Statutory Declaration (New Zealand)

A Statutory Declaration in New Zealand records facts that the maker solemnly declares to be true before an authorised witness, with effect under the Oaths and Declarations Act 1957.

The key legal basis for statutory declarations in New Zealand is the Oaths and Declarations Act 1957. This Act specifies who may administer statutory declarations (Justices of the Peace, solicitors, notary publics, and other authorised persons), the form declarations must take, and the effect of the declaration. It also incorporates by reference the criminal sanctions for false declarations under the Crimes Act 1961.

A statutory declaration differs from an affidavit in an important respect. An affidavit is a sworn or affirmed statement used as evidence in court proceedings, and is governed primarily by the High Court Rules 2016 and the Evidence Act 2006. A statutory declaration is a more general document used outside of court proceedings — typically for government agency purposes, administrative matters, insurance, banking, and similar contexts. Both carry criminal sanctions for false statements, but the statutory declaration has a broader application.

Under the Oaths and Declarations Act 1957, the declarant must declare the truth of the statements by using the words 'I solemnly and sincerely declare' or equivalent wording required by the Act. The declaration must be made conscientiously, believing the statements to be true. The authorised witness must administer the declaration in person, verify the declarant's identity, and sign and date the document.

The practical effect of a statutory declaration is that it carries significant legal weight. Government agencies, courts, financial institutions, and businesses routinely accept statutory declarations as evidence of facts where direct proof (such as an original document) is unavailable. A statutory declaration is an important legal tool for resolving situations where documentary evidence has been lost, destroyed, or was never created.

Importantly, under the Electronic Transactions Act 2002 (now Part 4 of the Contract and Commercial Law Act 2017), statutory declarations are explicitly excluded from the provisions allowing electronic signatures and transactions. This means a statutory declaration must always be physically signed by the declarant in the presence of the authorised witness — it cannot be executed remotely or electronically.

A Statutory Declaration is needed in New Zealand in a wide range of situations where formal written confirmation of facts is required by a government agency, court, financial institution, professional body, or other organisation.

Common situations in which a statutory declaration is needed include the following.

Lost or destroyed documents: When an important document — such as a certificate of title, insurance policy, contract, or identity document — has been lost or destroyed, a statutory declaration may be required to confirm the fact of loss and to support an application for a replacement. Land Information New Zealand (LINZ), Births Deaths and Marriages (BDM), and insurance companies frequently require statutory declarations in these circumstances.

Identity verification: Where a person cannot provide the standard identity documents required by an organisation, a statutory declaration confirming their identity — typically from the person themselves or from someone who knows them — may be accepted as an alternative. Immigration New Zealand, government agencies, and some financial institutions use statutory declarations for this purpose.

Change of name: Where a person has changed their name informally (not through BDM registration), a statutory declaration confirming the name change may be required to update records. BDM may require a statutory declaration in certain name change or birth registration situations.

Relationship and marital status: A statutory declaration confirming marital status, de facto relationship status, or the existence of a relationship may be required for government benefits, immigration applications, or other purposes.

Property and ownership matters: LINZ and other parties may require statutory declarations in connection with property ownership, boundary disputes, easements, or the resolution of historical title issues.

Insurance and financial claims: Insurers and banks often require statutory declarations as part of claims processes for lost items, fraudulent transactions, or other financial matters.

In all cases, the statutory declaration should be prepared carefully, reviewed by the declarant before signing, and then executed in person before an authorised witness.

An effective New Zealand Statutory Declaration should include the following key elements to meet the requirements of the Oaths and Declarations Act 1957 and to be accepted by the relevant authority.

Declarant's full details: The declarant's full legal name, occupation, and residential or business address must be stated clearly. These details identify the person making the declaration and allow the organisation receiving the declaration to contact them if needed.

Declaration formula: The declaration must use the formal statutory language required by the Oaths and Declarations Act 1957 — specifically 'I solemnly and sincerely declare' or the equivalent prescribed wording. Using informal language or simply saying 'I declare' without the required formula may invalidate the declaration.

Factual statements: The body of the declaration should contain numbered paragraphs, each setting out a specific factual statement within the declarant's personal knowledge. Each paragraph should be clear, concise, and confined to facts — not opinions or conclusions. The declaration must not contain statements the declarant cannot personally verify.

Recipient and purpose: The declaration should state its purpose and the organisation or authority to which it is addressed. This provides context for the receiving authority and confirms the intended use of the document.

Belief in truth: The declaration must conclude with the standard formula confirming that the declarant makes the declaration conscientiously believing the statements to be true and by virtue of the Oaths and Declarations Act 1957.

Witness block (jurat): The declaration must include a jurat — a block at the end showing the date and place of signing, the declarant's signature, and the authorised witness's signature, name, and qualification. The jurat is the formal record that the declaration was made properly.

Date and place: The date and place of making the declaration must be stated in the jurat. This confirms when and where the declaration was executed.

Identity verification: The authorised witness should verify the declarant's identity by asking for a photo identity document (passport, driver licence, or 18+ card) before administering the declaration. The forms-legal.com Statutory Declaration (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.