Oaths and Declarations Act 1957

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Oaths and Declarations Act 1957

Public Act
 
1957 No 88
Date of assent
 
24 October 1957
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
3Form in which oath may be administered
4Right to make affirmation instead of oath
4AOaths and affirmations in Māori
5Oath not affected by absence of religious belief
6Unlawful administration of oaths
7Persons may make declarations
8Manner of making declarations
9Declarations made in New Zealand
10Commonwealth representatives may administer oaths
11Declarations made outside New Zealand
12Oaths and declarations of servicemen outside New Zealand
13Witnesses under 12 may make declarations
14Who may administer oaths
15Mode of administration if not objected to
16Witness may be sworn in Scots form
17Oath of allegiance
18Judicial oath
19Executive Councillor’s oath
20Parliamentary Under-Secretary’s oath
21Official oath
22By whom oath of allegiance and judicial oath to be taken
23By whom oath of allegiance and Executive Councillor’s oath to be taken
24By whom Parliamentary Under-Secretary’s oath to be taken
25By whom official oath to be taken [Repealed]
26Effect of neglecting to take oath
27Oath of allegiance not to be taken except under this Act and other specified Acts
28Declarations instead of oaths in certain cases
29Saving as to certain oaths
30Saving as to persons already holding offices
30ARegulations
31Certain United Kingdom Acts to cease to have effect as part of the law of New Zealand
32Repeals and savings
[Repealed]
Reprint notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to oaths, affirmations, and declarations

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

 
1 Short Title and commencement

(1)

This Act may be cited as the Oaths and Declarations Act 1957.

(2)

This Act shall come into force on 1 April 1958.

2 Interpretation

In this Act, unless the context otherwise requires,—

Commonwealth means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any Commonwealth country is responsible; and also includes the Republic of Ireland as if that country were a member of the British Commonwealth of Nations

Commonwealth representative means any Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Chargé d’Affaires, Head of Mission, Consular Officer, Pro-consul, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Commissioner, Minister, Counsellor, Chargé d’Affaires, or Head of Mission

oath means an oath administered or taken for any purpose, whether in judicial proceedings or otherwise

person acting judicially means any person having in New Zealand by law or by consent of parties authority to hear, receive, and examine evidence

proceeding includes any action, trial, inquiry, cause, or matter, whether civil or criminal or otherwise, in any court or before any person acting judicially.

Compare: 1908 No 56 s 2; 1910 No 17 s 2; 1925 No 19 s 3

Section 2 Commonwealth representative: amended, on 23 October 1963, by section 2 of the Oaths and Declarations Amendment Act 1963 (1963 No 106).

Part 1 Oaths, affirmations, and declarations in general

Oaths and affirmations

3 Form in which oath may be administered

An oath may be administered and taken in any of the manners following:

(a)

the person taking the oath may, while holding in his hand a copy of the Bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law; or

(b)

the person administering the oath may repeat the appropriate form of adjuration commencing with the words “You swear by Almighty God that,” or words to the like effect, and concluding with the words of the oath as prescribed or allowed by law, and the person taking the oath shall thereupon, while holding in his hand a copy of the Bible, New Testament, or Old Testament, indicate his assent to the oath so administered by uttering the words “I do”, or other words to the like effect; or

(c)

the oath may be administered and taken in any manner which the person taking it may declare to be binding on him.

Compare: 1910 No 17 s 3; Oaths Act 1838 s 3 (UK)

4 Right to make affirmation instead of oath

(1)

Every person shall be entitled as of right to make his affirmation, instead of taking an oath, in all places and for all purposes where an oath is required by law, and every such affirmation shall be of the same force and effect as an oath.

(2)

Every such affirmation shall be as follows: “I, AB, solemnly, sincerely, and truly declare and affirm,” and shall then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

(3)

Every affirmation in writing shall begin, “I, AB, of [specify], solemnly and sincerely affirm”; and the form instead of jurat shall be, “Affirmed at [place, date] before me.”

Compare: 1908 No 56 s 50; 1908 No 151 s 11; New Zealand Constitution Act 1852 s 47 (UK)

4A Oaths and affirmations in Māori

(1)

If a te reo Māori equivalent of any of the oaths or affirmations set out in this Act is prescribed by regulations made under section 30A, using that te reo Māori equivalent has the same effect as using the oath or affirmation set out in this Act.

