Previous tennants mail

chattychappy · 31 July 2011 at 10:13AM

antrobus wrote: »

Dunno about that. s 84 (3) Postal Services Act 2000 specifially states, "A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him." So clearly s 84 (3) refers to post that has been delivered and is not in transmission.

Well, I would argue that you are using your interpretation of "incorrectly delivered" which you are not entitled to do because of s125:

chattychappy wrote: »

s125(3) For the purposes of this Act— ... (c) the delivery of a postal packet (i) at the premises to which it is addressed or redirected, ..., ... shall be a delivery to the addressee.

So because it has been delivered to the premises to which it is addressed, it is deemed delivered to the addressee (whether or not the addressee resides there). If it had been delivered to another addresss, then it would be incorrectly delivered and s84 would engage. But in this case, the real problem is that it has been incorrectly addressed, rather than incorrectly delivered.

Willing to stand corrected if you can fish out some case law.

scott_lithgows · 31 July 2011 at 10:34AM

I,m a Postie,We have been told to deliver every item of mail that comes to us to address on envelope,that is unless you are 100% sure the person has left this address (ie Dead) and you are sure that the house is not rented.If the house is rented and the new house holder complains we are to advise that they hand the previous tenants mail to the landlord.