Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes affecting the administration of law and justice - Misleading justice

114: Use of purported affidavit or declaration

You could also call this:

“Using fake sworn statements or declarations can get you in big trouble with the law.”

You can get in trouble if you misuse affidavits or statutory declarations. An affidavit is a written statement that someone swears is true, and a statutory declaration is a formal written statement of facts.

You might go to prison for up to 3 years if you do either of these things:

  1. You sign a document that’s supposed to be an affidavit sworn before you or a statutory declaration taken by you, when it wasn’t actually sworn or taken that way. You can also get in trouble if you know you’re not allowed to give that oath or take that declaration.

  2. You use or try to use a document that claims to be an affidavit or statutory declaration, but you know it wasn’t actually sworn or made by the person it says, or wasn’t done in front of someone who’s allowed to handle these documents.

Remember, it’s important to be honest and follow the rules when dealing with legal documents like affidavits and statutory declarations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329002.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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113: Fabricating evidence, or

“Making fake proof to trick a court or judge is against the law and can get you in big trouble.”

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115: Conspiring to bring false accusation, or

“Making a plan to falsely accuse someone of a crime they didn't do is against the law.”

Part 6 Crimes affecting the administration of law and justice
Misleading justice

114Use of purported affidavit or declaration

  1. Every one is liable to imprisonment for a term not exceeding 3 years who—

  2. signs a writing that purports to be an affidavit sworn before him or her or a statutory declaration taken by him or her, when the writing was not so sworn or taken, or when he or she knows that he or she has no authority to administer that oath or take that declaration; or
    1. uses or offers for use any writing purporting to be an affidavit or statutory declaration that he or she knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.

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