(2)

This section applies despite anything in section 4 or in any of sections 16 to 21.

Section 4A: inserted, on 19 December 2002, by section 3 of the Oaths and Declarations Amendment Act 2002 (2002 No 71).

5 Oath not affected by absence of religious belief

Where an oath has been duly administered and taken, the fact that the person to whom the same was administered had at the time of taking the oath no religious belief shall not for any purpose affect the validity of the oath.

Compare: 1908 No 56 s 52

6 Unlawful administration of oaths

(1)

No person shall administer, or cause or allow to be administered, or cause or allow to be received, any oath, affidavit, or affirmation relating to any matter or thing in respect of which that person has not jurisdiction or cognisance by some law in force for the time being.

(2)

Every person who wilfully acts in contravention of subsection (1) commits an offence, and is liable on conviction to a fine not exceeding $100.

(3)

Nothing in this section shall extend to any oath, affidavit, or affirmation before any Justice of the Peace or Community Magistrate relating to the preservation of the peace or the prosecution, trial, or punishment of offences, or relating to any proceedings before the House of Representatives or before any Committee thereof, or to any oath, affidavit, or affirmation for the purpose of legal proceedings in any other country or required by the laws of any other country to give validity to any instrument in writing designed to be used in that country.

Compare: 1927 No 37 s 299

Section 6(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 6(3): amended, on 30 June 1998, by section 2 of the Oaths and Declarations Amendment Act 1998 (1998 No 81).

Declarations

7 Persons may make declarations

Any person may voluntarily make any declaration in the manner provided in section 9 or section 11.

Compare: 1927 No 37 ss 300, 301

8 Manner of making declarations

Where by any law in force in New Zealand (whether made before or after the commencement of this Act) any person is authorised or required to make a declaration or a statutory declaration, that declaration shall be made and subscribed in the manner prescribed by section 9 or section 11, as the case may require.

Compare: 1927 No 37 s 300

9 Declarations made in New Zealand

(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 the 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 Māori equivalent of the declaration prescribed in Schedule 1 is prescribed by regulations made under section 30A, using that te reo Māori equivalent has the same effect as using the declaration prescribed in Schedule 1.

Section 9: replaced, on 27 September 2001, by section 3 of the Oaths And Declarations Amendment Act 2001 (2001 No 75).

Section 9(1)(ca): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

Section 9(1)(e): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 9(1)(i): replaced, on 19 December 2002, by section 4(1) of the 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).

Section 9(1)(ia): inserted, on 19 December 2002, by section 4(1) of the Oaths and Declarations Amendment Act 2002 (2002 No 71).

Section 9(1)(j): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 9(2): inserted, on 19 December 2002, by section 4(2) of the Oaths and Declarations Amendment Act 2002 (2002 No 71).

Oaths, affirmations, and declarations made outside New Zealand

10 Commonwealth representatives may administer oaths

(1)

In this section, unless the context otherwise requires,—

affidavit includes any affirmation, acknowledgment, examination, or attestation or protestation of honour

oath includes an affirmation

swear includes affirm and protest.

(2)

Every Commonwealth representative exercising his functions in any place outside New Zealand may, in that place, administer any oath and take any affidavit, and also do any notarial act which any notary public can do within New Zealand; and every oath, affidavit, and notarial act administered, sworn, or done by or before any such representative shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in New Zealand.

(3)

Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal or signature of any person authorised by this section to administer an oath in testimony of any oath, affidavit, or act being administered, taken, or done by or before him shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person.

Compare: 1939 No 39 s 21

11 Declarations made outside New Zealand

(1)

A declaration made in a Commonwealth country other than New Zealand shall be made before a Judge, a Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of a judicial proceeding, or before a Commonwealth representative, or before a solicitor of the High Court of New Zealand.

(2)

A declaration made in a country other than a Commonwealth country shall be made before a Commonwealth representative, or before a Judge, or before a notary public, or before a solicitor of the High Court of New Zealand.

