary declines, under subsection (4), to register the applicant.
4: The Secretary may decline to register the applicant if the Secretary is satisfied that the applicant or any person concerned in the management of the applicant has been convicted by any court in New Zealand or elsewhere, at any time within the period of 10 years immediately before the date of the application, of a specified offence.
5: The Secretary must not decline to register a person unless the Secretary has first given that person an opportunity to be heard.
30: Cancellation of registration
1: The Secretary may at any time cancel the registration of a postal operator if the Secretary is satisfied—
a: that, since that postal operator's registration under this Act, that postal operator or any person concerned in the management of that postal operator has been convicted, by any court in New Zealand or elsewhere, of a specified offence; or
b: that,—
i: since that postal operator's registration under this Act, a person with a conviction for a specified offence has become a person concerned in the management of that postal operator; and
ii: that person was convicted of that offence (whether by a court in New Zealand or elsewhere) before or after that postal operator's registration under this Act, but within the period of 10 years immediately before the date on which the Secretary cancels that registration; or
c: that the postal operator was registered by reason of any false or misleading representation or declaration, made either orally or in writing.
2: The Secretary must not cancel the registration of a postal operator unless the Secretary has first given that postal operator an opportunity to be heard.
31: Offence relating to registration
1: Every person commits an offence who, for the purpose of obtaining (either for himself or herself or itself or for any other person) registration as a postal operator,—
a: either orally or in writing, makes any declaration or representation that to that person's knowledge is false or misleading in a material particular; or
b: produces to the Secretary, or makes use of, any document knowing it to contain any such declaration or representation; or
c: produces to the Secretary, or makes use of, any document knowing that it is not genuine.
2: Every person who commits an offence against this section is liable on conviction Section 31(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Register of postal operators
32: Register of postal operators
1: The Secretary must maintain a register of persons who are registered as postal operators.
2: The following particulars must be recorded in the register in respect of every person registered as a postal operator:
a: the person's name:
b: the person's place of business:
c: the date of the person's registration:
d: the person's postal identifier or postal identifiers:
e: any other particulars that the Secretary considers appropriate.
3: The Secretary may at any time make any amendments to the register that are necessary to reflect any changes in the information referred to in subsection (2).
4: The register may be kept in any manner that the Secretary thinks fit, including, either wholly or partly, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded to be readily inspected or reproduced in usable form; and
c: that permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access.
33: Requirement to notify Secretary of certain matters
1: A postal operator that intends to change its place of business, or any postal identifier, or any other particulars that are recorded in respect of that person on the register, must notify the Secretary of the change at least 1 month before the change is to take place.
2: If there is any change in the persons who are concerned in the management of a postal operator, the postal operator must notify the Secretary of that change either before the change occurs or within 14 days after it has occurred.
3: Every notification under subsection (1) or subsection (2) must—
a: be in writing; and
b: be accompanied by the prescribed fee (if any).
4: Every person commits an offence and is liable on conviction Section 33(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
34: Inspection of register
1: The Secretary must keep the register open for public inspection, during ordinary office hours, at—
a: the head office of the Ministry; or
b: an office of the Ministry for the time being specified for the purposes of this subsection by notice published in the Gazette
2: The Secretary must supply to any person copies of all or part of the register on request and payment of a reasonable charge for the production of the copy.
35: Removal from register
The Secretary must remove a person's name from the register—
a: if that person applies to the Secretary, in writing, to have that person's name removed from the register:
b: if the Secretary cancels that person's registration as a postal operator:
c: if the Secretary is satisfied that the person has ceased to carry on business as a postal operator.
36: Certificate of Secretary to be evidence
A certificate purporting to be signed by the Secretary—
a: to the effect that any person was or was not registered at any particular time or during any period specified in the certificate; or
b: as to any entry in the register— is for all purposes sufficient evidence of the matters specified in the certificate, in the absence of proof to the contrary. Appeals
37: Right of appeal
1: Any person may appeal to the District Court
a: a decision of the Secretary to decline to register that person as a postal operator:
b: a decision of the Secretary to cancel that person's registration as a postal operator.
2: Every appeal under this section must be made by giving notice of appeal within 20 working days after the date on which notice of the decision was communicated to the appellant, or within such further time as the District Court Section 37(1) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2) amended 1 March 2017 section 261 District Court Act 2016
38: Determination of appeals
1: In determining an appeal under section 37 the District Court
2: The District Court's decision in the determination of an appeal under section 37 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016
4: Postal operators
Postal operators to identify mail
39: Postal operator to identify mail accepted by it
1: As soon as practicable after a postal operator accepts a postal article for the purpose of being conveyed by post, that postal operator must affix to, or impress or print on, that postal article the postal operator's postal identifier.
