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Affidavit Of Denial Template for New Zealand

An Affidavit of Denial is a formal legal document used in New Zealand's legal system where a person (the deponent) makes a sworn statement specifically denying certain allegations, claims, or facts. The document must comply with New Zealand's Oaths and Declarations Act 1957 and relevant court rules, requiring proper witnessing by authorized persons such as solicitors or Justices of the Peace. It serves as formal evidence in legal proceedings and must contain clear, specific denials supported by factual information where applicable.

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What is a Affidavit Of Denial?

The Affidavit of Denial is a specialized legal document used within New Zealand's legal framework when an individual or entity needs to formally and systematically deny specific allegations, claims, or statements made against them. This document type is commonly used in various legal proceedings, from civil disputes to commercial matters, where formal denial of claims is required. The affidavit must be sworn or affirmed before an authorized person (such as a solicitor or Justice of the Peace) and must comply with the requirements set out in the Oaths and Declarations Act 1957 and relevant court rules. It typically includes detailed information about the deponent, specific denials of allegations, and any supporting facts or evidence that contradict the denied claims.

What sections should be included in a Affidavit Of Denial?

1. Title and Court Information: Identifies the court, parties involved, and case number if applicable

2. Deponent Information: Full name, occupation, and address of the person making the affidavit

3. Basis of Knowledge: Explains the deponent's position, role, or relationship to the matter at hand

4. Statement of Truth: Standard declaration that the contents are true and correct to the best of the deponent's knowledge and belief

5. Specific Denials: Numbered paragraphs containing clear and specific denials of allegations or claims

6. Supporting Facts: Factual information that supports or explains the denials

7. Jurat: Formal closing section stating when and where the affidavit was sworn, including witness details

What sections are optional to include in a Affidavit Of Denial?

1. Preliminary Matters: Used when context or procedural history needs to be explained before the denials

2. Counter-Allegations: Include when there are specific counter-claims or alternative versions of events to be presented

3. Expert Qualification: Required when the deponent is giving expert testimony or professional opinion

4. Document Reference: Used when specific documents need to be referenced or explained in detail

5. Relief Sought: Included when the affidavit is part of a specific application or motion

What schedules should be included in a Affidavit Of Denial?

1. Document Index: List of all documents referenced in the affidavit

2. Referenced Documents: Copies of specific documents mentioned in the affidavit

3. Supporting Evidence: Physical evidence, photographs, or other material supporting the denials

4. Exhibit Certificates: Certificates authenticating any exhibits attached to the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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