(3)

Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal or signature of any person authorised by this section to take a declaration shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person or of the official or other character of that person.

Compare: Statutory Declarations Act 1835 s 15 (UK)

Section 11(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 11(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

12 Oaths and declarations of servicemen outside New Zealand

(1)

In this section, unless the context otherwise requires,—

affidavit includes an affirmation and a statutory or other declaration

allied force includes any force which is co-operating with any New Zealand armed force; and also includes any United Nations force

member, in relation to any naval, military, or air force, includes any person who by the law of the country to which the force belongs is subject to the naval, military, or air force law thereof

oath includes an affirmation and a declaration; and also includes, as well as evidentiary oaths, any promissory oath, including, in particular, any oath of allegiance (whether required for the purposes of the Citizenship Act 1977 or of any other enactment or for any other purpose)

swear includes affirm and declare.

(2)

Any officer of any of the armed forces of any Commonwealth country or of any allied force who holds a rank not below that of Lieutenant-Commander, Major, or Squadron Leader, or an equivalent rank, or who holds an appointment as a Legal Staff Officer may, while serving outside New Zealand, administer oaths to, and take affidavits from, any member of any of the said forces, and every oath or affidavit administered by or sworn before any such officer as aforesaid shall be as effectual as if duly administered by or sworn before any lawful authority in New Zealand:

provided that an officer of an allied force shall not be entitled under this subsection to administer any promissory oath.

(3)

An officer who administers an oath or takes an affidavit by virtue of the powers conferred by this section shall state, in the jurat or attestation to the document in respect of which the power is being exercised or after his signature, the date on which the oath or affidavit is administered or sworn, and the name and rank of the officer, and (if his rank is below that of Lieutenant-Commander, Major, or Squadron Leader, or an equivalent rank) the fact that he is a Legal Staff Officer; and it shall not be necessary to state the place where the oath or affidavit is administered or sworn.

(4)

Any document purporting to have subscribed thereto the signature of any officer in testimony of any oath or affidavit being administered by or sworn before him (whether before or after the commencement of this Act) shall be admitted in evidence without proof of the rank or appointment of the officer and without proof that the signature is the signature of the officer or that the officer was, on the date on which the oath or affidavit was administered or sworn, serving outside New Zealand.

Compare: 1945 No 16 ss 7, 8

Section 12(1) oath: amended, on 1 January 1978, pursuant to section 30(1) of the Citizenship Act 1977 (1977 No 61).

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).

14 Who may administer oaths

All courts and all persons acting judicially are hereby empowered to administer an oath to all such witnesses as are lawfully called or voluntarily come before them respectively or to take the affirmation of any such witness instead of an oath.

Compare: 1908 No 56 s 51

15 Mode of administration if not objected to

In all judicial proceedings the person administering the oath shall, unless the person about to take the oath voluntarily objects thereto, administer the oath in the form and manner set out in paragraph (b) of section 3, but no oath shall be deemed illegal or invalid by reason of any breach of the provisions of this section.

Compare: 1910 No 17 s 4

16 Witness may be sworn in Scots form

Every witness in any civil or criminal proceeding, or in any inquiry or examination before any court or person acting judicially, shall be entitled, if he so wishes, instead of taking the oath usually administered to witnesses, to have an oath administered to him in the form following, that is to say: the person administering the oath shall hold up his hand, and say to the witness, “Witness, hold up your hand, and repeat after me,—

“I swear by Almighty God, as I shall answer to God at the great day of judgment, that I will speak the truth, the whole truth, and nothing but the truth.”

Compare: 1908 No 56 s 49

Part 3 Promissory oaths and affirmations

17 Oath of allegiance

The oath in this Act referred to as the oath of allegiance shall be in the form following, that is to say:

I, [specify], swear that I will be faithful and bear true allegiance to Her [or His] Majesty [specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second], Her [or His] heirs and successors, according to law. So help me God.

Compare: 1908 No 151 s 2

18 Judicial oath

The oath in this Act referred to as the judicial oath shall be in the form following, that is to say:

I, [specify], swear that I will well and truly serve Her [or His] Majesty [specify as above], Her [or His] heirs and successors, according to law, in the office of [specify]; and I will do right to all manner of people after the laws and usages of New Zealand, without fear or favour, affection or ill will. So help me God.

