Members Area
    
 
   

CRIMINAL LAW

Affidavits

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


An affidavit is a typed, clearly set out document which is sworn on the Bible or affirmed on oath and becomes a very important piece of evidence in many Court cases.

Affidavits often form the basis of the evidence in a Civil or Family Court case.

They rarely are used in a criminal case but are always used in something such as an Application for a Limited Licence.

See our Index Sites below for examples of Affidavits :

Adoption Act 1955

Limited Licences

Removal of Disqualification

Matrimonial Property

Affidavits are used all the time in the Family Court and you will see plenty of examples under the following other Index Headings:

Each of these sites will give you examples of Affidavits in those particular fields and you will find plenty of other examples on other topics. Follow the format of those examples.

The affidavit is only the basic documentary evidence used to start a case or to obtain an interim order from a  Court   

The affidavit can always be challenged. The other side can file an affidavit in response. It is a build up of these affidavits and cross affidavits which provide the basis,  in many cases,  of the evidence before the Court.

Now that you are able to access the format of the type of affidavit used in all of the index topics on this web site you can proceed to draw up your own

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
"A helpful site. Explained well. Marty - Timaru - January 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"dear Netlaw,

My partner and I found all your family sites really good. We are fighting a maintenance and custody dispute with his ex and we cannot get legal aid so we are trying to go it alone and your site really helps. The judge actually commented on our documents saying that they were good. Thanks again . . . . Tuia"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"This topic delivered what it promised. Documents and ideas and some tips. I was happy. Miriam (Not rael name, but name supplied) Hamilton."
"I see that the documents posted on the Family Court of New Zealand now differ to the ones posted on your site, example form A4 consent to adoption -http://www.justice.govt.nz/courts/family-court/documents/forms/pdf/A4.pdf/view?searchterm=form%20a4
It asks for different information on the front page, e..g deponent and with or without notice, what does all this mean, and how do I complete this part of the form?
Do you have a sample of one of these forms completed?
Regards
Steve"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great to be right up to date with the new Evidence Act. Richard G. - Wellington"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"The best topic I have seen so far. Everything I needed. My lawyer said I needed to pay in $2000 to get the thing started. I did it myself. It took some effort but I got there. He did not defend it and now, thanks to Netlaw and the Court staff, I have my Order from the Court in my hand. Money well spent (Identity withheld) Auckland - June 2007"
"Excellent documents and access to the precise law.The Court staff were helpful. Gayle. Coromandel."
"Really useful. One letter (and some draft documents) from me did the trick. I did not need to go near a lawyer. The "other" person was my partner's "ex" and she followed me to work almost every day threatening me but not in a criminal way The Police said she had not committed a crime. My letter worked. She has not done it since but my response looked really professional. Thanks - Barbara - Tauranga "
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"You provide all the documents. Thank you. - Brett -Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
"

"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Hi, what is the success of wives asking for spousal support today? is it a common application or is it becoming too rare because there is DPB available and also because the system is changing and not favoring this type of maintenance anymore?? I just like to have a rough idea if I should pursue this. I've recently been made redundant, am getting no child maintenance and my ex says that I wont be able to get anything anyway as his business is off shore...Any help will be great thanks.

Netlaw replies: It is not common because the DPB is well above what most partners could afford, and still maintain themselves. But in financially well off families spousal maintenance is a runner, particularly until a matrimonial property division provides the partner in need with a large lump sum. Then, the need for extra maintenance dissipates. Apply for a benefit immediately and then apply also to the Family Court for an order for spousal maintenance. If the orders you receive amount to LESS than the DPB then that money goes towards the benefit, not on top. But if your order is MORE than the benefit then you just go off the benefit and take the sum awarded."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Never knew what this meant. Now I do. Needs to be read with your other civil topics on suing people etc. Pete A - Whakatane - May 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"While you have considerable detailed information for the applicant there is no information directed at a respondent and how to respond.
Netlaw responds: Sorry. We will add to the topic today. The Respondent must, within 20 working days, file in the Court and serve on the Applicant, his or her own Affidavit of Assets and Liabilities as well as a Narrative Affidavit."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"My wife and I found this a valuable site. We discovered that the Court staff were not very helpful so if you are filing your own papers then you should make sure you convince them that you know what you are talking about. In the end, the Court staff realised that we knew as much as any lawyer on the topic and we won most of what we wanted. Thanks to you people at Netlaw.

