Statutory Declaration for New Zealand

Statutory Declaration Template for New Zealand

A Statutory Declaration is a formal written statement of fact that is signed by the declarant in the presence of an authorized witness under New Zealand law. Governed by the Oaths and Declarations Act 1957, it allows individuals to declare something to be true for official purposes. The document carries legal weight, with false declarations being punishable under law. It serves as a legally recognized alternative to an affidavit in situations where sworn testimony is required but does not need to be made under oath. The declaration must be witnessed by authorized persons such as Justices of the Peace, lawyers, or other qualified officials in New Zealand.

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What is a Statutory Declaration?

A Statutory Declaration is a crucial legal instrument in New Zealand's legal framework, established under the Oaths and Declarations Act 1957. This document type is used when individuals need to formally declare facts or circumstances to be true for various official purposes. Common uses include confirming identity, verifying qualifications, declaring financial circumstances, or attesting to personal situations for government agencies, financial institutions, or other organizations. The Statutory Declaration must be made voluntarily and signed in the presence of an authorized witness, such as a Justice of the Peace or lawyer. While not sworn under oath like an affidavit, it carries similar legal weight, and making false declarations is a criminal offense under New Zealand law. The document's format and execution requirements are strictly prescribed to ensure its validity and legal enforceability.

What sections should be included in a Statutory Declaration?

1. Title and Header: Clearly states 'Statutory Declaration' and references the Oaths and Declarations Act 1957

2. Declarant Information: Full name, occupation, and residential address of the person making the declaration

3. Declaration Statement: Standard opening statement 'I, [name], of [address], [occupation], solemnly and sincerely declare that:'

4. Facts and Statements: Numbered paragraphs containing the substantive content of what is being declared

5. Declaration Closure: Standard closing statement 'And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957'

6. Execution Block: Space for signature, date, and details of the authorized witness (e.g., Justice of the Peace, lawyer, etc.)

What sections are optional to include in a Statutory Declaration?

1. Exhibits Reference: Section referencing any attached documents or exhibits that support the declaration, used when the declaration relies on supporting documentation

2. Interpreter Details: Required when the declaration is made through an interpreter, including interpreter's details and certification

3. Purpose Statement: Optional section stating the specific purpose for which the declaration is being made, used when context is important for the declaration

4. Capacity Statement: Used when the declarant is making the declaration in a specific capacity (e.g., as director of a company)

What schedules should be included in a Statutory Declaration?

1. Exhibit A, B, C etc.: Supporting documents referenced in the declaration, each marked with a unique identifier

2. Interpreter's Certificate: Where applicable, a certificate from the interpreter confirming accurate translation

3. Schedule of Supporting Facts: Detailed listing of facts or information that supports the main declaration, used when there is extensive detail that would interrupt the flow of the main 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 | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Government and Public Sector

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Compliance Officer

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Bank Manager

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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