Compare: 1908 No 151 s 4

19 Executive Councillor’s oath

(1)

The oath in this Act referred to as the Executive Councillor’s oath shall be in the form following, that is to say:

I, [specify], being chosen and admitted of the Executive Council of New Zealand, swear that I will to the best of my judgment, at all times when thereto required, freely give my counsel and advice to the Governor-General for the time being, for the good management of the affairs of New Zealand. That I will not directly nor indirectly reveal such matters as shall be debated in Council and committed to my secrecy, but that I will in all things be a true and faithful Councillor. So help me God.

(2)

[Repealed]

Compare: 1908 No 151 s 7

Section 19(2): repealed, on 1 November 1983, by section 5(b) of the Acts Interpretation Amendment Act 1983 (1983 No 22).

20 Parliamentary Under-Secretary’s oath

The oath in this Act referred to as the Parliamentary Under-Secretary’s oath shall be in the form following, that is to say:

I, [specify], swear that I will well and truly serve Her [or His] Majesty [specify as above], Her [or His] heirs and successors, according to law, in the office of Parliamentary Under-Secretary. So help me God.

Compare: 1950 No 99 s 15(1)

21 Official oath

The oath in this Act referred to as the official oath shall be in the form following, that is to say:

I, [specify], swear that I will well and truly serve Her [or His] Majesty [specify as above], Her [or His] heirs and successors, according to law, in the office of [specify]. So help me God.

Compare: 1908 No 151 s 3

Persons to make and administer oaths

22 By whom oath of allegiance and judicial oath to be taken

(1)

The oath of allegiance and the judicial oath shall be taken by each of the officers named in Schedule 2 as soon as may be after his acceptance of office.

(2)

The oaths to be taken under this section shall be administered by the following persons in such manner as the person administering the oath sees fit to adopt:

(a)

in the case of the Chief Justice, a Judge of the High Court, or a Master of the High Court, by a Judge of the High Court:

(aaa)

in the case of a Judge of the Court Martial, by the Judge Advocate General or a Judge of the High Court:

(aa)

in the case of a Judge of the Employment Court, by a Judge of the High Court or a Judge of the Employment Court:

(b)

in the case of a Judge of the Maori Land Court, by a Judge of the High Court or a Judge of the Maori Land Court:

(c)

in the case of any other officer referred to in Schedule 2, by a Judge of the High Court or a District Court Judge.

Compare: 1908 No 151 s 7; 1927 No 37 s 7; 1947 No 16 s 5(6); 1948 No 50 s 8; 1951 No 73 s 3; 1953 No 94 s 20(1), (3); 1954 No 72 s 18(6); 1956 No 62 s 41(6)

Section 22(2)(a): replaced, on 17 December 2016, by section 72 of the Statutes Amendment Act 2016 (2016 No 104).

Section 22(2)(aaa): inserted, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 22(2)(aa): inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 22(2)(b): amended, on 4 December 1982, by section 5(6)(a) of the Maori Purposes Act 1982 (1982 No 124).

Section 22(2)(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 22(2)(c): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 22(2)(c): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

23 By whom oath of allegiance and Executive Councillor’s oath to be taken

(1)

The oath of allegiance and the Executive Councillor’s oath shall be taken by every person appointed to the Executive Council of New Zealand as soon as may be after his acceptance of office.

(2)

The oaths to be taken under this section shall be administered by the Clerk of the Executive Council, or officer for the time being acting as Clerk of the Executive Council, in the presence of the Governor-General, or otherwise as the Governor-General directs, at a meeting of the Executive Council.

Compare: 1908 No 151 s 6

24 By whom Parliamentary Under-Secretary’s oath to be taken

(1)

The Parliamentary Under-Secretary’s oath shall be taken by every person appointed to the office of Parliamentary Under-Secretary as soon as may be after his acceptance of office.

(2)

The Parliamentary Under-Secretary’s oath shall be administered by a member of the Executive Council or the Clerk of the Executive Council.

