Oaths and Declarations Act 1957

If you need more information about this Act, please contact the administering agency: Ministry of Justice
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

(ea)

a Registrar (including the Chief Registrar) or Deputy Registrar of the Māori Land 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)(ea): inserted, on 30 November 2022, by section 86 of the Statutes Amendment Act 2022 (2022 No 75).

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).