Justice of the Peace for Divorce Documents NZ: What a JP Does and Where to Find One

If you are filing for divorce in New Zealand without a lawyer and choose the "no court appearance" option, you will need to have your application affidavit sworn or affirmed before an authorised witness. A Justice of the Peace is one option; JPs handle two essential tasks in the dissolution process: witnessing your sworn affidavit and certifying your marriage certificate copy. Both services are free.

What the JP Actually Does

When you select the "no court appearance" option on your dissolution application — which most self-represented filers choose — your application affidavit must be sworn or affirmed in front of an authorised witness. A JP is the most accessible option (a court Registrar or practicing solicitor can also do this, but JPs are free and widely available).

During the visit, the JP will:

1. Watch you sign the affidavit. You must not sign the document beforehand. The JP needs to see you physically sign it, then they counter-sign as the witness. Bringing a pre-signed affidavit invalidates the document.
2. Administer the oath or affirmation. You choose whether to swear (on a religious text) or affirm (a secular declaration). Both carry the same legal weight.
3. Certify the marriage certificate copy. Your dissolution application requires a certified copy of your official marriage certificate from Births, Deaths and Marriages. The JP compares the copy to the original, stamps it as a true copy, and signs it. This certified copy is then attached to your affidavit as "Exhibit A."
4. Initial any corrections. If you made a handwritten correction on a completed form, the JP must initial the correction during the same witnessing session. Corrections initialled later — or not initialled at all — can cause the registry to return the application.

What to Bring

Come prepared so the JP can process everything in one visit:

• Your completed but unsigned application affidavit
• Your original or certified copy of the official marriage certificate from BDM (not the yellow wedding-day document)
• A photocopy of the marriage certificate for the JP to certify
• Photo ID (driver's licence or passport)
• A separation agreement, if you have one, to attach as "Exhibit B"

If you are filing a sole application and someone has already served your spouse, the server's Affidavit of Service (Form G8) also needs to be sworn before a JP — the server attends that appointment separately.

Where to Find a JP

JPs volunteer their time at scheduled clinics across New Zealand. The most common locations:

• Public libraries — many run weekly JP clinics, often on weekday lunchtimes or Saturday mornings
• Citizens Advice Bureau offices — most have regular JP availability
• Court registries — court Registrars can perform the same function during business hours
• Community centres and council service centres — check your local council website

The Royal Federation of New Zealand Justices' Associations maintains a JP locator on their website. Your local CAB can also tell you the nearest clinic schedule.

No appointment is needed for most JP clinics, but arriving early helps — popular Saturday sessions at central libraries can have queues.

Common Mistakes at the JP Visit

The most frequent issue is arriving with a pre-signed affidavit. JPs are trained to refuse witnessing a signature they did not see happen. If you have already signed, you will need to complete a fresh copy and sign it in front of the JP.

The second most common mistake is bringing the wrong marriage certificate. The yellow "Copy of Particulars of Marriage" signed on your wedding day is not acceptable. You need the official white certificate from the Department of Internal Affairs, Births, Deaths and Marriages.

Our New Zealand Divorce Filing Process Guide includes a JP visit checklist covering every document and step, so you get everything done in a single appointment.

See more New Zealand guides →