Affidavit Of Loss for New Zealand

Affidavit Of Loss Template for New Zealand

An Affidavit of Loss is a formal sworn statement made under oath in which a person declares that a specific item, document, or asset has been lost and provides detailed circumstances surrounding the loss. In New Zealand, this document is governed by the Oaths and Declarations Act 1957 and must be sworn before a qualified witness such as a Justice of the Peace or solicitor. The document serves as an official record of the loss and can be used for various purposes including obtaining replacements for lost documents, insurance claims, or legal proceedings. It must contain specific details about the lost item, circumstances of loss, and a declaration of truth regarding the statements made.

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What is a Affidavit Of Loss?

An Affidavit of Loss is a crucial legal document used in New Zealand when an individual needs to formally declare the loss of important items, documents, or assets. This sworn statement, executed under the provisions of New Zealand's Oaths and Declarations Act 1957, provides a legal basis for various actions such as requesting replacement documents, making insurance claims, or protecting oneself from potential liability. The affidavit must be sworn before an authorized person such as a Justice of the Peace or solicitor, and typically includes detailed information about the lost item, circumstances of the loss, efforts made to locate it, and a formal declaration of truth. The document is particularly important in situations involving lost financial instruments, legal documents, or valuable items where formal documentation of the loss is required by institutions or authorities.

What sections should be included in a Affidavit Of Loss?

1. Title and Introduction: Identifies the document as an Affidavit of Loss and includes the deponent's details

2. Declarant Information: Full legal name, address, occupation, and any other relevant identifying information of the person making the affidavit

3. Description of Lost Item: Detailed description of the lost item including identifying features, serial numbers, or other relevant details

4. Circumstances of Loss: Detailed account of when, where, and how the item was lost or discovered to be missing

5. Efforts to Locate: Description of steps taken to find the lost item

6. Statement of Truth: Declaration that the item has not been sold, transferred, or deliberately disposed of

7. Purpose of Affidavit: Explanation of why the affidavit is being made (e.g., to obtain replacement documents)

8. Execution Block: Space for signature, date, and notary/authorized witness details

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

1. Police Report Reference: Include when a police report has been filed for the lost item

2. Last Known Location: Detailed section about the last known location when relevant to establishing the loss

3. Value Declaration: Include when the lost item has significant monetary value or for insurance purposes

4. Previous Copies: Section declaring whether any copies of the lost item exist, particularly relevant for documents

5. Third Party Interests: Declaration of any third parties who may have interests in the lost item

6. Indemnification: Include when promising to indemnify the receiving party against claims related to the lost item

What schedules should be included in a Affidavit Of Loss?

1. Original Purchase Documentation: Copies of receipts, invoices, or proof of ownership

2. Identification Documents: Copies of the declarant's identification documents

3. Supporting Photographs: Any available photographs or descriptions of the lost item

4. Police Report: Copy of police report if one was filed

5. Search Evidence: Documentation of efforts made to locate the lost item

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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Banking and Financial Services

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