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Affidavit Of Domicile for New Zealand

Affidavit Of Domicile Template for New Zealand

An Affidavit of Domicile is a formal sworn statement used in New Zealand to legally establish a person's permanent place of residence or domicile. This document, governed by New Zealand law including the Domicile Act 1976 and the Oaths and Declarations Act 1957, provides detailed evidence of an individual's intention to maintain permanent residence in New Zealand. It includes personal information, residential history, and supporting evidence of the person's connections to New Zealand, and must be properly witnessed by an authorized person such as a Justice of the Peace or solicitor.

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What is a Affidavit Of Domicile?

An Affidavit of Domicile is a crucial legal document used in New Zealand when formal proof of permanent residence is required. This sworn statement is commonly needed for various legal and financial matters, including estate administration, tax purposes, legal proceedings, or establishing jurisdiction in court cases. The document must comply with New Zealand's legal requirements, particularly the Domicile Act 1976 and the Oaths and Declarations Act 1957. The affidavit includes detailed information about the deponent's residence history, intentions to remain in New Zealand, and supporting evidence such as employment, property ownership, and community ties. It must be sworn or affirmed before an authorized witness, typically a Justice of the Peace or solicitor, to be legally valid.

What sections should be included in a Affidavit Of Domicile?

1. Title and Introduction: Formal title of the document and introduction of the deponent (person making the affidavit)

2. Personal Details: Full legal name, date of birth, current address, and occupation of the deponent

3. Current Residence Statement: Declaration of current residential address and duration of residence

4. Intent to Remain: Statement declaring intention to maintain permanent residence in New Zealand

5. Evidence of Domicile: Details of factors establishing domicile such as employment, property ownership, family ties, and community connections

6. Previous Residences: History of prior residences and when/why changes occurred

7. Immigration Status: Details of citizenship or residence status in New Zealand

8. Verification Statement: Standard declaration of truth and accuracy of the statements made

9. Execution Block: Signature section including date, location, and witness details

What sections are optional to include in a Affidavit Of Domicile?

1. Business Interests: Section detailing business ownership or investments in New Zealand, used when the deponent has significant business ties

2. Family Circumstances: Details about family members' residence status, used when family ties are a significant factor in establishing domicile

3. Tax Residency: Information about tax status and compliance, used when tax residency supports domicile claim

4. Previous Citizenship: Details about previous citizenship or domicile in other countries, used when there's a change in citizenship

5. Property Ownership: Details of property owned in New Zealand, used when property ownership supports domicile claim

What schedules should be included in a Affidavit Of Domicile?

1. Supporting Documents List: Schedule listing all documents attached as evidence of domicile

2. Residence History: Detailed chronological list of addresses and periods of residence

3. Identity Documents: Copies of passport, driver's license, or other official ID documents

4. Property Documents: Copies of property ownership documents, tenancy agreements, or utility bills

5. Immigration Documents: Copies of visa, residence permit, or citizenship certificate

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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