Answer to Question #15

A client wants to make a joint affidavit with their spouse, but their spouse is on long term secondment to another city in NZ. The client asks if they can sign separately and have their spouse sign the affidavit in front of a Justice of the Peace in that city.

How should the JP respond?

a) Refuse, as all deponents to a joint affidavit must sign together in front of the same Justice of the Peace.

b) Confirm that this plan is acceptable, provided the second JP completes a separate jurat for the spouse.

c) Suggest that the spouse makes a separate affidavit instead to avoid complications

Rationale: This question examines the JP’s understanding of procedures for joint affidavits involving parties in different locations. The JP Manual clarifies that the joint deponents “may visit a Justice of the Peace together, or they may visit the same Justice of the Peace at separate times, or deponents may have their affidavit taken by different authorised persons.” 

It further explains the need for separate jurats in such cases. 

Option b) is therefore the correct answer, reflecting the flexibility allowed for joint affidavit administration.