The Short Title of this Act is “The Promissory Oaths Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto.

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

I,  , do swear that I will be faithful and bear true allegiance to His [or Her] Majesty [Specify the name of the reigning sovereign, as thus: King Edward the Seventh], his [or her] heirs and successors, according to law. So help me God.

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

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

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

I,  , do swear that I will well and truly serve His [or Her] Majesty [Specify as above], his [or her] heirs and successors, according to law, in the office of; 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.

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

I, Ibid, secs. 4, 12, being chosen and admitted of the Executive Council of New Zealand, do 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 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.

The above oath when duly taken shall be deemed to refer to and include any Lieutenant-Governor, Officer Administering the Government, or Deputy of the Governor for the time being acting in the affairs of New Zealand.

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; and such oaths shall be tendered 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, or otherwise as the Governor directs, at a meeting of the Executive Council.

The Oath of Allegiance and Judicial Oath shall be taken by each of the officers named in the Second Schedule hereto as soon as may be after his acceptance of office; and such oaths shall be tendered and taken in such manner as the Governor from time to time directs, or, in the absence of such direction, in the manner in which they would have been tendered and taken prior to the passing of this Act.

The Official Oath shall be taken by each of the officers named in the Third Schedule hereto as soon as may be after his acceptance of office, and in the manner in that behalf mentioned in the said Schedule.

If any officer mentioned in this Act or in the Schedules hereto declines or neglects, when any oath required to be taken by him under this Act is duly tendered, to take such 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.

No person shall be required or authorised to take the Oaths of Allegiance, Supremacy, and Abjuration, or any of such oaths, or any oath substituted for such oaths or any of them, or to make any affirmation or declaration to the like effect of such oaths or any of them, except so far as regards the oath referred to in this Act as the Oath of Allegiance, the persons required to take the Oath of Allegiance by this Act and the Constitution Act, and “The Aliens Act, 1908,” or one of such Acts, any Act, Ordinance, statute, or charter to the contrary notwithstanding.

Where any oath is required to be taken under this Act, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words “solemnly, sincerely, and truly declare and affirm” for the word “swear,” and omitting the words “So help me God.”

Where in any case not provided for by this Act or included within the saving clauses thereof 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 such oath in such form as the person who would have administered such 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.

The making of 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.

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

Nothing in this Act shall affect—

No person appointed to or holding any office or place or admitted to any rights or privileges before the coming into operation 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 such appointment, office, place, or admission.