Oaths and Declarations Act 1957

1: Short Title and commencement
1: This Act may be cited as the Oaths and Declarations Act 1957.
2: This Act shall come into force on 1 April 1958.
2: Interpretation
In this Act, unless the context otherwise requires,— Commonwealth Commonwealth representative Pro-consul, oath person acting judicially proceeding 1908 No 56 s 2 1910 No 17 s 2 1925 No 19 s 3 Section 2 Commonwealth representative amended 23 October 1963 Oaths and Declarations Amendment Act 1963
1: Oaths, affirmations, and declarations in general
Oaths and affirmations
3: Form in which oath may be administered
An oath may be administered and taken in any of the manners following:
a: the person taking the oath may, while holding in his hand a copy of the Bible, New Testament, or Old Testament, repeat the words of the oath as prescribed or allowed by law; or
b: the person administering the oath may repeat the appropriate form of adjuration commencing with the words You swear by Almighty God that, I do
c: the oath may be administered and taken in any manner which the person taking it may declare to be binding on him. 1910 No 17 s 3
4: Right to make affirmation instead of oath
1: Every person shall be entitled as of right to make his affirmation, instead of taking an oath, in all places and for all purposes where an oath is required by law, and every such affirmation shall be of the same force and effect as an oath.
2: Every such affirmation shall be as follows: I, AB, solemnly, sincerely, and truly declare and affirm,
3: Every affirmation in writing shall begin, I, AB, of [ specify Affirmed at [ place date 1908 No 56 s 50 1908 No 151 s 11
4A: Oaths and affirmations in Māori
1: If a te reo Māori equivalent of any of the oaths or affirmations set out in this Act is prescribed by regulations made under section 30A
2: This section applies despite anything in section 4 sections 16 to 21 Section 4A inserted 19 December 2002 section 3 Oaths and Declarations Amendment Act 2002
5: Oath not affected by absence of religious belief
Where an oath has been duly administered and taken, the fact that the person to whom the same was administered had at the time of taking the oath no religious belief shall not for any purpose affect the validity of the oath. 1908 No 56 s 52
6: Unlawful administration of oaths
1: No person shall administer, or cause or allow to be administered, or cause or allow to be received, any oath, affidavit, or affirmation relating to any matter or thing in respect of which that person has not jurisdiction or cognisance by some law in force for the time being.
2: Every person who wilfully acts in contravention of subsection (1) commits an offence, and is liable on $100
3: Nothing in this section shall extend to any oath, affidavit, or affirmation before any Justice of the Peace or Community Magistrate 1927 No 37 s 299 Section 6(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(3) amended 30 June 1998 section 2 Oaths and Declarations Amendment Act 1998 Declarations
7: Persons may make declarations
Any person may voluntarily make any declaration in the manner provided in section 9 section 11 1927 No 37 ss 300, 301
8: Manner of making declarations
Where by any law in force in New Zealand (whether made before or after the commencement of this Act) any person is authorised or required to make a declaration or a statutory declaration, that declaration shall be made and subscribed in the manner prescribed by section 9 section 11 1927 No 37 s 300
9: Declarations made in New Zealand
1: A declaration made in New Zealand must be in the form in Schedule 1
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
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 Oaths and Declarations Amendment Act 2001
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 Gazette
ia: an employee of Public Trust constituted under the Public Trust Act 2001 Gazette
j: an officer in the service of the Crown, or of a local authority within the meaning of the Local Government Act 2002 Gazette
2: Despite subsection (1), if a te reo Māori equivalent of the declaration prescribed in Schedule 1 section 30A Schedule 1 Section 9 replaced 27 September 2001 section 3 Oaths and Declarations Amendment Act 2001 Section 9(1)﻿(ca) inserted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 9(1)﻿(e) amended 1 March 2017 section 261 District Court Act 2016 Section 9(1)﻿(ea) inserted 30 November 2022 section 86 Statutes Amendment Act 2022 Section 9(1)﻿(i) replaced 19 December 2002 section 4(1) Oaths and Declarations Amendment Act 2002 Section 9(1)﻿(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9(1)﻿(ia) inserted 19 December 2002 section 4(1) Oaths and Declarations Amendment Act 2002 Section 9(1)﻿(j) replaced 1 July 2003 section 262 Local Government Act 2002 Section 9(2) inserted 19 December 2002 section 4(2) Oaths and Declarations Amendment Act 2002 Oaths, affirmations, and declarations made outside New Zealand
10: Commonwealth representatives may administer oaths
1: In this section, unless the context otherwise requires,— affidavit oath swear
2: Every Commonwealth representative exercising his functions in any place outside New Zealand may, in that place, administer any oath and take any affidavit, and also do any notarial act which any notary public can do within New Zealand; and every oath, affidavit, and notarial act administered, sworn, or done by or before any such representative shall be as effectual as if duly administered, sworn, or done by or before any lawful authority in New Zealand.