2: Subsection (1) does not apply if the postal operator's postal identifier is already affixed to, or impressed or printed on, the postal article.
3: Every postal operator commits an offence and is liable on conviction Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Erection of public letterboxes
40: Public letterboxes
1: Subject to subsections (2) and (3), a postal operator may erect and maintain public letterboxes in any road, street, reserve, or public place.
2: In exercising the powers contained in subsection (1), a postal operator must comply with any reasonable conditions prescribed by the local authority or other body or person having jurisdiction over the road, street, reserve, or public place, as the case may be.
3: A public letterbox must not be so placed as to interfere with ordinary traffic. 1987 No 113 s 5
41: Notice of work
1: Before a postal operator proceeds to erect a public letterbox pursuant to the powers contained in section 40(1)
2: Every notice must be in writing, and must specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it.
3: Within 15 working days after the receipt of the written notice of the intention to undertake work, the person who is given a notice pursuant to subsection (1) must notify the postal operator, in writing, of any conditions imposed pursuant to section 40(2)
4: Where a person who is given a notice pursuant to subsection (1) fails to notify the postal operator of the conditions imposed pursuant to section 40(2) 1987 No 116 s 15A 1992 No 122 s 25
42: Offence
1: Every postal operator commits an offence and is liable on conviction section 40 section 41
2: In addition to any fine imposed pursuant to subsection (1), the court may make any order relating to compensation that it thinks fit. 1987 No 116 s 15B 1992 No 122 s 26 Section 42(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
43: Appeals in relation to conditions imposed
1: A postal operator may appeal to the District Court section 40(2)
2: Every appeal must be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court allows on application made to it for that purpose either before or after those 40 working days have expired. 1987 No 116 s 15C 1992 No 122 s 27 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016
44: Determination of appeals
1: In determining any appeal under section 43 the District Court
2: The District Court's decision in the determination of an appeal under section 43 1987 No 116 s 15D 1992 No 122 s 28 Section 44(1) amended 1 March 2017 section 261 District Court Act 2016 Loss or delay of letters
45: Loss or delay of letters
No person is entitled to compensation, and no liability is imposed on the Crown or any postal operator, for any loss or damage suffered by any person because of any loss, default, delay, or omission in the receipt, transmission, or delivery of any letter. 1987 No 113 s 6 Obligations on postal operator ceasing business
46: Postal operator must notify Secretary of intention to cease business
1: A postal operator that intends to cease to carry on business as a postal operator must notify the Secretary of that intention at least 1 month before ceasing to carry on that business.
2: Every person commits an offence and is liable on conviction Section 46(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
47: Obligations on postal operator ceasing business
1: If a person ceases to carry on business as a postal operator, that person must ensure that, as soon as practicable,—
a: every public letterbox that, immediately before that person ceased to carry on business as a postal operator, was provided by that person for the receipt of postal articles is dismantled or rendered incapable of use as a public letterbox; and
b: all postal articles—
i: that have been accepted by that person for the purpose of being conveyed by post; and
ii: that have not been delivered— are delivered or are otherwise dealt with under this Act.
2: Every person commits an offence who fails, without reasonable excuse, to comply with any of the requirements of subsection (1).
3: Every person who commits an offence against this section is liable on conviction Section 47(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Designated postal operators
48: Designation of postal operators as postal administration
1: The Minister may from time to time, by notice in the Gazette
2: Any designation under subsection (1)—
a: may be indefinite or for such period as is specified for that purpose in the notice:
b: may be unconditional or subject to such conditions as the Minister thinks fit and specifies in the notice.
3: The Minister may designate 1 or more postal operators under subsection (1).
4: Nothing in section 60(b) section 54
49: Effect of designation
1: A designated postal operator must—
a: act as a representative of New Zealand at the Universal Postal Union and the Asian Pacific Postal Union; and
b: comply with New Zealand's obligations as a member of the Universal Postal Union and of the Asian Pacific Postal Union; and
c: pay to the Universal Postal Union and the Asian Pacific Postal Union any fees, charges, and other payments that New Zealand is required to pay because of New Zealand's membership of the Universal Postal Union or, as the case requires, the Asian Pacific Postal Union, including (without limitation) any mandatory charges prescribed by the Universal Postal Union or, as the case requires, the Asian Pacific Postal Union; and
d: comply with the requirements of any regulations made pursuant to section 60(b)
e: comply with any condition imposed by the Minister in respect of the designation of that postal operator.
