Statutory Declarations for NZ Immigration: How to Make One That Counts

If you have read US immigration advice, you will have seen the word affidavit everywhere: sworn letters, notarised statements, third party affidavits for marriage cases. New Zealand does not work that way. There is no notarised affidavit letter in the NZ visa system. The instrument New Zealand uses for a formal sworn statement is the statutory declaration, made under the Oaths and Declarations Act 1957, and affidavits in the strict sense belong to court and tribunal proceedings. This guide explains the difference, when Immigration New Zealand (INZ) expects a statutory declaration, how to make one properly, and how to write content that actually supports an application.

Statutory declaration or affidavit: the New Zealand position

• Statutory declaration: a written statement you declare to be true in front of an authorised person. It is the standard formal statement for government processes, including immigration. No oath is sworn on a religious text; you make a solemn declaration, and making a false one is a criminal offence punishable by up to 3 years imprisonment.
• Affidavit: a statement sworn or affirmed, used as evidence in court proceedings and some tribunal matters, such as evidence filed in the Immigration and Protection Tribunal or on judicial review. For day to day visa applications, INZ asks for statutory declarations, not affidavits.
• Plain support letter: an unsworn letter from someone who knows the applicant. Our guide to writing a letter of support covers those. A statutory declaration is the step up in formality when the statement needs legal weight.

When INZ expects a statutory declaration

Declarations commonly appear in NZ applications for:

• Explaining a missing document: a birth certificate that cannot be obtained, a name discrepancy across documents, a gap in evidence
• Partnership applications: declarations about the history and nature of the relationship, how the couple met, living arrangements and future intentions, supporting the documentary partnership evidence. See the Partner of a New Zealander Work Visa evidence picture
• Declaring facts no document can prove: that a relationship has ended, that a parent has sole care, that an applicant has no other citizenship
• Statements by third parties where the fact matters and the person cannot be produced in person
• Formal requests, including some section 61 requests and responses to INZ’s potentially prejudicial information letters, where the applicant sets out facts formally

If an immigration officer, or your licensed adviser, asks for a statutory declaration, do not substitute a plain letter. The request for the sworn form is deliberate.

Who can take a statutory declaration

A declaration must be made before an authorised person, which includes a Justice of the Peace (JP), a solicitor, a notary public, a court Registrar, and certain officials authorised under the Oaths and Declarations Act 1957. Justices of the Peace provide the service free and hold regular sessions at libraries, courts and community venues across New Zealand. You sign in front of the authorised person, so take photo identification with you, and never sign the document beforehand: a declaration signed before you arrive is invalid and you will be asked to sign a fresh copy on the spot.

How to write the content

The formal opening and closing

A statutory declaration opens by identifying you and uses the statutory form of words. The standard pattern is:

“I, [full name], of [address], [occupation], solemnly and sincerely declare that:” followed by your statement in numbered paragraphs, and it closes: “And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.” Then the declaration block: “Declared at [place] this [day] of [month], [year], before me,” with the authorised person’s signature and title.

The statement itself

• Write in the first person, in numbered paragraphs, one topic per paragraph
• Stick to facts you personally know: what happened, when, where, who was present. If you know something only because someone told you, say so
• Use exact dates where you can, and honest approximations where you cannot (“on or about 14 March 2025” is better than a confident wrong date)
• Explain documents rather than contradicting them: “My birth certificate records my name as… I have been known as… since… because…”
• Keep it relevant to the question the declaration is answering. Length is not weight: two precise pages beat six rambling ones
• Attach and label any documents you refer to (“Attached and marked A is a copy of…”)

Mistakes that destroy a declaration’s value

• Signing before you arrive: the declaration must be signed in front of the authorised person
• Template text: generic statements copied from another country’s affidavit samples, mentioning courts, notaries or forms that do not exist in New Zealand, are obvious and undermine the whole application
• Swearing to opinions as facts: “he is a good husband” is an opinion. “They have lived together at 14 King Street since June 2024 and I visit them there weekly” is evidence
• Overclaiming: declaring things you cannot know firsthand, or certainty about dates you are guessing, invites verification failure
• Inconsistency with the rest of the file: a declaration is read against everything else. If it contradicts the application forms, expect it to be raised with you, and see our guide to complaining or seeking review if a process error follows

Frequently asked questions

Does a statutory declaration cost anything?

Justices of the Peace do not charge for taking declarations. A solicitor or notary public may charge for their time. The declaration itself has no government fee.

Can I make a statutory declaration outside New Zealand?

In many cases yes, before a notary public or another person authorised in that country to administer oaths, but requirements vary by situation. Check with INZ or your adviser for the specific application, because a declaration taken before the wrong person may not be accepted.

What happens if something in my declaration turns out to be wrong?

Correct it, in writing, as soon as you know. An honest mistake corrected promptly is a credibility issue you can manage. A false statement left standing is far worse: false declarations are an offence, and false information in an immigration application can affect the outcome and future applications.

Should my partner and I each make declarations for a partnership application?

Usually, yes, where declarations are used: each person’s own account, in their own words, covering the same history. They should agree on the facts. They should not be identical documents with the names swapped, which suggests they were not independently written.

Do I need a lawyer or adviser to draft it?

Not legally, but for complex matters, and anything heading to the Tribunal, professional drafting is worth it. Only a licensed immigration adviser or an exempt person such as a lawyer can charge for immigration advice. More guides are in the immigration category.

Sources

• Oaths and Declarations Act 1957, New Zealand Legislation: https://www.legislation.govt.nz
• Immigration New Zealand, evidence and partnership guidance: https://www.immigration.govt.nz

Disclaimer

This article is general information about statutory declarations in New Zealand immigration processes. It is not immigration or legal advice for your individual situation. Confirm the requirements for your application with Immigration New Zealand or a licensed immigration adviser or lawyer.