3: Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal or signature of any person authorised by this section to administer an oath in testimony of any oath, affidavit, or act being administered, taken, or done by or before him shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. 1939 No 39 s 21
11: Declarations made outside New Zealand
1: A declaration made in a Commonwealth country other than New Zealand shall be made before a Judge, a Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of a judicial proceeding, or before a Commonwealth representative, or before a solicitor of the High Court
2: A declaration made in a country other than a Commonwealth country shall be made before a Commonwealth representative, or before a Judge, or before a notary public, or before a solicitor of the High Court
3: Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal or signature of any person authorised by this section to take a declaration shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person or of the official or other character of that person. Statutory Declarations Act 1835 s 15 (UK) Section 11(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 11(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
12: Oaths and declarations of servicemen outside New Zealand
1: In this section, unless the context otherwise requires,— affidavit allied force member oath the Citizenship Act 1977 swear
2: Any officer of any of the armed forces of any Commonwealth country or of any allied force who holds a rank not below that of Lieutenant-Commander, Major, or Squadron Leader, or an equivalent rank, or who holds an appointment as a Legal Staff Officer may, while serving outside New Zealand, administer oaths to, and take affidavits from, any member of any of the said forces, and every oath or affidavit administered by or sworn before any such officer as aforesaid shall be as effectual as if duly administered by or sworn before any lawful authority in New Zealand: provided that an officer of an allied force shall not be entitled under this subsection to administer any promissory oath.
3: An officer who administers an oath or takes an affidavit by virtue of the powers conferred by this section shall state, in the jurat or attestation to the document in respect of which the power is being exercised or after his signature, the date on which the oath or affidavit is administered or sworn, and the name and rank of the officer, and (if his rank is below that of Lieutenant-Commander, Major, or Squadron Leader, or an equivalent rank) the fact that he is a Legal Staff Officer; and it shall not be necessary to state the place where the oath or affidavit is administered or sworn.
4: Any document purporting to have subscribed thereto the signature of any officer in testimony of any oath or affidavit being administered by or sworn before him (whether before or after the commencement of this Act) shall be admitted in evidence without proof of the rank or appointment of the officer and without proof that the signature is the signature of the officer or that the officer was, on the date on which the oath or affidavit was administered or sworn, serving outside New Zealand. 1945 No 16 ss 7 8 Section 12(1) oath amended 1 January 1978 section 30(1) Citizenship Act 1977
2: Oaths and affirmations in judicial proceedings
13: Witnesses under 12 may make declarations
1: A witness under the age of 12 years who is required, under section 77(2) “I promise to speak the truth, the whole truth, and nothing but the truth”.
1A: That promise has the same force and effect as if the witness had taken an oath.