Compare: 1950 No 99 s 15

25 By whom official oath to be taken
[Repealed]

Section 25: repealed, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

General provisions

26 Effect of neglecting to take oath

(1)

If any officer mentioned in this Act or in Schedule 2 or Schedule 3 declines or neglects, when any oath required to be taken by him under this Act is duly tendered, to take that oath, he shall if he has already entered on his office vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no person shall be compelled in respect of the same appointment to the same office to take any oath more than once.

(2)

Where any person who is a Justice of the Peace by virtue of his holding any office and has taken the oath of allegiance and the judicial oath is re-elected to that office at the next succeeding election, it shall not be necessary for him to take those oaths on any such re-election.

Compare: 1908 No 151 s 9; 1927 No 37 s 7

27 Oath of allegiance not to be taken except under this Act and other specified Acts

No person shall be required or authorised to take the oath of allegiance, or any oath substituted for that oath, or to make any affirmation or declaration to the same effect as that oath, other than the persons required to take that oath by this Act or the Acts mentioned in Schedule 4.

Compare: 1908 No 151 s 10

28 Declarations instead of oaths in certain cases

(1)

Where in any case not provided for by this Act or included within the savings provisions in section 29 any person would by virtue of any law now in force be required to take any oath on or as a condition of his accepting any employment or office, or being admitted to any rights or privileges, a declaration shall be substituted for that oath in such form as the person who would have administered the oath thinks fit, but so that the declaration shall be to the like effect in all respects as the oath for which it is substituted.

(2)

The making of any such declaration shall in all respects have the same effect as the taking of the oath for which the same is substituted would have had if this Act had not been passed.

(3)

If any person required by this Act to make a declaration instead of an oath declines or neglects to make that declaration, he shall be subject to the same penalties and disabilities (if any) as he would have been subject to for declining or neglecting to take the oath for which the declaration provided by this Act is substituted.

Compare: 1908 No 151 s 12

29 Saving as to certain oaths

Nothing in this Part shall affect—

(a)

any oath required or authorised to be taken by the Governor-General by any letters patent or by any other authority:

(b)

any oath required to be taken under any of the enactments specified in Schedule 4:

(c)

any oath required or authorised by any law in force in New Zealand for the purpose of attesting any fact or verifying any account or document:

(d)

any oath required to be taken by any juror, witness, or other person in pursuance of any law, rule, usage, or custom as preliminary to or in the course of any civil, criminal, naval, military, air force, or other trial, inquest, or proceedings of a judicial nature, including any arbitration or as preliminary to or in the course of any proceedings before a Committee of the House of Representatives, or before any Commission of Inquiry or Commissioner or other special tribunal appointed by the Governor-General or the Governor-General in Council.

Compare: 1908 No 151 s 13

30 Saving as to persons already holding offices

No person appointed to or holding any office or place or admitted to any rights or privileges before the commencement of this Act, who has taken the oath (if any) which under the law previously in force he was required to take, shall be required by virtue of this Act to take any oath or make any declaration in respect of that appointment, office, place, or admission.

Compare: 1908 No 151 s 14

30A Regulations

The Governor-General may, by Order in Council, make regulations prescribing te reo Māori equivalents for any or all of the following:

(a)

the affirmation set out in section 4(2):

(b)

the affirmation set out in section 4(3):

(c)

the declaration set out in section 13(1):

(d)

the oath set out in section 16:

(e)

the oath set out in section 17:

(f)

the oath set out in section 18:

(g)

the oath set out in section 19:

(h)

the oath set out in section 20:

(i)

the oath set out in section 21:

(j)

the declaration prescribed in Schedule 1.

Section 30A: inserted, on 19 December 2002, by section 6 of the Oaths and Declarations Amendment Act 2002 (2002 No 71).

Part 4 Repeals

31 Certain United Kingdom Acts to cease to have effect as part of the law of New Zealand

(1)

As from the commencement of this Act the Acts of the Parliament of England or of the United Kingdom specified in Schedule 5 shall cease to have effect as part of the law of New Zealand.

(2)

It is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924 shall apply with respect to the Acts specified in Schedule 5 as if the last-mentioned Acts were Acts of the Parliament of New Zealand.

