New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) A declaration made in New Zealand must be in the form in Schedule 1, and must be made before—
(a) a person enrolled as a barrister and solicitor of the High Court; or
(b) a Justice of the Peace; or
(c) a notary public; or
(ca) the Registrar or a Deputy Registrar of the Supreme Court; or
(d) the Registrar or a Deputy Registrar of the Court of Appeal; or
(e) a Registrar or Deputy Registrar of the High Court or a District Court; or
(f) some other person authorised by law to administer an oath; or
(g) a member of Parliament; or
(h) a person who—
(i) is a fellow of the body (incorporated under the Incorporated Societies Act 1908) that, immediately before the commencement of the Oaths and Declarations Amendment Act 2001, was called the New Zealand Institute of Legal Executives; and
(ii) is acting in the employment of the holder of a practising certificate as a barrister and solicitor of the High Court; or
(i) an employee of the New Zealand Transport Agency, authorised for that purpose (by name, or as the holder for the time being of a specified office or title) by the Minister of Justice by notice in the Gazette; or
(ia) an employee of Public Trust constituted under the Public Trust Act 2001, authorised for that purpose (by name, or as the holder for the time being of a specified office or title) by the Minister of Justice by notice in the Gazette; or.
(j) an officer in the service of the Crown, or of a local authority within the meaning of the Local Government Act 2002, authorised for that purpose (by name, or as the holder for the time being of a specified office or title) by the Minister of Justice by notice in the Gazette
(2) Despite subsection (1), if a te reo Maori equivalent of the declaration prescribed in Schedule 1 is prescribed by regulations made under section 30A, using that te reo Maori equivalent has the same effect as using the declaration prescribed in Schedule 1.
The words “High Court”
were substituted for “Supreme Court”
, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
The words “District Court”
were substituted for “Magistrates' Court”
, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).
The original subsection (1) was amended, as from 27 October 1965, by section 2(a) Oaths and Declarations Amendment Act 1965 (1965 No 102) by inserting “, or of a local authority within the meaning of the Local Authorities Loans Act 1956,”
.
The original subsection (1) was amended, as from 20 October 1972, by section 2 Oaths and Declarations Amendment Act 1972 (1972 No 89) by substituting “Minister of Justice”
for “Governor-General”
.
The original subsection (1) was amended, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124) by substituting “employee of New Zealand Post Limited or Post Office Bank Limited”
for “Postmaster or other”
.
The original subsection (1) was amended, as from 2 September 1996, by section 2 Oaths and Declarations Amendment Act 1996 (1996 No 136) by substituting “the Land Transport Safety Authority of New Zealand”
for “Post Office Bank Limited”
.
The original subsection (1) was amended, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2) by omitting “New Zealand Post Limited or”
. See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
The original subsection (2) was amended, as from 27 October 1965, by section 2(b) Oaths and Declarations Amendment Act 1965 (1965 No 102), by inserting “, or of a local authority,”
.
The original subsection (2) was substituted, as from 1 April 1987, by section 32(1) State-Owned Enterprises Act 1986 (1986 No 124).
Section 9 was substituted, as from 27 September 2001, by section 3 Oaths And Declarations Amendment Act 2001 (2001 No 75).
Subsection (1)(ca) was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.
Subsection (1)(i) was substituted, as from 19 December 2002, by section 4(1) Oaths and Declarations Amendment Act 2002 (2002 No 71).
Section 9(1)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subsection (1)(i) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting “Land Transport”
for “the Land Transport Safety Authority of”
. See sections 20 to 22 of that Act as to the savings and transitional provisions.
Subsection (1)(ia) was inserted, as from 19 December 2002, by section 4(1) Oaths and Declarations Amendment Act 2002 (2002 No 71).
Subsection (1)(j) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (2) was inserted, as from 19 December 2002, by section 4(2) Oaths and Declarations Amendment Act 2002 (2002 No 71).