Affidavits and statutory declarations may now almost certainly be sworn or affirmed from a distance, by video – at least while this lockdown lasts. The NZ Law Society (NZLS) has just provided an opinion that sets out how this should be done.

This is relevant to JP’s as well as lawyers. Also potentially to court registrars.

Details are here – on the NZLS webpage.   If your own lawyer doesn’t know about it, you can draw their attention to it. I hope that JPs will also take note.

Key points:

• use video link
• the witness needs to take a closer look at the document than usual – because they need to know that what they certify is indeed the same document (normally the witness doesn’t have to read the affidavit or even look at the pages except for the name at the beginning and the signature part at the end)
• the witness needs to know the identity of the person who is swearing the affidavit – they must check photo ID by video if they don’t already know them
• the witness needs to sign an additional certification wording (available from the NZLS website)

It will take a little effort for lawyers and JPs to come to grips with this.  However, we can do it!

If you don’t have good internet AND need an URGENT affidavit sworn, AND are in or near Oxford, I will still help in person (with great care for physical distancing and sanitising everything). If this arises, tell your lawyer and ask them to email the affidavit to me and I can print it for you to review and swear.  This is only available for urgent i.e. without-notice affidavits.