New Zealand Law Society - Law Society information on affidavits and POAs

Law Society information on affidavits and POAs

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COVID-19 Administration of Affidavits and Statutory Declarations 

The Law Society has been considering options to address issues related to the administration of affidavits and statutory declarations in circumstances of mandatory physical distancing, Chief Executive Helen Morgan-Banda says.

"An option has been identified which could provide a workaround in appropriate circumstances, without requiring amendment to the Oaths and declarations Act or High Court Rules.  We expect  guidance on this for the profession to be available very soon," she says.

COVID-19 Powers of Attorney and Enduring Powers of Attorney – remote witnessing

Ms Morgan-Banda says the Law Society has been in discussions with the Ministry of Justice about whether regulatory changes could be made to allow for powers of attorney and enduring powers of attorney to be witnessed remotely, subject to appropriate safeguards.  She says the ability to witness them electronically is expressly excluded under the Contract and Commercial Law Act 2017, Schedule 5, Part 3, para (e).