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When court documents cannot be personally served on a party, you need an Affidavit Of Non Service to provide sworn evidence of your unsuccessful attempts. This legal document is essential in New Zealand court proceedings, allowing you to demonstrate to the court that reasonable efforts were made to serve documents on the intended recipient.

When do you need this document?

You'll need an Affidavit Of Non Service when a defendant or respondent cannot be located or refuses to accept service of court documents. This commonly occurs when parties have moved without leaving a forwarding address, are deliberately avoiding service, or when businesses have ceased operations. The affidavit is also required when attempting to serve documents at known addresses but the person is never present, or when security restrictions prevent access to serve documents personally. Courts require this evidence before considering alternative service methods such as substituted service or deemed service.

Key legal considerations

Your affidavit must contain comprehensive details of every service attempt, including specific dates, times, locations visited, and methods attempted. You must clearly explain why service could not be completed and describe any conversations with third parties or observations made during attempts. The document should identify all documents intended for service and demonstrate that attempts were made at reasonable times and locations where the person might be found. Remember that the affidavit must be truthful and complete, as providing false information in a sworn document constitutes perjury. The quality and thoroughness of your service attempts will influence whether the court grants alternative service orders.

Legal requirements in New Zealand

Under the High Court Rules 2016 and District Court Rules 2014, your Affidavit Of Non Service must be sworn or affirmed before an authorized person such as a Justice of the Peace, lawyer, or Commissioner for Oaths as required by the Oaths and Declarations Act 1957. The affidavit must clearly identify the court, case details, and parties involved. You must include your full name, occupation, and address as the deponent, along with detailed chronological accounts of each service attempt. The document must specify what attempts were made over what time period, demonstrating reasonable and persistent efforts. Courts expect multiple attempts at different times and locations where the person might reasonably be found. The affidavit becomes admissible evidence under the Evidence Act 2006, supporting your application for substituted service or orders to proceed without personal service.