It is a criminal offence to knowingly swear or affirm a false affidavit (a written statement given under oath). Such offences are committed by those seeking to pervert the course of justice. For example, a false written statement provided to a District Court by a banned company director about his or her ownership of shares and the methods he or she used to acquire and/or sell them, constitutes a criminal act (perjury).
Section 110 (False oaths) of the Crimes Act 1961 states:
“Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.”
This section of the Crimes Act (part 6) is concerned with “Crimes affecting administration of law and justce”.
In order to determine whether the accused knowlingly sought to pervert the course of justice, a judge would determine this on the basis of the facts. If the hypothetical banned company director had given prominence in his company’s advertising material to the fact that he possessed for example a (claimed) MBA, he would find it very hard to convince the judge that his claims about his shareholdings, once proven false in court, were due to an error on his part – based on his misunderstanding of the nature of the definition of “ownership of shares”.
Similarly, a former police prosecutor who had regularly been involved in court cases dealing with rape and sexual violation crimes, would have difficulty defending a false oath he made in a case in which he was convicted of child rape; by using the argument that he was ignorant of the definition of statutory rape in the case of minors.
At a substantive hearing a defendant commits the criminal act of perjury when he or she presents false evidence under oath to the court.
Section 108 of the Crimes Act defines the term perjury:
“Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.”
The punishment for perjury, upon conviction, can be up to 7 years or in other cases up to 14 years (see s. 109 of the Act).
False allegations about me to the family court resulted in the child being put in the care of a father who has just come off home detention for violent crimes. He has shut the child down completely from all her family she was raised with for 8 years, and will not allow her to speak to lawyers, CYF, or anyone else who can help her. The stress of all this led me to have a stroke 6 months ago. Can I have him charged for falsifying affidavits.
Swearing a false affidavit is a crime under section 111 of the Crimes Act 1961 – but how do you enforce it? The Police don’t want to know about it. It appears it is a crime which can just be “swept under the carpet” even by a Judge! Go figure!
My siblings set me up had me framed, made up so much retorhic, told so many lies.
The dumb cop in charge of case, simply did not want to listen to what facts i was stating. Found out latter he had been influenced, along with Judge and Court Staff. There where serious omissions of important facts in my case by Police! Talk about
Verbals, the sumary of facts came from fantsay land, dont know what cop was on ? The Duty Lawyer said is there anything there i agree with ?
My reponse, none of its true !
His reponse, We have to say some thing to JP .
He ignored my instructions and gave a litterney of lies. Later on i found out the Lawyer who was representing me had taken
“Instructions” from other family members, with out my knowledge.
I was informed after hearing ! Breech of NZBORA. One brother had written a letter to Presiding Judge, what a False Statement.
he wasnt there to help me, he was hanging me out there.
He had omitted to say he had been abusing me, assualting me, pushed me down
10 metre flight of stairs, then told judge i had anger management problems.
Whos got the problems.
They had told Police i had threaten them, what rethoric
I had put up with 7 months intense abuse directed at men, by siblings, which
was beyond reason. They then conspire, and tell the Police the biggest littnery of lies imaginable No Fair Hearing, omissions of very important facts by Police, and False statements
by family to Police and Judge and others.
And my Lawyer taking instructions by behind my back, No Justice No Fair Hearing As a senior Public Survant told me a few weeks later there’s some thing wasnt
Right about my case and the charges laid