G & J June 2007"

"Hi Richard
I would like to get your thoughts on a proposal I am thinking of putting to our neighbours at a Settlement Conference on Monday. They have applied for an Order to have trees removed in our property under Section 129C of the Property Law Act 1952. It looks unlikely that either party will concede so I was going to suggest that both parties agree to the Conference Judge making a decision based on the facts presented and on the Property Law Act provisions. We would agree to abide by the decision and not appeal providing our neighbours agreed to do the same. This would save the expense and time of a full Court hearing if we otherwise dont reach settlement through the Monday Conference. The outcome should be the same-we are both representing ourselves. I guess if the Judge decides an Order for removal should be made he would have to formalise this through a Court procedure in terms of the Property Law Act but hopefully not through a normal hearing. Would appreciate your comments on this approach. Has it been done to your knowledge, is it feasible, are there any fatal flaws in the idea ?
Cheers Barry C. June 2007"

"Good Morning,

Anything can be done as a Judicial Settlement Conference provided it is done "by consent". We have not heard of a binding decision being made by a Judge at such a Conference in the Civil Court but is has been done by agreement in the Family Court particularly in the urgent situations of Christmas access being arranged at the last minute and the Judge convening a Mediation Conference and both parties agreeing that the Judge can determine such access on the facts.

But there is nothing to stop you trying to persuade the other side to let the Judge make a decision the Judicial Settlement Conference. However, the Judge would have to have all of the information before him or her at the time and this will include photographs and possibly even going out to have a "view" of the site. We have long advocated that there ought to be a system like this within our judicial system, perhaps by way of a souped up Disputes Tribunal presided over by a trained but energetic and innovative legally trained Referee. But we have not got to that stage yet.

By all means, give it your best shot on Monday. Put your case forward in a very well-prepared manner and be totally objective and fair-minded. you may well find that the Conference proceeds in a way favourable view and therefore you are entitled to drop into the discussions from time to time "Well, Judge, why cannot be settled on that basis?" You might well find that the other side does settle and agree and the Judge this then able to wrap it all up with an appropriate order.

Best of luck . . . Netlaw
"

"Thanks Netlaw
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . Barry - June 21 2007
"

"Bloody, bloody, bloody helpful. Worth the $45 alone!!! I threatened my neighbours (nicely) with a letter and a bundle of the documents you suggested and they agreed to take down two trees. No lawyers involved. You guys empowered me and I did it myself, successfully. Jim D. Blenheim"
"Thanks Netlaw,
You really gave us the tools to go into court and have a confidance that we were doing the right thing. After 4 court sessions we agreed with our neighbour on the work to be done and a consent order was issued by the court. The trees are now gone and we can look forward to sunlight on our house in the winter. You are helping average joe kiwi to get his rights.
Thanks, Matt - Taupo, February 2008
"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Just what I wanted. I wandered around and around my search engines and could not get a document to download. Netlaw provided it! Sara. Hamilton. June 2007"
"Excellent. I found it easy too. I also looked at the Harrassment topic. It was very easy to understand. A local cop served the Trespass notice for me. He said they don't do it all the time but in my circumstances (urgency) the police were prepared to help. But your topic allowed me to do my own Notice and I really felt better for sticking up for myself. Donna - North Shore June 2007"
"Helpful for me. Thanks - Lee - Harwood"
"Helpful and straightforward. I like you Trespass Notice and easy tips for service etc. Hone. Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Very helpful . . . McBreen"
"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.

Thanks so much :)))"

"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I was a witness in Court recently in a criminal case and I was treated really badly. I was searched and then left on my own for over an hour and even then I was not offered and tea or coffee. I think there should be far more done for witnesses.

Donna . . . . South Auckland - February 2007 "

 Select Topic
 
 Related Topics