Definition
A statutory declaration is a written statement signed in front of an authorised person and declared to be true.
Making a statutory declaration
The Oaths and Declarations Act sets out the form your declaration must take, and the person authorised to take it. These are different depending on whether you live in or outside of New Zealand:
- If you live in New Zealand see Oaths and Declarations Act 1957, s9
- If you live outside New Zealand see Oaths and Declarations Act 1957, s11
When a statutory declaration is required
We will ask you to provide statutory declarations in the following situations. We will provide you with a template containing the declaration text when it is required.
To confirm your application or notification is true and correct
You must declare that all information you provide is true and correct.
To confirm your commitment to reside in New Zealand
If you are applying under a residence-based investment pathway you may need to provide a statutory declaration that you intend to live, and become tax resident, in New Zealand.
Buying or building one home to live in
To confirm you meet the investor test
You may need to declare that you meet the investor test, which covers factors relating to your character, capability and immigration eligibility. If the overseas person is not an individual, all individuals with control of the overseas person must make this declaration.
If you have previously met the investor test, the statutory declaration submitted with the application should confirm whether there have been any changes since information was last provided. If there are any changes, you will need to also provide a clear explanation of the offence, contravention or other matter in your declaration.
During assessment, if we identify relevant overseas people or individuals with control of the overseas person that are additional to those covered by the statutory declaration, an additional investor test statutory declaration may be required.
To confirm your ongoing compliance with conditions
We can ask you to provide a statutory declaration that you have complied with the conditions of your consent. If you have breached a condition or conditions, we can ask you to provide a statutory declaration explaining the reasons for this and the steps that you intend to take to remedy it.
Minimum standards
We can only accept statutory declarations if they:
- are correctly dated
- are originals
- are witnessed and signed by an authorised person
- include the name and qualification of the authorised person underneath the signature to show the basis for their authority (for example, solicitor)
- are in the form required by either section 9 or section 11 of the Oaths and Declarations Act (depending upon whether you are in or outside New Zealand).
Providing your statutory declaration
The required statutory declarations should be provided when you lodge your application using the relevant online application form.
Upload the completed statutory declarations along with the other required documentation.
Legislation
The Oaths and Declarations Act details the procedure for making declarations, roles that are authorised to witness them, and the form that declarations must take.
Oaths and Declarations Act 1957
The Overseas Investment Act provides for the taking of statutory declarations to confirm information provided by an investor.
- Confirm intention to reside: Overseas Investment Act 2005, s5
- Confirm application is true and correct: Overseas Investment Act 2005, s23
- Confirm repeat investor’s circumstances have not changed: Overseas Investment Act 2005, s29A
- Confirm compliance with conditions: Overseas Investment Act 2005, s40
- Confirm notification true and correct: Overseas Investment Act 2005, s87