Answer to Question # 7

A client requires an Australian Statutory Declaration to be completed. They confirm that the form states a New Zealand Justice of the Peace can administer the declaration. How should the Justice of the Peace proceed?

1. Refuse, as New Zealand JPs do not have jurisdiction over Australian legal documents.
2. Contact the relevant Australian authority to confirm their acceptance of a New Zealand JPs signature.
3. Administer the declaration as usual but ensure the wording ‘Justice of the Peace for New Zealand’ is either on your stamp or clearly written after your signature.
4. Advise the client to contact the Australian High Commission for guidance.

Rationale: The Ministerial Manual (p53) notes that it may be stated on the form or on accompanying instructions that a New Zealand Justice may administer the declaration. In this situation, take the declaration as usual or according to instructions provided. Do not change any wording on the form. Write ‘Justice of the Peace for New Zealand’ after your signature (if this is not on your stamp).

It also highlights that it is the client’s responsibility to determine whether you have jurisdiction to take their declaration. Therefore, option c) reflects the correct procedure when the client has confirmed the form’s instructions permit a New Zealand JP to act.