Bolton v Vevea

[2025] NZHC 2876

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2025-409-569

[2025] NZHC 2876

BETWEEN

CHRISTOPHER JOHN BOLTON

Plaintiff

AND

LYLE WAYNE VEVEA

Defendant

Hearing:	(On the papers)
Judgment:	1 October 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

BOLTON v VEVEA [2025] NZHC 2876 [1 October 2025]

[1]    Mr Bolton applies on a without notice basis for an order for substituted service against Mr Vevea.1   The orders sought aim to achieve service on Mr Vevea  both at   a Christchurch address and an address in the United States.

[2]    I am satisfied having regard to the evidence filed that reasonable steps have been made to serve the current proceeding on Mr Vevea and that the proceeding cannot be promptly served by way of personal service.

[3]    I am further satisfied that the following directions I make represent methods of service likely to bring the proceedings to the attention of Mr Vevea.

[4]I order that:

(a)Personal service of the statement of claim in this proceeding and the notice of proceeding is dispensed with.

(b)Service of the statement of claim and notice of proceeding will be deemed to be effected upon the completion of all of the following steps:

(i)service of the statement of claim and notice of proceeding together with a copy of the order for substituted service (the documents) to be sent to the email address set out at paragraph

(a)  of the proposed methods of service in the application for substituted service;

(ii)sending the documents listed in (i) above via WhatsApp or similar electronic messaging to the defendant’s international mobile number provided in the application for substituted service;

1      High Court rules 2016, r 6.8.

(iii)mailing  the  documents  by  registered  mail  to  both   the New Zealand residence and the United  States  residence  of Mr Vevea provided on the cover sheet of the application; and

(iv)serving the document on any adult  resident  at  either  the  New Zealand residence or the United States residence, including the defendant’s adult children, Bryce Vevey or  Haley Vevey. If there is no adult occupant present at the residences then the documents are to be left in a sealed envelope addressed to the defendant either in a letterbox at the properties or, if there is no letterbox, taped to the front door of the properties.

[5]    The documents will be treated as served one working day after the completion of all of the above steps.

[6]    As the application is without notice, it  was required to be accompanied  by   a certificate.2 The certificate is in the following form:

I certify that—

(a)the grounds set out in the application upon which it relies are made out; and

(b)all reasonable enquiries and all reasonable steps have been made or taken to ensure that the application contains all relevant information, including any opposition or defence that might be relied on by any other party or any facts that would support the position of any other party.

[7]    Before the order for substituted service is sealed, Mr Bolton is to, by memorandum, provide such a certificate signed by him.

[8]    Finally, I note that on the proceedings the defendant’s name is spelt “Vevea” while in the application for substituted service, his childrens’ surname is spelt “Vevey”

2      High Court rules, r 7.23(1) and Sch 1.

and the affidavit of service from the American process server refers to the defendant as Lyle Vevey. Mr Bolton is to confirm the correct spelling of the defendant’s name. If the defendant’s correct surname is “Vevey” then there is a direction that Mr Bolton is to file amended documents to correct that error before they are served.

Associate Judge Lester