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Evidence Act 2006

Evidence from overseas or to be used overseas - Evidence for use in overseas criminal proceedings

198: False affidavit or declaration

You could also call this:

"Lying in a formal statement can lead to serious trouble and punishment."

Illustration for Evidence Act 2006

If you make a false affidavit or declaration under section 197, you are treated as if you did it in a court case. This means you can be guilty of perjury or making a false declaration under the Crimes Act 1961. You will be punished accordingly.

If someone is prosecuted for making a false affidavit or declaration under section 197, the court will assume that a case was happening in the overseas court. The court will also assume that a certificate was given as required by section 194(3).

The court's assumptions will be final, and they cannot be questioned in the prosecution.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM394526.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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197: Solicitor may take affidavit or declaration, or

"A solicitor can help someone make a formal statement for a court case in another country."

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199: Rules, or

"Rules for using evidence from other countries in New Zealand courts"

Part 4Evidence from overseas or to be used overseas
Evidence for use in overseas criminal proceedings

198False affidavit or declaration

  1. Every affidavit or declaration taken under section 197 is deemed to have been made in a judicial proceeding within the meaning of the Crimes Act 1961, and any person who falsely makes an affidavit or declaration of that kind is guilty of perjury or of making a false declaration accordingly.

  2. In any prosecution in respect of an affidavit or declaration taken under section 197 it must be conclusively presumed that criminal proceedings were actually pending in the overseas court and that a certificate was given in accordance with section 194(3).

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