Auckland Justices of the Peace Association
Training

Answer to Question #8

Sue Furness

Because we are perceived to be a trusted independent witness, a Justice of the Peace may be approached to witness a clients’s signature on a variety of documents. 

Sometimes witnessing a client’s signature is a JP task, and a JP stamp should be used. Sometimes witnessing a client’s signature is a task a JP can perform as a trusted witness (not as a JP, so no stamp is used). 

Either as an independent witness or as a JP, on which of the following documents can a Justice of the Peace NOT witness a signature  

  1. The donor of an Ordinary Power of Attorney.
  2. A will.
  3. The donor of an Enduring Power of Attorney.
  4. An  Authority and Instruction form from Private Individual client for an electronic transaction

Answer: c. This question directly tests the JP’s knowledge about limitations on witnessing signatures. The Ministerial Manual explicitly states that a JP cannot witness the donor’s signature on an Enduring Power of Attorney. This task requires specific legal professionals who can provide the necessary legal advice to the donor.