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Affidavit Of Return for New Zealand

Affidavit Of Return Template for New Zealand

A formal sworn document used in New Zealand's legal system that provides evidence and details of the service, delivery, or return of legal documents. This affidavit must comply with New Zealand's Oaths and Declarations Act 1957 and the High Court Rules 2016, requiring verification by an authorized person such as a Justice of the Peace or solicitor. The document includes specific details about when, where, and how documents were served or returned, along with any relevant circumstances or complications encountered during the process.

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What is a Affidavit Of Return?

An Affidavit of Return serves as a crucial legal instrument within New Zealand's judicial system, providing formal sworn evidence of document service or return. This document type is essential when proof of service or return of legal documents is required by courts or other official bodies. The Affidavit of Return must be prepared in accordance with New Zealand legislation, particularly the Oaths and Declarations Act 1957 and High Court Rules 2016, and requires verification by an authorized person. It typically includes detailed information about the documents involved, the method of service or return, dates, times, locations, and any relevant circumstances. This affidavit is commonly used in various legal proceedings, from civil litigation to property matters, and serves as official evidence that documents have been properly served or returned.

What sections should be included in a Affidavit Of Return?

1. Title and Court Details: Specifies the court, proceeding number if applicable, and identifies the document as an Affidavit of Return

2. Deponent Information: Identifies the person making the affidavit, including full name, occupation, and place of residence

3. Basis of Knowledge: Establishes the deponent's authority or capacity to make the affidavit

4. Document Details: Identifies the specific documents that were served or returned

5. Service/Return Details: Describes the specific actions taken, including dates, times, and locations

6. Method of Service/Return: Details how the documents were served or returned

7. Verification: Formal statement verifying that the contents are true and correct

8. Execution Block: Space for signature, date, and witness details

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

1. Multiple Attempts: Details of previous attempts at service/return when more than one attempt was made

2. Identification Confirmation: Description of how the recipient's identity was verified, if relevant

3. Substitute Service: Details of alternative service methods if direct service was not possible

4. Electronic Service Details: Specific information about electronic service if applicable

5. Relevant Conversations: Record of any significant conversations during the service/return process

6. Special Circumstances: Description of any unusual circumstances or complications encountered

What schedules should be included in a Affidavit Of Return?

1. Copy of Served Documents: Copies of the actual documents that were served or returned

2. Proof of Service: Any receipts, photographs, or other evidence confirming service

3. Tracking Information: Courier tracking details or registered mail receipts if applicable

4. Correspondence: Copies of any relevant correspondence related to the service/return

5. Photographs: Images showing service location or other relevant visual evidence

6. Maps: Maps showing location of service if relevant to the affidavit

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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