Witnessing a signature for a client
When a Justice of the Peace (JP) witnesses a client’s signature on a document such as a deed, letter, or any other legal document, their responsibility is strictly limited to verifying and recording the act of signing.
Below is a summary of the requirements and limitations for JPs when witnessing a signature, as described in the Ministerial Manual, Chapter 4.
- Identity Verification: The JP must first confirm the identity of the client. This may involve checking a form of valid identification (such as a passport or driver licence) to ensure the individual signing is the correct person.
- Witnessing the Signature: The JP must directly observe the client as they sign the document. This confirms the authenticity of the signature and that it was made in the JP’s presence.
- Record of Witnessing: Once the client has signed, the JP must write “Signature witnessed only” followed by their own signature, the date, their printed name, and location (for example, “Auckland”).
- Scope of Responsibility: It’s essential to note that the JP’s role is solely to witness the act of signing.
The JP is NOT responsible for the document’s contents and does NOT need to read, understand, approve, or endorse the document itself.
In summary, a JP witnessing a signature verifies the client’s identity and observes the signing process, but their responsibility does not extend to the substance or implications of the document.