The Neill Group are New Zealand’s leading document serving agency and nationwide legal process servers, The Neill Group serves a range of New Zealand and international legal documents, including: district court, family court and high court proceedings along with summonses, demand notices, trespass notices and dissolution of marriage (divorce) applications.
The Neill Group are authorised to serve criminal documents pursuant to the Summary Proceedings Act 1957. The Neill Group’s network of process servers are recruited exclusively from the military law enforcement or intelligence sectors. The Neill Group serves legal documents from law enforcement agencies, government departments, legal firms and private clients.
The Neill Group serves legal documents from law enforcement agencies, government departments, legal firms and private clients. With the latest technology, clients monitor every step of the service process directly from the field. Our software provides clients with accurate reporting and transparency across all document service related activities.
Please click the video clip to view an introduction to our process serving and document service file management software.
What is a Process Server?
A process server is a person who serves legal proceedings known as ‘legal process’. A significant number of legal process servers contracted by The Neill Group are also licensed as private investigators.
The courts in New Zealand require legal documents to be served personally on a recipient or defendant named in the court proceedings by an authorised legal process server. The Neill Group ensures that all legal documents are served in accordance within the New Zealand courts or international legal requirements.
Document servers (legal process servers) in New Zealand are instructed by clients to serve high court, family court, district court and employment court proceedings. Legal process servers are authorised to serve legal documents on a recipient, defendant, entity or organisation named in the court or legal proceedings.
According to the rules of serving legal documents in New Zealand, all parties must be notified by personal service when they are named in court or legal proceedings. The role of the legal process server is to positively identify and effectively serve the individual or other parties named within the court documents or legal proceedings.
The notification of legal proceedings is known as the ‘service of process’ and is achieved by a legal process server personally serving the court documents or legal proceedings and other important information relating to a legal matter on a recipient. A recipient is usually a defendant (individual), public organisation, private company or a government department.
The legal process server is required to serve the legal documents in accordance with the relevant legislation, this means, positively identifying the recipient and personally serving the legal proceedings. If personal service is refused by the recipient, the documents can be left at their feet or in clear view of the recipient, the recipient is then legally served in accordance within the requirements of the New Zealand courts.
The serving of legal process can prove challenging when the defendant or recipient is actively avoiding service. When this is the case, employing an experienced process server is the best option to ensure the defendant or recipient is served in accordance with court rules and legal requirements.
Orders for substituted service in New Zealand can be granted on application to the court when it’s proven to be impossible to personally serve the defendant or recipient in the usual manner, this typically occurs when the defendant or recipient avoids personal service or is unable to be located.
Once substituted service is granted by the court, service of the documents can then be effected by a legal process server serving a relative, friend, employer or occupants of the address stated in the legal documents and/or by advertising the matter in a newspaper or in some cases, social media.
The High Court of New Zealand in 2009 ruled that substituted service of legal documents can be effectively served on a defendant or recipient via their personal Facebook page. Posting on a defendants or recipients Facebook page is a permissible means of substituted service if evidence establishes the Facebook page is that of the person to be served and that posting on the Facebook page is likely to come to their attention (reference: CIV-2008-485-2676, High Court Wellington, 16 March 2009, Gendall AJ).
Locating Missing People
The Neill Group have significant experience tracing missing people for a variety of reasons. We are usually engaged locate birth parents, missing relatives, evasive debtors or individuals named in court proceedings. If you are unable to locate a defendant, witness or a recipient named in your legal documents, please contact us to inquire about our tracing and investigation services.
Serving of Divorce Appllications
The Neill Group’s legal process servers have an exceptional working knowledge of the court and legal requirements regarding the service of dissolution of marriage applications (commonly referred to as divorce documents or divorce papers).
There are several good reasons why you should use an independent legal process server: we are not personally known to you or the party being served, we know the requirements of the courts and can guide you through the process and we are aware of the rules regarding serving court proceedings and legal documents.
The family court in New Zealand manages the document process to end your marriage or civil union relationship. Divorce proceedings can only commence once both parties have separated and resides apart for a minimum two year period.
If you have children as part of the relationship, the family court must be satisfied that acceptable arrangements have been made for their daily care and welfare.
The following information and related links may prove useful when seeking out further advice regarding the service of divorce applications and other domestic related legal proceedings:
There are two types of divorce proceedings in New Zealand:
1. If both parties wants to divorce
If you have grounds to do so, both you and your partner request the local family court for a Marriage of Dissolution Order.
2. If only one of the parties wants a divorce
You will need to ask your local family court to make a decision. This process is known as applying for an order. If you are applying for an order, you or your legal representative are responsible for ensuring that your application documents are correctly served on the other party. You cannot serve them yourself.
