Statutory demand served in December: which days count, and what is your real last day?

If a statutory demand lands on your company in December, the Christmas break doesn’t stop the clock, but it does remove a stretch of days from the count. The Companies Act 1993 doesn’t treat 25 December to 2 January as working days, and in 2027 it also drops Monday 4 January, because 1 January is a Friday. So a demand served on Friday 11 December 2026 must be challenged by Tuesday 5 January and complied with by Tuesday 12 January.

This guide gives you the dated count for the 2026-27 break, the one trap that catches directors who are away, and a realistic funding timeline for when lawyers and valuers are about to close.

Which days count as working days over Christmas and New Year?

Under section 2 of the Companies Act 1993, a working day is any day other than:

• Saturdays and Sundays;
• Good Friday, Easter Monday, Anzac Day, the King’s birthday, Labour Day and Waitangi Day (with Waitangi Day or Anzac Day moving to the Monday if they fall on a weekend);
• any day from 25 December to 2 January inclusive; and
• if 1 January is a Friday, the following Monday. If it’s a Saturday or Sunday, the following Monday and Tuesday.

That last rule matters this year. 1 January 2027 is a Friday, so Monday 4 January 2027 is not a working day either. The first working day after the break is Tuesday 5 January 2027.

Regional anniversary days (Wellington on 18 January and Auckland on 25 January 2027) are not on that exclusion list for demand periods. The anniversary-day provision in the Act deals with documents filed at the Companies Office, so don’t assume you get an extra day. Our reading of the Act is based on its text; your lawyer should confirm the count against the current version before anyone relies on a date.

One caution: other documents use other definitions. A standard real estate sale and purchase agreement, for example, has its own holiday exclusion, so a date from a contract won’t necessarily match a date under the Act.

What are the two clocks on a statutory demand?

A statutory demand under section 289 starts two separate windows from the date of service:

1. 10 working days to apply to the High Court to set the demand aside (section 290). This is the clock for a disputed debt, and law firms are consistent that the court can’t extend it.
2. 15 working days to comply, by paying, agreeing a compromise, or giving a charge over company property that satisfies the creditor.

Day one is the working day after service. The deadline is the last moment of the 10th or 15th working day. If you miss the compliance date, the creditor can use that failure to apply to put the company into liquidation. Our page on what a statutory demand means covers the basics; this guide is about the arithmetic.

What is the real last day for a demand served in December 2026?

Here’s a worked count for demands served on weekdays in December 2026. Dates are counted from the working day after service, skipping weekends and 25 December to 2 January, plus Monday 4 January 2027.

Served on	Last day to apply to set aside (10 working days)	Last day to comply (15 working days)
Tue 1 Dec	Tue 15 Dec	Tue 22 Dec
Thu 3 Dec	Thu 17 Dec	Thu 24 Dec
Mon 7 Dec	Mon 21 Dec	Wed 6 Jan
Wed 9 Dec	Wed 23 Dec	Fri 8 Jan
Fri 11 Dec	Tue 5 Jan	Tue 12 Jan
Mon 14 Dec	Wed 6 Jan	Wed 13 Jan
Wed 16 Dec	Fri 8 Jan	Fri 15 Jan
Fri 18 Dec	Tue 12 Jan	Tue 19 Jan
Mon 21 Dec	Wed 13 Jan	Wed 20 Jan
Wed 23 Dec	Fri 15 Jan	Fri 22 Jan

Two patterns stand out:

• A demand served on 7 December has a pre-Christmas set-aside deadline and a January compliance deadline. That split catches people out. The challenge window closes before the break, while the payment window stays open into the new year.
• A demand served in the last week before Christmas lands its deadlines in the middle of January. On paper that’s generous. In practice it means a response that needs lawyers, a valuer or a title search is being prepared when most offices are shut.

This table is our own count, not legal advice. A lawyer should confirm your specific date in writing, including the day service is deemed to have happened.

Why does the service date matter more than the day you opened it?

The clock runs from service, and service can happen when you aren’t there. In a 2026 High Court case, Future Sustainable Construction Ltd v 1st Piler Ltd [2026] NZHC 2871, a statutory demand was left at the company’s registered office on 19 December 2025. A staff member collected it on 23 December. The court held service was effective on 19 December, and the application to set aside, filed on 14 January 2026, was out of time.

