Making declarations outside New Zealand

If you're completing a statutory declaration overseas, the witnesses you can use might be different to those you can use in New Zealand. If you're a company director and live overseas, you might be able to send us a declaration that doesn't need to be witnessed.

Overseas director certificate

If you're a director of a New Zealand company and spend most of your time out of New Zealand, you might be able to provide an overseas director certificate instead of a statutory declaration.

You can provide an overseas director certificate if:

  • your company is already a registered motor vehicle trader
  • you spend less than 300 days each calendar year in New Zealand, and
  • no more than three other directors have provided overseas director certificates instead of statutory declarations.

Form MVTR 9 - Overseas Director Certificate [PDF, 58 KB]

If you don't meet these criteria, you'll need to complete a statutory declaration.

Tip Icon Violet2 Note

If three people in your company have already provided an Overseas Director Certificate, and those people have not since provided a statutory declaration, the new director must complete a statutory declaration. We'll let you know which form is needed.

Statutory declaration

Choosing your witness

Make sure you have your statutory declaration witnessed by someone who is authorised to do so — otherwise you will need to do it again.

There are different authorised witnesses for countries that are in the Commonwealth and those that aren't. See below for more details.

The New Zealand Embassy or High Commission in the country you're located in can provide information about document witnessing services.

New Zealand embassies — New Zealand Foreign Affairs & Trade(external link)

Assistance for New Zealanders overseas — New Zealand Foreign Affairs & Trade(external link)

Commonwealth countries

Countries such as Australia, Malaysia, Singapore, and India are Commonwealth countries. For a full list of member states, visit the Commonwealth website.

Member countries — The Commonwealth(external link)

A statutory declaration made in an overseas Commonwealth country may be made before one of the following:

  • a Judge
  • a Commissioner of Oaths
  • a notary public
  • a Justice of the Peace
  • any person authorised by that country's law to administer an oath for the purpose of a judicial proceeding
  • a Commonwealth representative, or
  • a solicitor of the High Court of New Zealand.

Countries outside the Commonwealth

A statutory declaration made in overseas outside of the Commonwealth may be made before one of the following:

  • a Commonwealth representative – including an ambassador, High Commissioner, or consular officer
  • a judge
  • a notary public, or
  • a solicitor of the High Court of New Zealand.

Countries that are outside the Commonwealth include the United States of America, China, and Japan.