The Affidavit of Memorandum is a specialized legal document used within New Zealand's legal framework to formally record sworn statements relating to specific facts, intentions, or circumstances. This document type combines the evidentiary weight of an affidavit with the detailed record-keeping nature of a memorandum, making it particularly valuable in situations requiring both formal attestation and detailed documentation. The document must be prepared in accordance with New Zealand legal requirements, including proper witnessing by authorized persons and compliance with the Oaths and Declarations Act 1957. Common uses include property transactions, corporate matters, court proceedings, and official records where a sworn statement of facts or intentions needs to be preserved. The Affidavit of Memorandum's formal nature and legal standing make it an important tool in both litigation and non-litigation contexts, providing a reliable record of sworn testimony that can be used in various legal and administrative proceedings.
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1. Title and Court Reference: Formal heading including the court jurisdiction, case number if applicable, and matter reference
2. Deponent Details: Full legal name, occupation, and residential/business address of the person making the affidavit
3. Oath/Affirmation Statement: Formal declaration of truth and statement of whether the deponent is swearing an oath or making an affirmation
4. Background and Capacity: Establishes the deponent's relationship to the matter and basis for having knowledge of the facts stated
5. Facts and Circumstances: Chronological presentation of relevant facts and circumstances, with each paragraph numbered and containing a single fact or point
6. Declaration of Truth: Formal closing statement affirming that the contents are true and correct to the best of the deponent's knowledge and belief
7. Execution Block: Space for signature of deponent and qualified witness (usually a solicitor or Justice of the Peace), including date and location of signing
1. Exhibits Reference: Section referring to attached documents or exhibits, used when the affidavit relies on supporting documentation
2. Professional Qualifications: Section detailing the deponent's professional background and qualifications, included when expertise is relevant to the content
3. Previous Related Proceedings: Reference to any related legal proceedings or prior affidavits, included when there is relevant historical context
4. Third Party Statements: Section reporting statements made by others, used when hearsay evidence needs to be included with appropriate qualifications
5. Interpreter Declaration: Required when the deponent requires an interpreter, including details of the interpreter and confirmation of accurate translation
1. Exhibit Schedule: List of all exhibits attached to the affidavit, with reference numbers and brief descriptions
2. Document Index: Detailed index of all referenced documents, including dates and document IDs
3. Timeline of Events: Chronological summary of relevant events mentioned in the affidavit
4. Supporting Certificates: Copies of relevant certificates, registrations, or official documents referenced in the affidavit
5. Photograph Annexure: Compilation of relevant photographs or images, each properly labeled and dated
Relevant legal definitions
Affidavit
Memorandum
Deponent
Commissioner for Oaths
Exhibit
Oath
Affirmation
Statutory Declaration
Witness
Subject Matter
Declarant
Jurisdiction
Court
Swear
Affirm
Execute
Authorised Person
Justice of the Peace
Supporting Documents
Verified Statement
Legal Proceeding
Relevant Date
Subject Property
Parties
Relevant Facts
Memorandum
Deponent
Commissioner for Oaths
Exhibit
Oath
Affirmation
Statutory Declaration
Witness
Subject Matter
Declarant
Jurisdiction
Court
Swear
Affirm
Execute
Authorised Person
Justice of the Peace
Supporting Documents
Verified Statement
Legal Proceeding
Relevant Date
Subject Property
Parties
Relevant Facts
Clauses
Identification
Capacity Declaration
Authority
Verification
Subject Matter
Statement of Facts
Supporting Evidence
Document Reference
Execution
Witness Attestation
Exhibits Declaration
Truth Declaration
Professional Qualification
Documentary Evidence
Prior Proceedings
Interpreter Declaration
Property Description
Timeline Declaration
Related Matters
Authentication
Capacity Declaration
Authority
Verification
Subject Matter
Statement of Facts
Supporting Evidence
Document Reference
Execution
Witness Attestation
Exhibits Declaration
Truth Declaration
Professional Qualification
Documentary Evidence
Prior Proceedings
Interpreter Declaration
Property Description
Timeline Declaration
Related Matters
Authentication
Relevant Industries
Legal Services
Real Estate
Financial Services
Government and Public Sector
Construction
Healthcare
Education
Corporate Services
Insurance
Manufacturing
Mining and Resources
Transportation and Logistics
Relevant Teams
Legal
Compliance
Corporate Secretariat
Risk Management
Administrative Services
Document Control
Human Resources
Corporate Governance
Regulatory Affairs
Relevant Roles
Legal Counsel
Corporate Secretary
Compliance Officer
Risk Manager
Property Manager
Contract Administrator
Legal Administrator
Court Registrar
Paralegal
Document Controller
Human Resources Manager
Company Director
Chief Legal Officer
Regulatory Affairs Manager
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