Declaration Of Witness Template for New Zealand

A Declaration of Witness is a formal legal document used in New Zealand's legal system where an individual provides a written statement of facts or events they have personally witnessed or have direct knowledge of. The document must comply with the requirements of the New Zealand Oaths and Declarations Act 1957 and must be witnessed by an authorized person such as a Justice of the Peace, lawyer, or notary public. This document serves as a form of evidence and carries legal weight, with the declarant making the statement under the penalty of perjury.

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What is a Declaration Of Witness?

A Declaration of Witness is a crucial legal instrument in New Zealand's legal framework, commonly used when formal written testimony is required to verify facts, events, or circumstances. This document type is governed by the Oaths and Declarations Act 1957 and is utilized across various contexts, from court proceedings to business transactions. The declaration must be made voluntarily and truthfully, with the declarant fully understanding the serious nature of their statement. It serves as evidence in legal proceedings, administrative matters, or official records, and must be properly witnessed by authorized persons such as Justices of the Peace, lawyers, or notary publics. The document typically includes detailed observations or knowledge of specific events, with the declarant accepting legal responsibility for the truthfulness of their statements.

What sections should be included in a Declaration Of Witness?

1. Declaration Header: Formal title and statutory reference to Oaths and Declarations Act 1957

2. Declarant Details: Full legal name, occupation, and residential address of the witness making the declaration

3. Matter Being Witnessed: Clear statement of what events, documents, or circumstances the witness observed

4. Facts and Observations: Detailed account of what the witness personally saw, heard, or experienced, presented in chronological order

5. Truth Statement: Formal statement declaring that the contents are true and correct to the best of the declarant's knowledge and belief

6. Execution Block: Place for signature, date, and details of the authorized person witnessing the declaration

What sections are optional to include in a Declaration Of Witness?

1. Professional Qualifications: Required when the witness's professional expertise is relevant to the matter being witnessed

2. Document References: Required when the witness is attesting to having seen specific documents

3. Additional Witnesses: Required when multiple witnesses are making a joint declaration about the same event

4. Translation Certificate: Required when the witness is declaring facts about a document translation

5. Capacity Statement: Required when the witness needs to establish their capacity or authority to make the declaration

What schedules should be included in a Declaration Of Witness?

1. Exhibit A: Copies of relevant documents referenced in the declaration

2. Photograph Schedule: Photographs or images that the witness is referring to in their declaration

3. Identity Documents: Copies of identification documents where identity verification is crucial to the declaration

4. Supporting Evidence: Any additional documentation that supports or clarifies the witness's declaration

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Witness Statement

Cost

Free to use

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