Counting 10 working days from 19 December 2025 on the same rules gives Tuesday 13 January 2026. The application was filed one day later. The result was that the application was a nullity and the court couldn’t hear it, because the Act allows no extension.

What to do about it:

• Check the registered office mail before you close and again when you return. If the registered office is your accountant’s or lawyer’s address, ask them how they handle mail over the break.
• Keep the Companies Register details current. The same case turned in part on when a change of address took effect.
• Write down the date and time you found the demand, but ask your lawyer to work out the service date.

A separate point from the Hesketh Henry commentary: an earlier decision, Ingenious Ltd v AP Chartered Accountants Ltd [2024] NZHC 1277, found service of an unendorsed copy of a set-aside application invalid, though a later decision, [2024] NZHC 2546, took a more lenient view. The practical lesson is the same. Don’t leave a set-aside application to the last day.

What can funding realistically do before lawyers close?

If the debt is genuine and you intend to pay, the break is mostly a logistics problem. Here’s a sensible sequence for a demand served in early to mid December:

1. Day of service: photograph the demand, note the date, send it to your lawyer and ask for the written count of both deadlines.
2. Within 24 hours: decide whether you’re challenging the debt or paying it. If you’re paying, start the funding enquiry now. The 24-hour readiness check shows what to have ready.
3. Days 2–4: send bank statements, ID, the demand and, if property is involved, the title details. A prepared file is what lets a secured lender move fast. Property-secured amounts of $20k to $250k are possible the same day, and up to $5m within 24 to 48 hours, though that’s never guaranteed.
4. By about 18 December: have the loan documents signed and your lawyer holding instructions to pay the creditor. Valuers and law offices wind down in the days around Christmas.
5. 25 December to 2 January: assume nothing moves. Our guide to weekend and public holiday funding explains why some payments clear on a public holiday and others wait for a business day.

If your pre-Christmas window is tight, see if you qualify early rather than hoping a January deadline gives you room. The most useful 24 hours are the first ones.

For a demand tied to Inland Revenue or other tax debt, a business tax loan may suit. If you own property and need speed, a caveat-style loan is one option your specialist may discuss. Either way, funds are normally paid to the creditor through the lawyers handling the demand, so a lawyer who is reachable matters as much as the lender. Our page on lawyers and settlement shows how that step works.

Illustrative example: a demand served on Monday 14 December

Illustrative only. A Hamilton electrical contractor is served a statutory demand at the registered office on Monday 14 December 2026. The debt is a genuine supplier invoice, and the director has already budgeted for a quiet January, as set out in our summer shutdown cash-flow guide.

Counted from Tuesday 15 December, the 10th working day is Wednesday 6 January and the 15th is Wednesday 13 January. The director asks the lawyer to confirm those dates, then enquires about funding on 15 December with statements and the demand attached. Because the company owns its workshop, a property-secured loan is arranged and the lawyer holds a payment instruction by 21 December. The creditor is paid before the office closes, and the January deadline passes without anyone having to work through the break.

What should I avoid doing over the holidays?

• Assuming the break gives you a free fortnight. It removes days from the count, but the creditor’s lawyer is back on 5 January and your window may close within days of that.
• Leaving the registered office unattended. Service can happen without anyone noticing.
• Paying part of the debt informally. If it’s meant to be a compromise, it needs to be recorded in writing.
• Taking a loan you can’t service. Fast funding only helps if the repayments fit the business after the January takings dip.

Served a demand and watching the calendar? Start the clock on our side.

A deadline that falls in January is easy to put off until after Christmas. Doing the opposite, sorting the money before the break, is what lets you enjoy it. We help business owners who have a statutory demand and a deadline, and we’re comfortable talking about the awkward ones.

Enquiring takes about 60 seconds, and there’s no credit check when you first enquire, so asking where you stand won’t touch your credit file. We don’t send your details to a pile of lenders; a real person reads your situation and calls you. Please fill the form in accurately, including the date and amount on the demand, so we can match the right option first time.

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