Answer to Question #24

A person arrives at a Service Desk with an Australian statutory declaration form, requesting the JP’s assistance. What is the crucial first step the JP should take?

1. Confirm the specific requirements and wording of Australian statutory declarations.
2. Ascertain whether a New Zealand Justice of the Peace is authorized to administer this Australian declaration.
3. Proceed with the declaration, using the standard New Zealand statutory declaration wording.
4. Advise the client to seek assistance from the Australian High Commission.

Answer B

Rationale: This scenario tests the JP’s awareness of jurisdictional limitations when dealing with foreign documents. 

Section 5.10 of the Manual broadly states “Most countries have ‘oaths and declarations’ or similar legislation and all have different rules about who may administer declarations” and advises JPs to check for explicit authorisation on the form or accompanying instructions. 

Furthermore, Section 5.10.1 specifically addresses Australian declarations, stating: “New Zealand Justices of the Peace do not have authority to take a declaration under the Australian Oaths and Declarations Act 1959. However, some Australian states do allow overseas Justices to take declarations and this may be stated on the form.” 

Therefore, option b) is the critical first step, requiring the JP to determine whether they have jurisdiction in this specific case before proceeding.