What is a statutory declaration in New Zealand?
A statutory declaration is a written statement of facts that you sign before an authorised witness and declare to be true. It is used in legal, administrative, and government processes as formal evidence of facts when sworn evidence is not required. It is governed by the Oaths and Declarations Act 1957.
Who can witness a statutory declaration in New Zealand?
Statutory declarations must be witnessed by an authorised person under the Oaths and Declarations Act 1957. Authorised witnesses include Justices of the Peace, solicitors, notaries public, court registrars, and certain other officials. Justices of the Peace provide this service for free.
What is the difference between a statutory declaration and an affidavit in New Zealand?
An affidavit is sworn before a judge, registrar, or solicitor and is used as evidence in court proceedings. A statutory declaration is used outside court proceedings for administrative and government purposes. The wording and process differ slightly, but both require an authorised witness.
Does a statutory declaration need to be notarized in New Zealand?
No. A New Zealand statutory declaration does not need to be notarized unless it is to be used overseas in a country that requires notarization or apostille. For domestic use, witnessing by a Justice of the Peace or solicitor is sufficient.
How do I find a Justice of the Peace in New Zealand?
You can find a JP near you using the JP search tool at jpanz.org.nz. Many JPs operate from community centres, libraries, and law offices. Some JPs offer appointments and others have walk-in availability. There is no charge for JP services.
What must a statutory declaration contain in New Zealand?
A statutory declaration must state the full name and address of the declarant, the facts being declared, the date and place of signing, and the signature of the declarant and the authorised witness. The witness must also record their name, designation, and the date of witnessing.
Can I use a statutory declaration made in New Zealand overseas?
A New Zealand statutory declaration can be used in some overseas jurisdictions, but for documents intended for use in countries that are parties to the Hague Apostille Convention, you will need an apostille issued by the New Zealand Department of Internal Affairs to certify the authenticity of the witness signature.
Is there a standard form for a statutory declaration in New Zealand?
There is no single prescribed form for all statutory declarations in New Zealand. The wording depends on the purpose. Some government agencies and courts provide their own statutory declaration forms. For general purposes, you can prepare your own document following the standard format.
What can and cannot be done without a lawyer for a statutory declaration in New Zealand?
Preparing the content of a statutory declaration and having it witnessed by a JP are fully self-service. If the declaration is for a complex legal purpose or will be used in court proceedings as an affidavit, legal advice on the content is recommended.
How does uplaw.ai help with a statutory declaration in New Zealand?
Tell us what facts you need to declare and what the statutory declaration will be used for in the chat. We draft the statutory declaration in the correct format for New Zealand, ready for you to take to a JP or solicitor for witnessing.
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