Oaths and Declarations Act 1957

Promissory oaths and affirmations - General provisions

28: Declarations instead of oaths in certain cases

You could also call this:

"When you can say a promise instead of swearing an oath"

Illustration for Oaths and Declarations Act 1957

You can make a declaration instead of taking an oath in certain situations. This happens when you are getting a job or joining a group and the law says you need to take an oath. The person in charge decides what the declaration says, but it must mean the same as the oath. You get the same rights and privileges when you make a declaration as you would if you took the oath. The declaration has the same effect as the oath would have had before this law was made. If you refuse to make the declaration, you might face penalties or disabilities, just like you would if you refused to take the oath. If you are supposed to make a declaration but you do not, you can get in trouble. You might get penalties or disabilities for not making the declaration, just like you would for not taking the oath. The declaration is used instead of the oath, and it has the same importance as the oath would have had.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316156.

This page was last updated on 24 December 2025 — View changes

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27: Oath of allegiance not to be taken except under this Act and other specified Acts, or

29: Saving as to certain oaths, or

"Some oaths stay the same despite this new law"

Part 3Promissory oaths and affirmations
General provisions

28Declarations instead of oaths in certain cases

Where in any case not provided for by this Act or included within the savings provisions in section 29 any person would by virtue of any law now in force be required to take any oath on or as a condition of his accepting any employment or office, or being admitted to any rights or privileges, a declaration shall be substituted for that oath in such form as the person who would have administered the oath thinks fit, but so that the declaration shall be to the like effect in all respects as the oath for which it is substituted.
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.
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.

Compare

1908 No 151 s 12