2: Despite subsection (1), if a te reo Māori equivalent of the declaration set out in subsection (1) is prescribed by regulations made under section 30A 1908 No 56 s 53 Section 13(1) replaced 1 August 2007 section 216 Evidence Act 2006 Section 13(1A) inserted 1 August 2007 section 216 Evidence Act 2006 Section 13(2) inserted 19 December 2002 section 5 Oaths and Declarations Amendment Act 2002
14: Who may administer oaths
All courts and all persons acting judicially are hereby empowered to administer an oath to all such witnesses as are lawfully called or voluntarily come before them respectively or to take the affirmation of any such witness instead of an oath. 1908 No 56 s 51
15: Mode of administration if not objected to
In all judicial proceedings the person administering the oath shall, unless the person about to take the oath voluntarily objects thereto, administer the oath in the form and manner set out in paragraph (b) of section 3 1910 No 17 s 4
16: Witness may be sworn in Scots form
Every witness in any civil or criminal proceeding, or in any inquiry or examination before any court or person acting judicially, shall be entitled, if he so wishes, instead of taking the oath usually administered to witnesses, to have an oath administered to him in the form following, that is to say: the person administering the oath shall hold up his hand, and say to the witness, “Witness, hold up your hand, and repeat after me,— “I swear by Almighty God, as I shall answer to God at the great day of judgment, that I will speak the truth, the whole truth, and nothing but the truth.” 1908 No 56 s 49
3: Promissory oaths and affirmations
17: Oath of allegiance
The oath in this Act referred to as the oath of allegiance shall be in the form following, that is to say: I, [ specify or specify the name of the reigning Sovereign, as thus or 1908 No 151 s 2
18: Judicial oath
The oath in this Act referred to as the judicial oath shall be in the form following, that is to say: I, [ specify or specify as above or specify 1908 No 151 s 4
19: Executive Councillor's oath
1: The oath in this Act referred to as the Executive Councillor's oath shall be in the form following, that is to say: I, [ specify
2: 1908 No 151 s 7 Section 19(2) repealed 1 November 1983 Acts Interpretation Amendment Act 1983
20: Parliamentary Under-Secretary's oath
The oath in this Act referred to as the Parliamentary Under-Secretary's oath shall be in the form following, that is to say: I, [ specify or specify as above or 1950 No 99 s 15(1)
21: Official oath
The oath in this Act referred to as the official oath shall be in the form following, that is to say: I, [ specify or specify as above or specify 1908 No 151 s 3 Persons to make and administer oaths
22: By whom oath of allegiance and judicial oath to be taken
1: The oath of allegiance and the judicial oath shall be taken by each of the officers named in Schedule 2
2: The oaths to be taken under this section shall be administered by the following persons in such manner as the person administering the oath sees fit to adopt:
a: in the case of the Chief Justice, a Judge of the High Court, or an Associate Judge of the High Court, by a Judge of the High Court:
aaa: in the case of a Judge of the Court Martial, by the Judge Advocate General or a Judge of the High Court:
aa: in the case of a Judge of the Employment Court, by a Judge of the High Court or a Judge of the Employment Court:
b: in the case of a Judge the High Court
c: in the case of any other officer referred to in Schedule 2 the High Court District Court Judge 1908 No 151 s 7 1927 No 37 s 7 1947 No 16 s 5(6) 1948 No 50 s 8 1951 No 73 s 3 1953 No 94 s 20(1), (3) 1954 No 72 s 18(6) 1956 No 62 s 41(6) Section 22(2)﻿(a) replaced 17 December 2016 section 72 Statutes Amendment Act 2016 Section 22(2)﻿(aaa) inserted 1 July 2009 section 87 Court Martial Act 2007 Section 22(2)﻿(aa) inserted 2 October 2000 section 240 Employment Relations Act 2000 Section 22(2)﻿(b) amended 4 December 1982 section 5(6)﻿(a) Maori Purposes Act 1982 Section 22(2)﻿(b) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 22(2)﻿(c) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 22(2)﻿(c) amended 1 April 1980 section 12 Judicature Amendment Act 1979
23: By whom oath of allegiance and Executive Councillor's oath to be taken
1: The oath of allegiance and the Executive Councillor's oath shall be taken by every person appointed to the Executive Council of New Zealand as soon as may be after his acceptance of office.
2: The oaths to be taken under this section shall be administered by the Clerk of the Executive Council, or officer for the time being acting as Clerk of the Executive Council, in the presence of the Governor-General, or otherwise as the Governor-General directs, at a meeting of the Executive Council. 1908 No 151 s 6
24: By whom Parliamentary Under-Secretary's oath to be taken
1: The Parliamentary Under-Secretary's oath shall be taken by every person appointed to the office of Parliamentary Under-Secretary as soon as may be after his acceptance of office.
