Affidavit (New Zealand)

An Affidavit in New Zealand sets out sworn statements of fact for use as evidence, verified before an authorised witness in accordance with the Oaths and Declarations Act 1957.

Affidavits are used across the New Zealand court system including the High Court, District Court, Family Court, Employment Court, Environment Court, and the Court of Appeal. They are also used before tribunals including the Tenancy Tribunal, Employment Relations Authority, and Immigration and Protection Tribunal. The affidavit is the primary means of placing sworn factual evidence before the court in applications and hearings where oral testimony is not taken — for example, on summary judgment applications, injunction applications, and applications for various orders.

The deponent of an affidavit is the person who makes it. The deponent swears or affirms the truth of the contents and physically signs the affidavit in the presence of an authorised witness. The authorised witness administers the oath or affirmation and signs the jurat — the formal clause at the end of the affidavit recording that the oath or affirmation was properly administered. The witness does not verify the truth of the contents; rather, they verify that the deponent understood the nature of the oath and signed the document voluntarily.

The distinction between swearing on oath and making an affirmation is important. Under the Oaths and Declarations Act 1957, a deponent may swear on a religious text (such as the Bible, the Quran, or another holy book appropriate to their faith) or may make a solemn affirmation without any religious reference. Both have identical legal effect — the choice is a matter for the deponent based on their personal beliefs.

Making a false statement in an affidavit is perjury under section 108 of the Crimes Act 1961, carrying a maximum penalty of seven years' imprisonment. This reflects the central importance of truthful sworn evidence in the administration of justice.

Under the Electronic Transactions Act 2002 (now Part 4 of the Contract and Commercial Law Act 2017), affidavits are explicitly excluded from the provisions permitting electronic signatures and electronic transactions. A New Zealand affidavit must always be physically signed by the deponent in the presence of the authorised witness.

An Affidavit (New Zealand) is needed whenever court rules or the court's directions require sworn or affirmed evidence to be placed before a court or tribunal in written form.

Summary judgment applications are one of the most common contexts in which affidavits are required. Under the High Court Rules 2016 and District Court Rules 2014, an application for summary judgment must be supported by an affidavit setting out the evidence on which the applicant relies. The responding party must also file an affidavit in opposition if they wish to challenge the application.

Injunction applications — for example, applications for urgent interim injunctions under the High Court Rules 2016 or restraining orders under the Family Violence Act 2018 — typically require supporting affidavits setting out the urgency and the basis for the relief sought.

Family Court proceedings commonly require affidavits from parents, guardians, and other parties in relation to parenting orders under the Care of Children Act 2004, and in property division matters under the Property (Relationships) Act 1976.

Employment Court proceedings before the Employment Court of New Zealand and applications before the Employment Relations Authority often require affidavit evidence from employees and employers setting out factual matters relevant to personal grievances, unjustified dismissal claims, and other employment disputes.

Tenancy Tribunal applications may also require written evidence in affidavit form, depending on the nature and complexity of the tenancy dispute.

Affidavits are also required in probate proceedings, in applications for orders under the Trusts Act 2019 or the Companies Act 1993, and in a wide range of other court and tribunal contexts. Whenever a court or tribunal requires sworn evidence in writing, an affidavit is the document to use.

An Affidavit (New Zealand) must comply with the High Court Rules 2016 (rules 9.1–9.10) and must contain the following key elements to be admissible and effective as evidence in court or tribunal proceedings.

Court heading: Every affidavit must be headed with the full name of the court or tribunal, the registry, the proceeding number, and the names of the parties (or their roles, such as Plaintiff and Defendant, or Applicant and Respondent). This heading ties the affidavit to the specific court proceeding and confirms it is filed in the correct registry.

Title: The affidavit must be titled to identify it — for example, 'Affidavit of [Name]' — and should state whether it is the first, second, or subsequent affidavit of that deponent in the proceeding. Numbering affidavits is essential in multi-stage litigation before the High Court or District Court.

Deponent's introductory paragraph: The first paragraph must state the deponent's full legal name, occupation, and address. The deponent must also state their role in the proceeding (plaintiff, defendant, director of a party, witness, etc.) and their basis for the knowledge set out in the affidavit.

Numbered factual paragraphs: The body of the affidavit must be set out in numbered paragraphs. Under rule 9.3 of the High Court Rules 2016, each paragraph must be confined to facts within the deponent's personal knowledge (except for interlocutory applications where information and belief — with source stated — is permitted). Paragraphs should be short, specific, and focused on one fact or event each.

Exhibits: Documents referred to in the affidavit must be attached as exhibits, each identified by a letter (Exhibit A, B, etc.) and initialled by both the deponent and the witness at the time of swearing under rule 9.5 of the High Court Rules 2016. The affidavit must clearly identify each exhibit in the relevant paragraph with a reference such as 'exhibited hereto and marked Exhibit A.'

Jurat: The jurat is the formal oath or affirmation clause at the end of the affidavit. It states where and when the affidavit was sworn or affirmed, and includes the deponent's signature, the witness's signature, and the witness's name and qualification. The jurat must comply with the prescribed form under the Oaths and Declarations Act 1957. The authorised witness — typically a barrister and solicitor of the High Court of New Zealand, a Justice of the Peace, or a notary public — must be physically present when the deponent signs and must administer the oath or affirmation in person.

Perjury warning and truthfulness: Every deponent should be aware that under section 108 of the Crimes Act 1961, making a false statement in a New Zealand affidavit constitutes perjury, carrying a maximum penalty of seven years' imprisonment. The Evidence Act 2006 also governs the admissibility and weight given to affidavit evidence in proceedings before New Zealand courts.

The forms-legal.com Affidavit (New Zealand) provides a ready-to-use template that complies with the High Court Rules 2016, the Oaths and Declarations Act 1957, the Evidence Act 2006, and the Crimes Act 1961 — the key legislative framework governing sworn evidence in New Zealand court proceedings.