2: Where 2 or more postal operators are designated under section 48
50: Designated postal operators to comply with Government policy directions
1: The Minister may from time to time,—
a: by written notice given after consultation with the Minister of Foreign Affairs and Trade, communicate to a designated postal operator the general policy of the Government of New Zealand in relation to the Universal Postal Union, the Asian Pacific Postal Union, and international postal matters:
b: by written notice given on the advice of the Minister of Foreign Affairs and Trade, communicate to a designated postal operator the general policy of the Government of New Zealand in respect of the Government's international relations.
2: Every designated postal operator must have regard to such policies as are communicated to that postal operator pursuant to subsection (1), and must comply with any directions given by the Minister to that postal operator by notice in writing pursuant to any such policy.
3: Where a notice is given under subsection (1) or subsection (2) to a designated postal operator, the Minister must, as soon as practicable after the giving of the notice,—
a: publish a copy of it in the Gazette
b: present a copy of it to the House of Representatives.
51: Duration of designation
Every designation pursuant to section 48
a: comes into force on the date specified for that purpose in the notice or, if no such date is so specified, on the date of the publication of the notice in the Gazette
b: continues in force,—
i: except where the designation is for an indefinite period, for such period as is specified in the notice; or
ii: until it is revoked pursuant to section 53
52: Crown not liable
1: The fact that any postal operator is designated under section 48
2: No debts, liabilities, or obligations incurred by a designated postal operator become debts, liabilities, or obligations of the Crown merely because the designation of that postal operator under section 48
53: Revocation of designation
1: Subject to subsection (2), the Minister may at any time, by notice in the Gazette section 48
a: has failed to comply with any condition imposed by the Minister in respect of that designation; or
b: has failed to comply with any obligation imposed on that postal operator by section 49(1)
c: has failed to comply with the requirements of section 50
i: by failing to have regard to any policy communicated to that postal operator pursuant to subsection (1) of that section; or
ii: by failing to comply with any direction included in any notice given under subsection (2) of that section to that postal operator; or
d: has acted in contravention of, or has failed to comply with, any provision of the Acts of the Universal Postal Union or the Asian Pacific Postal Union; or
e: is for any other reason unsuitable to be a postal administration for New Zealand.
2: The Minister must not revoke the designation of a postal operator under subsection (1) unless the Minister has first given that postal operator an opportunity to be heard.
3: The Minister must, by notice in the Gazette section 48
54: Revocation, etc, of conditions
The Minister may at any time—
a: revoke, amend, or add to any condition imposed, pursuant to section 48(2)﻿(b)
b: impose any condition on any such designation. Disclosure of information by the corporation
55: Information to Secretary
1: The corporation must supply to the Secretary such statements, reports, agreements, accounts, or other information as is requested in writing by the Secretary for the purposes of—
a: monitoring the efficiency and quality of service provided by the corporation:
b: monitoring the corporation's compliance with any agreement entered into between the Crown and the corporation in relation to prices, frequency, quantity, and quality of services (including, without limitation, rural delivery services):
c: monitoring the extent to which, and the terms and conditions on which, the corporation provides, to other postal operators, access to the facilities owned or used by the corporation for the purposes of providing postal delivery services.
2: Where a request is made to the corporation pursuant to subsection (1), the corporation must comply with that request within 20 working days after receiving the request or within such further period as the Secretary in any particular case allows.
