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Affidavit Of Discrepancy for New Zealand

Affidavit Of Discrepancy Template for New Zealand

An Affidavit of Discrepancy is a formal sworn document used in New Zealand's legal system to correct errors, inconsistencies, or discrepancies in official documents or records. It serves as a legally binding statement where the deponent declares under oath the nature of the discrepancy and provides the correct information. The document must comply with New Zealand's Oaths and Declarations Act 1957 and be witnessed by an authorized person such as a Justice of the Peace, solicitor, or notary public. It typically includes supporting evidence as exhibits and can be used for various purposes, from correcting simple clerical errors to resolving more complex documentation issues.

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Affidavit Of Discrepancy

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What is a Affidavit Of Discrepancy?

The Affidavit of Discrepancy is a critical legal instrument within New Zealand's legal framework, designed to address and rectify errors or inconsistencies in official documentation. This document type is commonly required when there are variations in how a person's name is spelled, discrepancies in dates, or other incorrect information in official records. The affidavit must be sworn or affirmed before an authorized person and requires the deponent to state the true facts under oath. It serves as a formal mechanism for correction across various contexts, from personal identification documents to property records. The document's format and execution must comply with New Zealand legal requirements, particularly the Oaths and Declarations Act 1957 and relevant High Court Rules. Supporting documentation is typically attached as exhibits to substantiate the claims made in the affidavit.

What sections should be included in a Affidavit Of Discrepancy?

1. Title and Jurisdiction: Specifies the document as an Affidavit of Discrepancy and indicates the relevant jurisdiction (New Zealand)

2. Deponent Information: Full legal name, occupation, and address of the person making the affidavit

3. Oath/Affirmation Statement: Formal statement confirming that the deponent is swearing/affirming the truth of the contents

4. Document Identification: Details of the document(s) containing the discrepancy (type, date, reference numbers, issuing authority)

5. Nature of Discrepancy: Clear explanation of what the discrepancy is (e.g., spelling error, date error, wrong information)

6. Correct Information: Statement of what the correct information should be, with supporting explanation

7. Verification: Statement verifying that the deponent has personal knowledge of the correct information

8. Jurat: Formal closing section stating when and where the affidavit was sworn/affirmed, and before whom

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

1. Supporting Facts: Additional background information explaining how the discrepancy occurred, used when the history is relevant to establishing the truth

2. Third Party Confirmations: References to supporting statements from other parties, used when additional verification is available

3. Purpose Statement: Explanation of why the correction is needed, used when the purpose may affect how the affidavit is processed

4. Previous Correction Attempts: Details of any previous attempts to correct the discrepancy, used when there is relevant history

5. Identity Verification: Additional identity verification details, used when the discrepancy relates to personal identification documents

What schedules should be included in a Affidavit Of Discrepancy?

1. Exhibit A - Original Document: Copy of the original document containing the discrepancy

2. Exhibit B - Supporting Evidence: Copies of documents that prove the correct information (birth certificates, passports, etc.)

3. Exhibit C - Additional Documentation: Any other relevant documents supporting the claims made in the affidavit

4. Exhibit D - Identity Documents: Copies of the deponent's identification documents when required

Authors

Alex Denne

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

Jurisdiction

New Zealand

Document Type

Affidavit

Cost

Free to use
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