A statutory declaration is a formal written statement in which a person declares that the information they have provided is true and correct.
It is made under the authority of the Oaths and Declarations Act 1957 and is commonly used where an organisation or government agency requires a person to formally confirm certain facts.
Unlike an affidavit, a statutory declaration is generally used outside court proceedings. However, it is still a legal document, and knowingly making a false statutory declaration is a criminal offence that may result in prosecution.
Statutory declarations are relied upon by government departments, Immigration New Zealand, employers, insurers, financial institutions, and many other organisations. Because they may be used to make important legal or administrative decisions, they should be carefully drafted to ensure they are accurate, complete, and relevant.
When is a statutory declaration used?
Statutory declarations can be used in a wide variety of situations where written confirmation of facts is required. Common examples include:
- Immigration New Zealand visa and residence applications
- Confirming a genuine and stable relationship
- Declaring identity or personal circumstances
- Explaining gaps in employment or study
- Confirming financial arrangements
- Insurance claims
- Replacing lost or destroyed documents
- Property transactions
- Employment matters
- Government licensing and regulatory applications
- Business and commercial matters
Every statutory declaration should be drafted specifically for its intended purpose. A declaration that is vague, incomplete, or poorly organised may not provide the information needed by the decision-maker.
Statutory declaration vs affidavit
Although the two documents are similar, they serve different purposes.
An affidavit is generally prepared for use in court proceedings and is sworn or affirmed before a person authorised to administer oaths. A statutory declaration is more commonly used outside the court system for administrative, commercial, immigration, or regulatory purposes.
Choosing the correct document is important, as some organisations specifically require one rather than the other.
Why professional drafting of statutory declarations is important
Many people believe a statutory declaration is simply a matter of writing down the facts. In reality, the way those facts are presented can significantly affect how persuasive and useful the declaration becomes.
- A professionally drafted statutory declaration should:
- Clearly identify the relevant facts
- Present events in a logical and chronological order
- Focus only on information relevant to the issue
- Avoid unnecessary opinions or speculation
- Use clear, concise language
- Comply with New Zealand legal requirements
Poorly drafted declarations often result in requests for further information, delays in applications, or reduced evidential value.
How a barrister can help
A barrister can prepare a statutory declaration that clearly explains your circumstances while ensuring it meets legal requirements and effectively addresses the issues that need to be proved.
- Drafting statutory declarations: A barrister can prepare a professionally drafted statutory declaration based on your instructions, ensuring it accurately records the relevant facts and is tailored to the purpose for which it will be used.
- Reviewing existing declarations: If you have already drafted your own declaration, a barrister can review it, identify potential issues, improve its clarity, and ensure it adequately addresses the matters that need to be established.
- Immigration matters: Statutory declarations are frequently used in Immigration New Zealand applications. They may provide evidence of a genuine relationship, explain unusual circumstances, address character matters, or support visitor, work, student, or residence visa applications. A carefully drafted declaration can strengthen an application by presenting the facts clearly and logically.
- Civil and commercial matters: Statutory declarations are also commonly used in contractual disputes, debt recovery, property transactions, commercial agreements, and other civil matters where formal written evidence is required.
- Personal and family matters: Declarations may also be required to verify identity, family relationships, living arrangements, inheritance issues, or other personal circumstances.
Who can witness a statutory declaration?
A statutory declaration must be signed in the presence of a person authorised by law to witness it. This may include:
- A lawyer (barrister or solicitor)
- A Justice of the Peace (JP)
- A Notary Public
- A Registrar or Deputy Registrar of the court
- Another person authorised under New Zealand law
The declaration is not legally valid until it has been properly signed and witnessed.
Why instruct a barrister?
A statutory declaration is often an important piece of evidence. Having it professionally prepared helps ensure that the relevant facts are presented clearly, accurately, and persuasively. A barrister understands the legal issues involved, knows what information is relevant, and can prepare a declaration that gives your application or legal matter the strongest possible foundation.
Whether you require a statutory declaration for immigration, employment, business, property, or another legal matter, obtaining professional legal assistance can help avoid unnecessary delays and ensure your declaration is fit for purpose.
Whether your declaration relates to immigration, commercial matters, civil disputes, employment, or personal legal issues, you can obtain practical legal advice and a professionally prepared document tailored to your circumstances. Contact me to discuss your statutory declaration requirements.