Affidavits

An affidavit is a document that may be used as evidence in court.

The affidavit may be prepared by your lawyer
e.g. an application for a limited licence to drive.

It might be part of a Ministry of Justice form
e.g. an application to dissolve a marriage.

You have to make a statement, in front of an authorised witness, that the contents of the affidavit are true.

You do this by

  • swearing an oath on a religious book such as the Bible or Qur’an.

    • or

  • making an affirmation (a non-religious, solemn and sincere statement).

Affirming and swearing have the same legal status.

Getting an affidavit witnessed by a Justice of the Peace.

  • Fill in your full name, home address, and occupation, before seeing the JP.
  • Do not sign the document until you are with the JP.
  • Bring your affidavit to the Justice of the Peace yourself.
  • Take a photo ID document such as Passport, Driver Licence, Firearms Licence, Kiwi Access card etc.
  • The Justice will ask you if the contents of your affidavit are true.
  • You must answer the question out loud (“yes” or “I do”).
  • Once you have sworn your oath or made your affirmation the Justice will ask you to sign the document.
  • The Justice will sign, date and stamp the affidavit.
  • If the affidavit has more than one page, both you and the JP will initial the other pages.
  • Some affidavits have additional evidence attached. These items are called exhibits. The JP will process them.