(3)

Nothing in this Act shall be deemed to affect the validity of any declaration duly made out of New Zealand before the commencement of this Act in the manner prescribed by the Act of the Parliament of the United Kingdom intituled the Statutory Declarations Act 1835, and every such declaration which, if this Act had not been passed, would be received in evidence in any judicial proceedings shall be received in evidence in those proceedings as if this Act had not been passed.

Section 31(2): amended, on 1 January 1987, by section 29(2) of the Constitution Act 1986 (1986 No 114).

32 Repeals and savings

(1)

The enactments specified in Schedule 6 are hereby repealed.

(2)

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

Schedule 1 Form of declaration

s 9

I, AB, of [place of abode and occupation], solemnly and sincerely declare that [insert facts].

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

AB

Declared at [place, date]

JS, Justice of the Peace

[or other person authorised to take a statutory declaration]

Schedule 2 Persons required to take the oath of allegiance and the judicial oath

s 22(1)

The Chief Justice

The Judges of the High Court

The Judges of the Court Martial

The appointed Judges of the Court Martial Appeal Court (other than retired High Court Judges)

Employment Court Judges

The Judge of the Compensation Court

District Court Judges

The Judges of the Maori Land Court

Associate Judges of the High Court

Justices of the Peace

Community Magistrates

Coroners

Sheriffs

Referees of the Disputes Tribunal established under the Disputes Tribunal Act 1988

Schedule 2: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Schedule 2: amended, on 17 December 2016, by section 73 of the Statutes Amendment Act 2016 (2016 No 104).

Schedule 2: amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Schedule 2: amended, on 1 July 2009, by section 35 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

Schedule 2: amended, on 20 May 2004, pursuant to section 6(3) of the Judicature Amendment Act 2004 (2004 No 45).

Schedule 2: amended, on 7 May 1999, by section 2 of the Oaths and Declarations Amendment Act 1999 (1999 No 43).

Schedule 2: amended, on 30 June 1998, by section 3 of the Oaths and Declarations Amendment Act 1998 (1998 No 81).

Schedule 2: amended, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).

Schedule 2: amended, on 4 December 1982, by section 5(6)(b) of the Maori Purposes Act 1982 (1982 No 124).

Schedule 2: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Schedule 2: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Schedule 2: amended, on 17 April 1978, by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).

Schedule 2: amended, on 8 March 1974, by section 234(1) of the Industrial Relations Act 1973 (1973 No 19).

Schedule 2: amended, on 1 April 1969, by section 15 of the Land Valuation Proceedings Amendment Act 1968 (1968 No 42).

Schedule 3 Persons required to take the official oath

[Repealed]

s 25(1)

Schedule 3: repealed, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

Schedule 4 Other Acts requiring an oath of allegiance

ss 27, 28

Citizenship Act 1977 (1977 No 61)

Constitution Act 1986 (1986 No 114)

Defence Act 1990 (1990 No 28)

Education Amendment Act 1921–22 (1921–22 No 27) (1931 Reprint, Vol II, p 1097)

Policing Act 2008 (2008 No 72)

Schedule 4: amended, on 1 October 2008, pursuant to section 130(4) of the Policing Act 2008 (2008 No 72).

Schedule 4: amended, on 1 August 2008, pursuant to section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Schedule 4: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).

Schedule 4: amended, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114)

Schedule 4: amended, on 1 January 1978, pursuant to section 30(1) of the Citizenship Act 1977 (1977 No 61).

Schedule 4: amended, on 1 April 1972, by section 89(1) of the Defence Act 1971 (1971 No 52).

Schedule 5 Acts of the Parliament of England or of the United Kingdom ceasing to have effect as part of the law of New Zealand

s 31(1)

(1702) 1 Anne Stat 2, Ch 9 (Oaths to be taken by witnesses for the defence)

Colonial Affidavits Act 1859 (22 and 23 Vict, Ch 12)

(Colonies) Evidence Act 1843 (6 and 7 Vict, Ch 22)

Oaths Act 1838 (1 and 2 Vict, Ch 105)

Statutory Declarations Act 1835 (5 and 6 Will 4, Ch 62)

Schedule 5: amended, on 1 January 1987, by section 27 of the Constitution Act 1986 (1986 No 114).

