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Third Party Affidavit Template for New Zealand

A Third Party Affidavit is a formal written statement made under oath by someone who is not a direct party to a legal proceeding but has relevant information or evidence to provide. In New Zealand, these documents must comply with the Oaths and Declarations Act 1957 and other relevant legislation. The affidavit must be sworn or affirmed before an authorized person such as a Justice of the Peace or lawyer, and can be used in various legal contexts including court proceedings, administrative matters, or regulatory compliance. The document serves as testimony that can be relied upon as evidence and carries serious legal consequences if found to contain false statements.

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What is a Third Party Affidavit?

A Third Party Affidavit is essential in New Zealand's legal system when independent evidence or testimony is required from someone who is not directly involved in a legal matter but has relevant information to contribute. This document type is commonly used in court proceedings, administrative hearings, regulatory investigations, and various other legal contexts where third-party verification or testimony is needed. The affidavit must conform to New Zealand legal requirements, including those set out in the Oaths and Declarations Act 1957 and the Evidence Act 2006. It typically contains factual statements based on the deponent's personal knowledge or professional expertise, must be sworn or affirmed before an authorized person, and may include referenced exhibits or attachments. These documents play a crucial role in providing independent evidence and can significantly impact the outcome of legal proceedings or administrative decisions.

What sections should be included in a Third Party Affidavit?

1. Title and Court Reference: Identifies the court, proceeding number (if applicable), and parties involved in the matter

2. Deponent Details: Full name, occupation, and residential/business address of the person making the affidavit

3. Basis of Knowledge: Explanation of how the deponent is in a position to make statements about the matter, including their relationship to the parties or issues

4. Statement of Truth: Declaration that the statements are true and correct to the best of the deponent's knowledge and belief

5. Core Facts and Evidence: Numbered paragraphs containing the main evidence or statements being testified to

6. Execution Block: Space for signature, date, and details of where and before whom the affidavit was sworn

7. Jurat: Formal closing statement including date, location, and authorized person before whom the affidavit was sworn

What sections are optional to include in a Third Party Affidavit?

1. Preliminary Matters: Used when background context is needed to understand the affidavit's purpose

2. Exhibit Reference List: Required when multiple exhibits are attached, providing a clear index of all attachments

3. Professional Qualifications: Included when the deponent is providing expert testimony or professional opinions

4. Translation Certificate: Required when the affidavit includes documents in languages other than English

5. Interpreter Declaration: Needed when the deponent requires an interpreter to make the affidavit

What schedules should be included in a Third Party Affidavit?

1. Exhibit Certificates: Formal certificates identifying and authenticating each document attached to the affidavit

2. Supporting Documents: Copies of relevant documents referenced in the affidavit, marked as exhibits

3. Photographs: Images referenced in the affidavit, properly labeled and authenticated

4. Expert Reports: Technical or professional reports referenced in the affidavit

5. Correspondence: Copies of relevant letters, emails, or other communication referenced in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Document Type

Affidavit

Cost

Free to use

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