If you need the court’s help dividing your relationship property, you need to make a separate application within 12 months of your divorce. The court may extend this time frame.
Serving Trespass Notices
You might want someone to leave your home or place of work for a number of reasons. They may be committing offences on your property, such as shoplifting, being disorderly or simply have no right to be there.
There is no legal requirement to give a trespass notice in writing. However, a written document reinforces the situation for the person given the trespass notice; they cannot say they did not know of the notice and requirement to leave and not return.
We have extensive experience serving trespass notices for companies and individuals. We are not known to the recipient so this elevates any issues of a personal connection. The serving of any legal document including trespass notices can be very stressful. Our process servers are trained to mitigate and manage any risk associated with serving documents including hostile recipients.
1. Verbal trespass
We can visit the recipient and verbally deliver instructions in accordance with a trespass notice, we record all the service details including a description of the recipient, service address and the date and time of service.
2. Written trespass
If you wish to serve a trespass notice, you must complete and correctly serve three copies of the current version of a New Zealand trespass notice. Visit the Legislation New Zealand website to read the Trespass Act 1980 (link is external).
Use this trespass notice form
one copy must be served on the recipient
one copy to be delivered to the closest police station
one copy for your records
To serve a trespass notice you need to personally hand the trespass notice to the recipient. If the recipient refuses to accept the trespass notice then the court rules of serving legal process will apply, the legal position is that the documents are legally served once the recipient is positively identified and the document has been brought to their attention.
Related External Links:
Service of Court Documents & Legal Proceedings
The Neill Group can serve your legal proceedings and dissolution of marriage documents (divorce applications) in Wellington or anywhere in New Zealand.
The Neill Group serves New Zealand and international legal process, including, but not limited to:
- District Court Proceedings
- Witness Summonses
- High Court Proceedings
- Trespass Notices
- Employment Court Proceedings
- Pre-Possession Notices (Prior to Repossession)
- New Zealand & International Summonses
- Demand Notices
- Repossession Warrants
- Divorce Applications (Divorce Proceedings)
- Family Court Proceedings
- Witness Summonses
- Appeal Court Proceedings
- Protection Orders
- Insolvency Documents
- New Zealand & International Court Subpoenas
- Discovery Warrants
- Property Law Act Notices
- Court Enforced Judgments
- Orders for Examination
- 289 Demand Notices
- Parental Orders
- Bankruptcy Notices
- Personal Documents
- Employment Documents
- Infringement Notices
- Tenancy Orders
- Eviction Notices
- International Legal Process
- Sensitive Commercial Documents
- Charging Documents for Law Enforcement and Government Agencies
New Zealand & International Service
The Neill Group are based in Wellington with a strategic nationwide network of contracted licensed private investigators, security specialists, field agents, repossession agents and legal process servers (document servers) in every district and region of New Zealand, including: Northland, Whangarei, Auckland, Wellsford, Warkworth, Orewa, Albany, Takapuna, Mangere, Manurewa, Pukekohe, Coromandel Peninsular, Thames, Waihi, Whangamata, Whitianga, Waikato, Hamilton, Te Awamutu, Cambridge, Huntly, Morrinsville, Matamata, Putaruru, Tokoroa, Otorohanga, King Country, Taumarunui, Te Kuiti, Waitomo, Bay of Plenty, Tauranga, Te Puke, Whakatane, Kawerau, Opotiki, Rotorua, Taupo, Turangi, Murupara, East Cape, Gisborne, Tolaga Bay, Tokomaru Bay, Ruatoria, Te Kaha, Taranaki, Wanganui, New Plymouth, Stratford, Hawera, Waitara, Inglewood, Manawatu, National Park, Waiouru, Taihape, Palmerston North, Marton, Bulls, Feilding, Ashhurst, Foxton, Horowhenua, Levin, Otaki, Kapiti, Waikanae, Paraparaumu, Paekakariki, Wellington, Plimmerton, Porirua, Tawa, Johnsonville, Upper Hutt, Lower Hutt, Wainuiomata, Hawkes Bay, Wairoa, Napier, Hastings, Havelock, Waipukurau, Dannevirke, Wairarapa: Featherston, Pahiatua, Masterton, Carterton, Greytown, Tasman, Nelson, Blenheim, Picton, Motueka, West Coast, Westport, Greymouth, Hokitika, Wanaka, Queenstown, Twizel, Alexander, Te Anau, Canterbury, Christchurch, Kaikoura, Ashburton, Southland, Timaru, Oamaru, Dunedin, Invercargill, Balclutha, Mossburn, Gore.