Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
The modifications expressly allow an oath, an affirmation, or a declaration to be administered or taken using an audiovisual or audio link instead of in the presence of the person swearing the oath or making the affirmation or declaration.
The modifications also enable a declaration to be taken by any officer or employee of an entity who is authorised by the entity, but only if an enactment authorises or requires the declaration to be provided to the entity.
The Minister of Justice is satisfied of the matters required by section 15(2)(b) of the Epidemic Preparedness Act 2006 for the reasons that follow.
Effects are, or are likely to be, such that the requirement is impossible or impracticable to comply (or comply fully) with
It is important that people are able to make oaths, affirmations, and declarations while the Epidemic Preparedness (COVID-19) Notice 2020 is in force. While the lock-down period is in force, it would be “impossible” or “impracticable” for most people to arrange for their oath, affirmation, or declaration to be administered or witnessed in person due to the isolation requirements. This applies to not only those made in New Zealand but also to those made overseas and needing to be recognised in New Zealand. Moreover, even if a lower alert level applies, it is likely to be important for vulnerable people to remain isolated.
Modifications go no further than reasonably necessary
The modifications are limited to modifying requirements of Part 1 of the Act for administering or taking oaths, affirmations, or declarations and are temporary (they end when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked). In particular, the modifications enable—
an oath, a affirmation, or a declaration to be administered or taken using an audiovisual or audio link instead of in the presence of the person swearing the oath or making the affirmation or declaration; and
a declaration to be taken by any officer or employee of an entity who is authorised by the entity, but only if an enactment authorises or requires the declaration to be provided to the entity.
Some people wishing to make oaths, affirmations, or declarations will not have access to digital devices or smart phones. For that reason, it is no more than reasonably necessary to enable them to be administered or taken by phone or other audio link as well as audiovisual link.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 16 April 2020.
This order is administered by the Ministry of Justice.