2: The Parliamentary Under-Secretary's oath shall be administered by a member of the Executive Council or the Clerk of the Executive Council. 1950 No 99 s 15
25: By whom official oath to be taken
Section 25 repealed 1 July 2001 section 53 Public Audit Act 2001 General provisions
26: Effect of neglecting to take oath
1: If any officer mentioned in this Act or in Schedule 2 Schedule 3
2: Where any person who is a Justice of the Peace by virtue of his holding any office and has taken the oath of allegiance and the judicial oath is re-elected to that office at the next succeeding election, it shall not be necessary for him to take those oaths on any such re-election. 1908 No 151 s 9 1927 No 37 s 7
27: Oath of allegiance not to be taken except under this Act and other specified Acts
No person shall be required or authorised to take the oath of allegiance, or any oath substituted for that oath, or to make any affirmation or declaration to the same effect as that oath, other than the persons required to take that oath by this Act or the Acts mentioned in Schedule 4 1908 No 151 s 10
28: Declarations instead of oaths in certain cases
1: Where in any case not provided for by this Act or included within the savings provisions in section 29
2: The making of any such declaration shall in all respects have the same effect as the taking of the oath for which the same is substituted would have had if this Act had not been passed.
3: If any person required by this Act to make a declaration instead of an oath declines or neglects to make that declaration, he shall be subject to the same penalties and disabilities (if any) as he would have been subject to for declining or neglecting to take the oath for which the declaration provided by this Act is substituted. 1908 No 151 s 12
29: Saving as to certain oaths
Nothing in this Part shall affect—
a: any oath required or authorised to be taken by the Governor-General by any letters patent or by any other authority:
b: any oath required to be taken under any of the enactments specified in Schedule 4
c: any oath required or authorised by any law in force in New Zealand for the purpose of attesting any fact or verifying any account or document:
d: any oath required to be taken by any juror, witness, or other person in pursuance of any law, rule, usage, or custom as preliminary to or in the course of any civil, criminal, naval, military, air force, or other trial, inquest, or proceedings of a judicial nature, including any arbitration or as preliminary to or in the course of any proceedings before a Committee of the House of Representatives, or before any Commission of Inquiry or Commissioner or other special tribunal appointed by the Governor-General or the Governor-General in Council. 1908 No 151 s 13
30: Saving as to persons already holding offices
No person appointed to or holding any office or place or admitted to any rights or privileges before the commencement of this Act, who has taken the oath (if any) which under the law previously in force he was required to take, shall be required by virtue of this Act to take any oath or make any declaration in respect of that appointment, office, place, or admission. 1908 No 151 s 14
30A: Regulations
1: The Governor-General may, by Order in Council, make regulations prescribing te reo Māori equivalents for any or all of the following:
a: the affirmation set out in section 4(2)
b: the affirmation set out in section 4(3)
c: the declaration set out in section 13(1)
d: the oath set out in section 16
e: the oath set out in section 17
f: the oath set out in section 18
g: the oath set out in section 19
h: the oath set out in section 20
i: the oath set out in section 21
j: the declaration prescribed in Schedule 1
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 30A inserted 19 December 2002 section 6 Oaths and Declarations Amendment Act 2002 Section 30A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Repeals
31: Certain United Kingdom Acts to cease to have effect as part of the law of New Zealand
1: As from the commencement of this Act the Acts of the Parliament of England or of the United Kingdom specified in Schedule 5
2: It is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924 Schedule 5 the Parliament of New Zealand
3: Nothing in this Act shall be deemed to affect the validity of any declaration duly made out of New Zealand before the commencement of this Act in the manner prescribed by the Act of the Parliament of the United Kingdom intituled the Statutory Declarations Act 1835, and every such declaration which, if this Act had not been passed, would be received in evidence in any judicial proceedings shall be received in evidence in those proceedings as if this Act had not been passed. Section 31(2) amended 1 January 1987 section 29(2) Constitution Act 1986
32: Repeals and savings
1: The enactments specified in Schedule 6
2: Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.