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Affidavits and Declarations Regulations 1986

TOKELAU

AFFIDAVITS AND DECLARATIONS REGULATIONS 1986

1 Title and commencement

(1) These regulations may be cited as the Tokelau Affidavits and Declarations Regulations 1986.

(2) These regulations shall come into force on the 1st day of December 1986.

2 Form of affidavits and declarations made in Tokelau

(1) Subject to any Act or regulation in force in Tokelau, affidavits and declarations authorised or required to be made by or under any law in force in Tokelau (whether that law was in force before or after the commencement of these Regulations), and which are made in Tokelau, shall comply with this regulation.

(2) Every affidavit shall be in Form 1 in the Schedule to these regulations.

(3) Every declaration shall be in Form 2 in the Schedule to these regulations.

3. Authority to take affidavits and declarations in Tokelau
   

Any affidavit may be sworn in Tokelau, and any declaration may be made in Tokelau, before a Commissioner, a Faipule, a Pulenuku, a Failautuhi, the Official Secretary, any person holding the office of Director or Administration Officer in the Tokelau Public Service, the principal of any school in Tokelau, a Judge or Registrar of the High Court of New Zealand, a Solicitor of the High Court of New Zealand, or any person who is entitled to practise law in any other country.

4 Affidavits and declarations made outside Tokelau

(1) Subject to any Act or regulation in force in Tokelau, any affidavit sworn outside Tokelau shall be sworn before—

(i) the Official Secretary; or

(ii) any person holding the office of Director in the Tokelau Public Service; or

(iii) a Solicitor of the High Court of New Zealand; or

(iv) any other person who is entitled to practise law in the country in which the affidavit is sworn.

(2) Subject to any Act or regulation in force in Tokelau, any declaration made outside Tokelau shall be made before—

(i) the Official Secretary; or

(ii) any person holding the office of Director in the Tokelau Public Service; or

(iii) a Solicitor of the High Court of New Zealand; or

(iv) any other person who is entitled to practise law in the country in which the declaration is made.

5 Right to make affirmation instead of affidavit

(1) Where any person is authorised or required, by or under any law in force in Tokelau (whether that law was in force before or after the commencement of these Regulations), to swear an affidavit, that person shall be entitled as of right to make instead an affirmation, and every such affirmation in writing shall have the same force and effect as an affidavit.

(2) Every affirmation in writing made pursuant to subclause (1) of this regulation shall begin “I, [Full name], of [Place of residence], [Occupation], solemnly and sincerely affirm”; and the following words shall be inserted instead of the jurat:

“Affirmed at [Place] this.......... day of...................... ..........., “before me—”.

6. Identification of persons signing affidavits, affirmations, and declarations
   

(1) The signature on every affidavit, affirmation, or declaration sworn or made under these regulations shall be an original signature, and the name of the signatory shall be legibly typed, printed, or stamped, or legibly written in the style of printed matter, immediately below the signature.

(2) Every person before whom any affidavit, affirmation, or declaration is sworn or made under these regulations shall insert in that affidavit, affirmation, or declaration, immediately below that person's signature, that person's qualification to take that affidavit, affirmation, or declaration.

SCHEDULE

FORM 1 AFFIDAVIT REG 2(2)

I, [Full name], of [Place of residence], [Occupation], swear:

[Here set out, in paragraphs numbered consecutively, the facts asserted]

Signature ...........................................................................................

(Person making affidavit)

FORM 2 DECLARATION REG 2(3)

I, [Full name], of [Place of residence], [Occupation], solemnly and sincerely declare that:

[Here set out, in paragraphs numbered consecutively, the facts asserted]

And I make this solemn declaration conscientiously believing it to be true.

Signature ...........................................................................................

(Signature of Person taking the declaration) Commissioner (or other person authorised to take declaration in Tokelau)

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