Small Claims Affidavit Template for New Zealand

When you're involved in a dispute that requires resolution through New Zealand's Disputes Tribunal, a Small Claims Affidavit becomes your primary tool for presenting evidence and establishing facts. This sworn document allows you to formally state your position, whether you're the claimant seeking compensation or the respondent defending against a claim.

When do you need this document?

You'll need a Small Claims Affidavit when participating in Disputes Tribunal proceedings for claims up to NZD $30,000. This includes situations where you're seeking compensation for faulty goods or services, pursuing payment for unpaid invoices, claiming damages from property issues, or defending against accusations of breach of contract. The document is essential whether you're filing an initial claim, responding to someone else's claim, or providing additional evidence during proceedings. You may also need multiple affidavits if you have witnesses who can support your case with their own sworn statements.

Key legal considerations

Your affidavit must contain only factual information that you can personally verify or have direct knowledge of. Avoid opinions, hearsay, or speculation, as these can weaken your case and may be deemed inadmissible. Include specific dates, amounts, and chronological sequences of events that led to the dispute. Attach relevant supporting documents such as contracts, invoices, receipts, photographs, or correspondence as exhibits. Remember that making false statements in an affidavit constitutes perjury under New Zealand law, which carries serious legal consequences. The document must be structured logically, starting with background facts and progressing through the events that gave rise to your claim or defense.

Legal requirements in New Zealand

Under the Disputes Tribunal Act 1988 and Disputes Tribunal Rules 1989, your affidavit must be sworn or affirmed before an authorized person, typically a Justice of the Peace, Commissioner of Oaths, or solicitor. The document must include your full legal name, occupation, and address, along with a clear statement of whether you're the applicant or respondent. The Evidence Act 2006 governs the admissibility and presentation of your documentary evidence, requiring that all exhibits be properly identified and referenced within your affidavit. The Oaths and Declarations Act 1957 sets out the formal requirements for making the sworn statement, including the specific wording of the oath or affirmation. Ensure your affidavit complies with the Tribunal's formatting requirements and includes the claim reference number for proper case identification.