The Oaths and Declarations Act has been temporarily changed to make it easier for people to sign documents while remaining physically separated from each other under COVID-19 restrictions.

The New Zealand Government issued an Immediate Modification Order (IMO) on 17 April to amend the Oaths and Declarations Act 1957 (Act) to allow oaths, affirmations and declarations to be taken via phone or video link. Law firm MinterEllison says the IMO is to be welcomed.

Writing on its website the company says: “Physical distancing requirements have made it impossible to administer an oath, affirmation or declaration in the usual way.

“The IMO removes the difficulties entities have faced while taking statutory declarations during the lockdown period. While many entities have already been using audio-visual links to take declarations, this IMO confirms that this method complies with legal requirements.”

The IMO will affect anyone making or administering an oath, affirmation or declaration…

The company says the IMO will affect anyone making or administering an oath, affirmation or declaration.

“It is particularly relevant to fund managers or other financial institution who require investors to make a statutory declaration, for example because legislation authorises or requires a declaration to be provided to the entity; e.g. in relation to KiwiSaver hardship withdrawals.”

Changes to the act include:

• There is no requirement for a person taking an oath to be in the physical presence of those making them. Instead, oaths, affirmations and declarations can be administered using audio-visual and audio links such as Skype, Zoom or over the phone
• There is no requirement for a person taking an oath, affirmation or declaration to sign the same document as the person making them
• Entities that receive statutory declarations may authorise employees to take statutory declarations – if an enactment authorises or requires the declaration to be provided to the entity. Employees should be trained in the process and must not take declarations where they may have a conflict of interest with the person making it

MinterEllison says other requirements (such as ensuring the person who is making the oath is the person signing the document) will remain the same.

“Additional requirements apply where an oath, affirmation or declaration is made using an audio-visual or audio link,” says the firm.

“An oath, affirmation or declaration should note on the document that it was taken using an audio-visual or audio link. The person taking the oath, affirmation or declaration must check that:

• The quality of the audio-visual link allows them to see and witness the person making the oath, affirmation or declaration and the document
• Both parties are reading the same document and appendices
• They can watch each page being signed or initialled; and
• If the person is unknown to the person taking the oath, affirmation or declaration, to check reliable identity information

“Further steps are required for taking an oath, affirmation or declaration using an audio link.”

-    riskinfoNZ