Affidavit Of Non Employment Template for New Zealand

An Affidavit of Non Employment is a sworn legal declaration that formally confirms you have no employment relationship with a specific organization during a particular period. In New Zealand, this document carries significant legal weight and must be executed according to strict procedural requirements under the Oaths and Declarations Act 1957.

When do you need this document?

You'll typically need an Affidavit of Non Employment when applying for certain visas where immigration authorities require proof you're not employed by specific entities. Government departments often request this document during contract tender processes to verify no conflicts of interest exist. Courts may require it in legal proceedings where employment relationships could affect the outcome of a case. Regulatory bodies sometimes demand this affidavit to ensure compliance with industry-specific employment restrictions or licensing requirements.

Key legal considerations

The Employment Relations Act 2000 defines what constitutes an employment relationship in New Zealand, making it crucial to understand these distinctions when declaring non-employment status. Your affidavit must clearly specify the organization, the relevant time period, and the exact nature of your relationship (or lack thereof) with that entity. Include any consulting arrangements, contractual relationships, or other business connections that might blur the employment line. Remember that making a false declaration constitutes perjury under Section 111 of the Crimes Act 1961, carrying penalties including imprisonment. The document must establish your basis of knowledge and capacity to make such a declaration.

Legal requirements in New Zealand

Under the Oaths and Declarations Act 1957, your affidavit must be sworn before an authorized person such as a solicitor, barrister, Justice of the Peace, or Commissioner of Oaths. The witness must verify your identity and ensure you understand the serious nature of the declaration. The document must include your full legal name, current address, and occupation. You must state the facts within your personal knowledge and clearly identify the organization and time period in question. The affidavit requires proper formatting with numbered paragraphs and must conclude with a formal jurat clause completed by the authorized witness. Under the Evidence Act 2006, properly executed affidavits are admissible as evidence in New Zealand courts, making accuracy and compliance essential.