Affidavit Of Discrepancy One And The Same Person for New Zealand

Affidavit Of Discrepancy One And The Same Person Template for New Zealand

A formal sworn statement used in New Zealand's legal framework to officially declare and verify that two or more variations of a person's name refer to the same individual. This document helps resolve discrepancies in how a person's name appears across different official documents, providing a legal basis for recognition of these variations as referring to the same person. The affidavit must be sworn or affirmed before an authorized person such as a Justice of the Peace, solicitor, or notary public, in accordance with New Zealand's Oaths and Declarations Act 1957.

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What is a Affidavit Of Discrepancy One And The Same Person?

The Affidavit Of Discrepancy One And The Same Person is a critical legal instrument within New Zealand's legal system, designed to address and resolve situations where an individual's name appears differently across various official documents. This document becomes necessary when discrepancies arise due to factors such as clerical errors, marriage-related name changes, inconsistent transliterations of names from other alphabets, or historical documentation variations. The affidavit provides a formal, legally-binding declaration that these different name variations refer to the same person, helping prevent confusion and potential legal complications in various transactions and official matters. It must be executed in compliance with New Zealand law, particularly the Oaths and Declarations Act 1957, and requires proper witnessing by authorized persons such as Justices of the Peace, solicitors, or notary publics.

What sections should be included in a Affidavit Of Discrepancy One And The Same Person?

1. Title and Heading: Formal heading stating this is an Affidavit of Discrepancy, including the jurisdiction (New Zealand) and the deponent's current legal name

2. Personal Details: Deponent's full current legal name, residential address, and occupation

3. Statement of Truth: Formal declaration that the deponent is making this affidavit truthfully and with personal knowledge of the facts

4. Identity Declaration: Clear statement that the deponent is one and the same person despite different name variations

5. Details of Discrepancy: Specific explanation of how the name appears differently in various documents, including the exact spelling/format of each variation

6. Reason for Discrepancy: Explanation of how the discrepancy occurred (e.g., clerical error, marriage, inconsistent transliteration)

7. List of Affected Documents: Identification of all official documents where the name variations appear

8. Purpose Declaration: Statement of the purpose for making this affidavit (e.g., to clarify identity for specific transactions or general purposes)

9. Execution Block: Space for deponent's signature, date, and witness details including their qualification to witness affidavits

What sections are optional to include in a Affidavit Of Discrepancy One And The Same Person?

1. Historical Background: Additional context about name changes or variations if relevant to understanding the discrepancy

2. Additional Identity Verification: References to other identifying information such as passport numbers or date of birth when dealing with multiple official documents

3. Previous Attempts to Rectify: Description of any previous attempts to address the discrepancy, if applicable

4. Third Party Declarations: Statements from family members or long-term acquaintances confirming the person's identity, if additional verification is needed

5. Future Name Usage: Declaration of which name variant will be used going forward, if relevant

What schedules should be included in a Affidavit Of Discrepancy One And The Same Person?

1. Schedule A - Identity Documents: Copies of primary identification documents showing different name variations (e.g., passport, driver's license, birth certificate)

2. Schedule B - Supporting Documents: Copies of other official documents containing the name variations (e.g., academic certificates, employment records, bank statements)

3. Schedule C - Evidence of Name Change: If applicable, copies of marriage certificates, deed polls, or other official name change documents

4. Schedule D - Additional Supporting Evidence: Any other relevant documentation that helps establish the connection between the different name variations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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