Affidavit Of Explanation for New Zealand

Affidavit Of Explanation Template for New Zealand

An Affidavit of Explanation is a formal written statement made under oath or affirmation, governed by New Zealand law, particularly the Oaths and Declarations Act 1957. It serves as a legal document where an individual (the deponent) provides a detailed explanation of specific facts, circumstances, or events, sworn to be true and correct. The document must be witnessed and signed by an authorized person such as a solicitor, Justice of the Peace, or Commissioner for Oaths, making it admissible as evidence in New Zealand courts and acceptable for various official purposes.

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What is a Affidavit Of Explanation?

An Affidavit of Explanation is a crucial legal document used in New Zealand when a formal, sworn explanation of circumstances or events is required. This document type is commonly used to clarify situations, provide additional information for legal proceedings, or explain discrepancies in official records. The Affidavit of Explanation must comply with New Zealand legal requirements, including proper execution before an authorized witness such as a Justice of the Peace or solicitor. It can be used in various contexts, from court proceedings to property transactions, immigration matters, or business dealings. The document carries significant legal weight as it is made under oath or affirmation, with serious consequences for false statements. Its format and content are governed by several New Zealand statutes, including the Oaths and Declarations Act 1957 and relevant court rules.

What sections should be included in a Affidavit Of Explanation?

1. Title and Court Reference: Identifies the document as an Affidavit of Explanation and includes any relevant court reference numbers if applicable

2. Deponent Information: Full name, occupation, and address of the person making the affidavit (the deponent)

3. Oath/Affirmation Statement: Formal statement indicating whether the deponent is swearing or affirming the contents

4. Background Context: Brief introduction explaining why this affidavit is being made and its context

5. Statement of Facts: Numbered paragraphs containing the detailed explanation or facts being sworn to

6. Truth Declaration: Formal statement affirming that the contents are true and correct

7. Execution Block: Space for signature, date, and place of signing

8. Jurat: Certification by the authorized person (e.g., solicitor, Justice of the Peace) who witnessed the affidavit

What sections are optional to include in a Affidavit Of Explanation?

1. Interpretation: Definitions section - used when the affidavit contains technical terms or abbreviations that need explanation

2. Related Proceedings: Reference to any related court proceedings - included when the affidavit is part of ongoing legal proceedings

3. Prior Statements: Reference to any previous affidavits or statements - used when this affidavit supplements or corrects previous statements

4. Expert Qualifications: Details of the deponent's qualifications - included when the affidavit contains expert testimony or professional opinions

5. Language Confirmation: Confirmation of language understanding - used when the deponent's first language is not English and a translator was used

What schedules should be included in a Affidavit Of Explanation?

1. Exhibit Schedule: List of all documents referred to in the affidavit and attached as exhibits

2. Supporting Documents: Copies of relevant documents referenced in the affidavit, properly marked as exhibits

3. Translation Certificate: If applicable, certificate from translator confirming accurate translation of the affidavit

4. Reference Documents: Any additional documents that provide context or support for the statements made in the affidavit

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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