Schedule 6 Enactments repealed

s 32(1)

Civil List Act 1950 (1950 No 99)

Amendment(s) incorporated in the Act(s).

Coroners Act 1951 (1951 No 73)

Amendment(s) incorporated in the Act(s).

Education Amendment Act 1921–22 (1921–22 No 27) (1931 Reprint, Vol II, p 1100)

Amendment(s) incorporated in the Act(s).

Evidence Act 1908 (1908 No 56) (1931 Reprint, Vol III, p 120)

Amendment(s) incorporated in the Act(s).

Evidence Amendment Act 1945 (1945 No 16)

Amendment(s) incorporated in the Act(s).

Industrial Conciliation and Arbitration Act 1954 (1954 No 72)

Amendment(s) incorporated in the Act(s).

Judicature Act 1908 (1908 No 220) (1931 Reprint, Vol II, p 69)

Amendment(s) incorporated in the Act(s).

Justices of the Peace Act 1927 (1927 No 37) (1931 Reprint, Vol II, pp 352, 441, 488)

Amendment(s) incorporated in the Act(s).

Justices of the Peace Amendment Act 1948 (1948 No 20)

Amendment(s) incorporated in the Act(s).

Land Valuation Court Act 1948 (1948 No 50)

Amendment(s) incorporated in the Act(s).

Magistrates’ Courts Act 1947 (1947 No 16)

Amendment(s) incorporated in the Act(s).

Maori Affairs Act 1953 (1953 No 94)

Amendment(s) incorporated in the Act(s).

Oaths Act 1910 (1910 No 17) (1931 Reprint, Vol VI, p 440)
Promissory Oaths Act 1908 (1908 No 151) (1931 Reprint, Vol I, p 1015)
Statutes Amendment Act 1939 (1939 No 39)

Amendment(s) incorporated in the Act(s).

Workers’ Compensation Act 1956 (1956 No 62)

Amendment(s) incorporated in the Act(s).

Reprints notes
1 General

This is a reprint of the Oaths and Declarations Act 1957 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Statutes Amendment Act 2016 (2016 No 104): Part 21

District Court Act 2016 (2016 No 49): section 261

Criminal Procedure Act 2011 (2011 No 81): section 413

Policing Act 2008 (2008 No 72): section 130(4)

Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)

Court Martial Act 2007 (2007 No 101): section 87

Court Martial Appeals Amendment Act 2007 (2007 No 99): section 35

Evidence Act 2006 (2006 No 69): section 216

Lawyers and Conveyancers Act 2006 (2006 No 1): section 349

Judicature Amendment Act 2004 (2004 No 45): section 6(3)

Supreme Court Act 2003 (2003 No 53): section 48(1)

Local Government Act 2002 (2002 No 84): section 262

Oaths and Declarations Amendment Act 2002 (2002 No 71)

Oaths And Declarations Amendment Act 2001 (2001 No 75)

Public Audit Act 2001 (2001 No 10): section 53

Employment Relations Act 2000 (2000 No 24): section 240

Oaths and Declarations Amendment Act 1999 (1999 No 43)

Oaths and Declarations Amendment Act 1998 (1998 No 81)

Defence Act 1990 (1990 No 28): section 105(2)

Disputes Tribunals Act 1988 (1988 No 110): section 82(2)

Constitution Act 1986 (1986 No 114): sections 27, 29(2)

Acts Interpretation Amendment Act 1983 (1983 No 22): section 5(b)

Maori Purposes Act 1982 (1982 No 124): section 5(6)

District Courts Amendment Act 1979 (1979 No 125): section 18(2)

Judicature Amendment Act 1979 (1979 No 124): section 12

Industrial Relations Amendment Act 1977 (1977 No 108): section 6(2)

Citizenship Act 1977 (1977 No 61): section 30(1)

Industrial Relations Act 1973 (1973 No 19): section 234(1)

Defence Act 1971 (1971 No 52): section 89(1)

Land Valuation Proceedings Amendment Act 1968 (1968 No 42): section 15

Oaths and Declarations Amendment Act 1963 (1963 No 106)