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Part 1Oaths, affirmations, and declarations in general
Oaths, affirmations, and declarations made outside New Zealand

12Oaths and declarations of servicemen outside New Zealand

  1. In this section, unless the context otherwise requires,—

    affidavit includes an affirmation and a statutory or other declaration

      allied force includes any force which is co-operating with any New Zealand armed force; and also includes any United Nations force

        member, in relation to any naval, military, or air force, includes any person who by the law of the country to which the force belongs is subject to the naval, military, or air force law thereof

          oath includes an affirmation and a declaration; and also includes, as well as evidentiary oaths, any promissory oath, including, in particular, any oath of allegiance (whether required for the purposes of the Citizenship Act 1977 or of any other enactment or for any other purpose)

            swear includes affirm and declare.

            1. 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.

            2. 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.

            3. 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.

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            Notes
            • Section 12(1) oath: amended, on , pursuant to section 30(1) of the Citizenship Act 1977 (1977 No 61).