Affidavit Of Non Filing Template for New Zealand

An Affidavit of Non Filing is a sworn statement that formally declares specific documents were not filed or submitted within a particular timeframe. In New Zealand's legal system, this document serves as crucial evidence when you need to prove that certain paperwork, applications, or legal documents were not lodged with courts, government agencies, or other institutions. The affidavit carries significant legal weight and must be prepared with careful attention to detail and accuracy.

When do you need this document?

You typically need an Affidavit of Non Filing when facing legal proceedings where the timing of document submission is disputed or when regulatory bodies require proof that certain filings were not made. Common scenarios include employment disputes where you need to confirm no complaints were filed with WorkSafe, family court matters requiring proof that no previous applications were submitted, or commercial situations where you must demonstrate compliance by showing certain regulatory filings were not required or made. Insurance claims may also require this affidavit to verify that no previous claims were lodged for the same incident.

Key legal considerations

The content of your affidavit must be truthful and complete, as making false statements in a sworn document constitutes perjury under New Zealand law. You must clearly identify the specific documents, time periods, and institutions involved in your statement of non-filing. The affidavit should include your full legal name, occupation, address, and detailed explanation of your knowledge regarding the non-filing. Consider the scope of your statement carefully – if you're unsure whether documents were filed, you should state this uncertainty rather than making absolute claims. Include any relevant background information that establishes your authority to make the statement and explains how you would know if such documents had been filed.

Legal requirements in New Zealand

Under the Oaths and Declarations Act 1957, your affidavit must be sworn or affirmed before an authorized person, typically a solicitor, justice of the peace, or commissioner for oaths. The document must follow the format requirements specified in either the High Court Rules 2016 or District Court Rules 2014, depending on where it will be used. Your affidavit must include a proper jurat (the clause showing when, where, and before whom the oath was taken) and be signed by both you as the deponent and the authorized person taking the oath. The Evidence Act 2006 governs how affidavits are admitted and used in legal proceedings, so ensure your document meets these evidentiary standards. Electronic preparation is acceptable under the Contract and Commercial Law Act 2017, but the final swearing and signing typically must occur in person.