I started out as a private investigator serving documents all over Auckland, from bankruptcy notices to Family Court documents. Most people are happy to receive the notices and are easy to deal with, but occasionally there are some that just don't want that notice. They will go to extreme lengths to avoid service and make life difficult for the process server.
It is common for these people to move around and sometimes they can be extremely difficult to find. While the standard response to this type of scenario is to apply to the courts for an order for substituted service, we have been receiving instructions to serve via Facebook. The rule of effective service is to bring the notice to the person's attention in an expedient manner. Facebook is now an accepted method to do just that.
Posting on a recipient's Facebook page is a permissible means of substituted service if evidence establishes that the Facebook page is, in fact, that of the person to be served and the posting is likely to come to that person's attention - in a timely fashion.
There are a few things that we need to do to prove effective service. We first need to determine conclusively that the Facebook page is that of the defendant or respondent. This can be achieved by examining profile photos and other identifying personal information on the profile. We then must show that the account is active and that there are recent postings and activity such as "likes".