3: All statements, reports, agreements, accounts, or other information supplied to the Secretary under subsection (1) must be verified by statutory declaration in the form and by the persons prescribed by regulations made under section 60 1987 No 113 s 19
5: Miscellaneous provisions
Offences and penalties
56: Failure to comply with information disclosure requirements
1: Every person commits an offence against this section who—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 60(b) section 61
b: fails, without reasonable excuse, to comply with the requirements of section 55(1)
2: Every person commits an offence against this section who makes a false declaration when supplying any statement, report, agreement, accounts, or other information pursuant to section 55
3: Every person who commits an offence against subsection (1) is liable on conviction
4: Every person who commits an offence against subsection (2) is liable on conviction 1992 No 122 s 172 Section 56(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
57: Penalty
Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided in any other provision of this Act or in any regulations made under this Act is liable on conviction 1987 No 113 s 17(1) Section 57 amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Offences punishable on summary conviction
Section 58 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
59: Time for bringing prosecution extended
Section 59 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Regulations—General
60: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: requiring the corporation to disclose, in the prescribed manner,—
i: information in relation to the services provided by the corporation; and prescribing the information that the corporation must disclose, including (without limitation) information relating to prices, frequency, quantity, and quality of services; and
ii: prescribed financial statements that follow generally accepted accounting principles, including (without limitation) profit and loss statements and balance sheets and statements of accounting principles:
b: requiring each designated postal operator to disclose, in the prescribed manner,—
i: information in relation to compliance by that postal operator with the obligations imposed on it by section 49(1) section 50
ii: information obtained by that postal operator in the course of acting as a representative of New Zealand at the Universal Postal Union and the Asian Pacific Postal Union;— and prescribing the information that the postal operator must disclose:
c: prescribing the form of the financial statements required by any regulations made under paragraph (a)﻿(ii):
d: prescribing rules and procedures to be followed by postal operators for the purposes of ensuring the orderly and efficient operation of the New Zealand postal system, including (without limitation) rules and procedures relating to—
i: the exchange of information relating to the addresses of customers of postal operators:
ii: dealing with postal articles bearing no address or a wrong or an incomplete or an illegible address, and misdelivered postal articles:
iii: the assignment and form of addresses, including (without limitation) private box numbers, rural delivery numbers, and other numbering systems:
e: prescribing the form of statutory declaration and by whom it must be made for the purposes of section 55(3)
f: requiring that—
i: any information required by regulations made pursuant to this section to be disclosed; or
ii: information from which that information is derived (in whole or in part),— or both, be certified, in the prescribed form and manner, by persons belonging to any class of persons specified for that purpose in the regulations:
g: prescribing the time limits within which the information disclosure required by any regulations made pursuant to this section must be made:
h: prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid:
i: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section (other than under paragraph (b)); and prescribing fines of not more than $10,000 in respect of any offences prescribed under this paragraph:
j: exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this section, either unconditionally or subject to any conditions prescribed in the regulations:
k: exempting or providing for the exemption of specified postal identifiers, or postal identifiers of a specified class, from all or any of the requirements of sections 32 33
l: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3
3: If regulations authorise a person to grant exemptions referred to in subsection (1)﻿(j) or (k),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 60(3) inserted 28 October 2021 regulation 63 Legislation Act (Amendments to Legislation) Regulations 2021 Regulations—Information disclosure
61: Regulations requiring disclosure of information
1: The purpose of this section is to facilitate entry into, and the development of competition in, the postal services market.
2: For the purpose of this section, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: requiring the corporation to disclose information in relation to the extent to which, and the terms and conditions on which, the corporation provides to postal operators other than New Zealand Post Limited, access to the corporation's postal network for the purposes of providing postal delivery services:
b: prescribing the information that the corporation must make available under regulations made under this section, including (without limitation) prices, terms, and conditions:
c: prescribing the manner in which the corporation must disclose information under regulations made under this section:
d: requiring that all or any of the following information be certified, in the prescribed form and manner, by persons belonging to any class of persons specified for that purpose in the regulations:
i: any information required by regulations made under this section to be disclosed:
ii: information from which that information is derived (in whole or in part):
e: prescribing time limits within which the information disclosure required by any regulations made under this section must be made.
3: Regulations under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(2)﻿(a) substituted 27 September 2001 section 3 Postal Services Amendment Act 2001 Section 61(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments and repeals
62: Consequential amendments and repeals
1: The enactments specified in the Schedule
2: The following enactments are consequentially repealed:
a: Amendment(s) incorporated in the Act(s)
b: the Postal Services Act 1987
c: Amendment(s) incorporated in the Act(s)
d: Amendment(s) incorporated in the Act(s)
e: the Postal Services Amendment Act 1990
f: Amendment(s) incorporated in the Act(s) Transitional provisions
63: NZ Post to be registered postal operator
1: On the commencement of this Act, the corporation is to be taken to be registered as a postal operator for the purposes of this Act.
2: All the provisions of this Act (including, without limitation, section 30
3: As soon as practicable after the commencement of this Act, the Secretary must record in the register, in respect of the corporation, the particulars required by section 32(2)
4: The corporation must supply the Secretary with any particulars that the Secretary needs for the purposes of subsection (3).
64: Application to postal articles posted in contravention of
Postal Services Act 1987
1: References in this Act to postal articles posted in contravention of any provision of this Act include postal articles posted in contravention of the corresponding provision of the Postal Services Act 1987
2: Nothing in this section limits the Interpretation Act 1999 Section 64(2) amended 1 November 1999 Interpretation Act 1999
65: NZ Post to be sole postal administration for 5 years
1: The corporation is a postal administration for New Zealand for the period of 5 years beginning on the commencement of this Act as if it had been designated under section 48 sections 49 to 54 section 51
2: The Minister may not designate any other postal operator under section 48
3: Without limiting subsection (1), the Minister may exercise the power conferred by section 53
4: This section overrides section 48