Oaths and Declarations Act 1957

Part 2 Oaths and affirmations in judicial proceedings

13 Witnesses under 12 may make declarations

(1)

A witness under the age of 12 years who is required, under section 77(2) of the Evidence Act 2006, to make a promise to tell the truth, must, before being examined make the promise:

“I promise to speak the truth, the whole truth, and nothing but the truth”.

(1A)

That promise has the same force and effect as if the witness had taken an oath.

(2)

Despite subsection (1), if a te reo Māori equivalent of the declaration set out in subsection (1) is prescribed by regulations made under section 30A, using that te reo Māori equivalent has the same effect as using the declaration set out in subsection (1).

Compare: 1908 No 56 s 53

Section 13(1): replaced, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

Section 13(1A): inserted, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

Section 13(2): inserted, on 19 December 2002, by section 5 of the Oaths and Declarations Amendment Act 2002 (2002 No 71).