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A Witness Statement is a written record of someone's direct evidence about an event or situation, often used in NZ courts and tribunals. It captures what a person saw, heard, or experienced firsthand, putting their testimony on paper under oath or affirmation.

These statements play a crucial role in both civil and criminal proceedings throughout Aotearoa, helping judges and decision-makers understand key facts. While lawyers typically help prepare them, the content must reflect the witness's own words and truthful account. The statement becomes formal evidence once the witness signs it and confirms its accuracy with a declaration.

Use a Witness Statement when you need to preserve someone's first-hand account of an important event or situation for legal proceedings in NZ. Common scenarios include documenting workplace accidents, recording details after vehicle collisions, or capturing observations of criminal activity while memories are still fresh.

These statements become especially valuable during employment disputes, insurance claims, and court cases where exact details matter. Getting statements early helps protect evidence that might otherwise be lost or forgotten over time. Many businesses and organizations collect them immediately after incidents to support potential future legal actions or defend against claims.

• Witness Affidavit: Most formal type, sworn before an authorized person and legally binding in court proceedings
• Declaration Of Witness: Standard written statement declaring facts under penalty of perjury
• Letter Of Witness Statement: Less formal format, often used for initial documentation or informal proceedings
• Character Witness Letter For Court: Specifically focused on attesting to someone's character or reputation
• Character Witness Letter For A Friend: Personal reference format, commonly used in less formal proceedings

• Eyewitnesses: People who directly observed events and provide their first-hand account under oath
• Legal Professionals: Lawyers and legal staff who help prepare and format statements for court proceedings
• Court Officials: Judges, tribunal members, and registrars who review and consider witness evidence
• Police Officers: Gather witness statements during investigations and may provide their own statements
• HR Managers: Document workplace incidents through witness accounts from staff members
• Insurance Assessors: Collect statements from witnesses during claim investigations
• Justice of the Peace: Authorized to witness and certify formal statements

• Basic Details: Gather witness's full name, contact information, and their connection to the incident
• Event Information: Record exact date, time, location, and sequence of events while memories are fresh
• Supporting Facts: Note any physical evidence, documents, or photos that back up the statement
• Clear Language: Write in simple, direct terms using the witness's own words
• Accuracy Check: Review the statement with the witness to confirm all details are correct
• Format Properly: Use our platform's templates to ensure the statement meets NZ legal requirements
• Certification: Have the witness sign and date in front of an authorized person

• Witness Details: Full legal name, occupation, and contact information at the top
• Statement Introduction: Clear declaration that the content is true and accurate
• Factual Content: Chronological account with specific dates, times, and locations
• Personal Knowledge: Clear distinction between direct observations and second-hand information
• Declaration Statement: Formal acknowledgment of making the statement under NZ law
• Signature Block: Witness signature, date, and place of signing
• Certification Details: Name and signature of authorized person witnessing the statement
• Exhibits Reference: Clear labeling of any attached documents or evidence

A Witness Statement and an Affidavit serve different legal purposes, though both document personal testimony. Understanding these differences helps you choose the right format for your situation.

• Legal Weight: Affidavits are sworn documents that carry more formal legal weight, requiring oath or affirmation before an authorized person. Witness statements can be less formal and don't always need official verification
• Timing and Use: Witness statements are often collected immediately after events, while affidavits are typically prepared later for specific legal proceedings
• Content Structure: Affidavits follow strict formatting rules and numbered paragraphs, while witness statements can be more flexible in structure
• Verification Requirements: Affidavits must be witnessed by a JP or solicitor, while witness statements may only need a signature and date
• Purpose: Witness statements primarily record observations, while affidavits can cover broader legal declarations and commitments