What are two situations where a Justice of the Peace may be

QUIZ – Witnessing
1509 – WS801
1/
What are two situations where a Justice of the Peace may be requested to
witness a signature but in fact a Justice of the Peace is not required?
2/
Can you recall a form that requires the signature witnessed by a person
authorised to take statutory declarations?
3/
When witnessing a signature, what are the core responsibilities of the
Justice of the Peace?
4/
Do you have to see photo identification when witnessing a signature?
5/
What will you do if you are requested to witness the signature on a document that
has already been signed by the signatory?
Sep-15
ANSWERS
QUIZ – Witnessing
1509 – WS801
1/
What are two situations where a Justice of the Peace may be requested to
witness a signature but in fact a Justice of the Peace is not required?
Witnessing the signature of an Attorney on an enduring power of attorney
document and being one of the witnesses to a will.
(Refer Manual Section 6.3.1, p35), (Refer Manual Section 6.3.2, p36)
2/
Can you recall a form that requires the signature witnessed by a person
authorised to take statutory declarations?
‘Application for withdrawal of initial KiwiSaver contribution on the grounds of
significant financial hardship or serious illness’ KS 5 (May 2011)
3/
When witnessing a signature, what are the core responsibilities of the
Justice of the Peace?
o
o
o
o
4/
To ensure a Justice of the Peace has jurisdiction to witness the signature
To be reasonably satisfied as to the identity of the client
To ensure the signatory signs in front of the Justice of the Peace and the
signature is their usual signature
To ensure the process is completed in accordance with any instructions
provided with the document (Refer Manual Section 4.1, p17)
Do you have to see photo identification when witnessing a signature?
Unless the agency requests the witness to sight photo identification, it is not strictly
speaking a legal requirement. It is good practice to see a form of photo identification.
However it is not acceptable to refuse to process a client’s document because they
do not have a form of photo identification. (Refer Manual Section 4.3, p18/19)
5/
What will you do if you are requested to witness the signature on a document that
has already been signed by the signatory?
Request the client to cross out the signature and resign the document in front of you.
Treat the crossed out signature as an alteration. (Refer Manual Section 6.3, p34)
Sep-15