Affidavit Of Settlement for New Zealand

Affidavit Of Settlement Template for New Zealand

An Affidavit of Settlement is a formal sworn document used in New Zealand's legal system to formally record and verify the terms and conditions of a settlement agreement between parties. This document, which must comply with New Zealand's Oaths and Declarations Act 1957 and relevant court rules, serves as an official record of the settlement terms and includes detailed information about the dispute resolution, agreed terms, and any conditions that must be met. It requires proper execution before an authorized witness such as a Justice of the Peace or solicitor and can be used in various contexts from commercial disputes to personal injury claims.

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What is a Affidavit Of Settlement?

The Affidavit of Settlement is a crucial legal document within New Zealand's judicial system, used when parties need to formally document the resolution of a dispute through settlement. This document type is commonly required in various situations ranging from commercial disagreements to personal injury claims, property disputes, and employment matters. The affidavit must comply with New Zealand's legal requirements, particularly the Oaths and Declarations Act 1957 and the High Court Rules 2016. It serves as both a sworn statement and an official record of the settlement terms, typically including detailed information about the dispute's background, agreed resolution terms, and any conditions or obligations that parties must fulfill. The document must be sworn or affirmed before an authorized witness, making it a binding legal document that can be relied upon in court proceedings or future reference.

What sections should be included in a Affidavit Of Settlement?

1. Title and Court Reference: Formal title of the document including court reference number if applicable

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

3. Matter Introduction: Brief statement identifying the legal matter or proceeding the affidavit relates to

4. Background of Dispute: Chronological narrative of events leading to the dispute and subsequent settlement

5. Settlement Terms: Detailed outline of the agreed settlement terms and conditions

6. Compliance Statement: Statement confirming compliance with or completion of settlement terms

7. Statement of Truth: Formal declaration that the contents are true and correct to the best of the deponent's knowledge

8. Execution Block: Space for signature, date, and witness details as required by NZ law

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

1. Payment Terms: Detailed description of any monetary settlement terms, including payment schedules and methods

2. Property Transfer Details: Specific information about any property transfers involved in the settlement

3. Confidentiality Provisions: Details of any confidentiality agreements related to the settlement

4. Third Party Rights: Information about any third party rights or obligations affected by the settlement

5. Mutual Release Clauses: Details of mutual releases from future claims

6. Tax Implications: Statement regarding tax considerations or implications of the settlement

7. Legal Costs: Details of how legal costs are to be handled between parties

What schedules should be included in a Affidavit Of Settlement?

1. Schedule A - Settlement Payment Details: Detailed breakdown of settlement amounts and payment schedule

2. Schedule B - Property Details: Complete description of any property involved in the settlement

3. Schedule C - Supporting Documents: List and copies of relevant supporting documents referenced in the affidavit

4. Appendix 1 - Settlement Agreement: Copy of the executed settlement agreement

5. Appendix 2 - Correspondence: Copies of relevant correspondence relating to the settlement

6. Appendix 3 - Court Orders: Copies of any relevant court orders or judgments

7. Appendix 4 - Evidence: Copies of key evidence referenced 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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