Administration of Oaths and Declarations - Covid 19 implications
One of the nightmares for all involved in cases is what to do about swearing affidavits while the Covid 19 lockdown continues. There may be a couple of options open to practitioners.
The first option is the result of a request by the New Zeland Law Society that Auckland barrister, Paul Collins, gives his opinion on the administration of oaths and declarations in circumstances of mandatory self-isolation. Mr Collins has suggested a procedure that might be used in the absence of any judicial or legislative authority specifically allowing remote attestation. This procedure includes the provision of a certificate that outlines the procedure that was undertaken by the oath-taker and that would help ensure that the relevant document is likely to be accepted.
We are also aware of at least one instance when a District Court judge sitting in the Family Court accepted an unsworn affidavit for filing. The Judge said that while the affidavit need not be sworn, it should include a statement to the effect that the deponent:
- confirms the truth and accuracy of the affidavit; and
- makes the affidavit in the knowledge that it is to be used in Court proceedings; and
- is aware that it is an offence to make an affidavit that they know to be false or intended to mislead.
The judge relied on s 24 Epidemic Preparedness Act 2006 to modify r 158 Family Court Rules. Practitioners should check with the judge involved in their case.
