New Zealand Acts

OATHS AND DECLARATIONS ACT 1957 - SECT 13

13 Witnesses under 12 may make declarations

1 A witness under the age of 12 years who is required, under section 77(2) of the Evidence Act 2006 , to make a promise to tell the truth, must, before being examined make the promise:   “I promise to speak the truth, the whole truth, and nothing but the truth”.  

1A That promise has the same force and effect as if the witness had taken an oath.

2 Despite subsection (1), if a te reo Māori equivalent of the declaration set out in subsection (1) is prescribed by regulations made under section 30A , using that te reo Māori equivalent has the same effect as using the declaration set out in subsection (1).

Note: 1908 No 56 s 53

History: Section 13(1): replaced, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).   Section 13(1A): inserted, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).     Section 13(2): inserted, on 19 December 2002, by section 5 of the Oaths and Declarations Amendment Act 2002 (2002 No 71).