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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22885
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a U.S. citizen who lived and worked in New Zealand from

Customer Question

I am a U.S. citizen who lived and worked in New Zealand from 1992-2009, when I returned to the U.S. because of primary progressive multiple sclerosis, which could not be adequately treated in New Zealand. My son provides for me financially and I am married and financially stable. I now live in California.
In 1993 I bought a house in New Zealand, and in 2010 rented it out. I decided to sell that house early in 2016. A friend of mine in New Zealand corrected damage done to the house, and it was put on the market. I paid NZ$190,000 for the house and we have received an offer of $380,000. The offer has not yet been fulfilled.
I have a bank account at ANZ NZ in New Zealand and another one at Wells Fargo in the U.S. My solicitor in New Zealand wants me to have an American lawyer sign a form about taxes. At first she asked for me to have a notary public sign the form here, but no notary would do it because it is a New Zealand form. Now I am looking for lawyers who do international but cannot find one who will not be wildly expensive. What should I do? Do I need a U.S. Lawyer to sign the form?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Which US city do you live in? I could suggest NZ lawyers in some larger cities. If this is a statutory declaration then the NZ law says your declaration has to be signed as below,11Declarations made outside New Zealand
(1)A declaration made in a Commonwealth country other than New Zealand shall be made before a Judge, a Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of a judicial proceeding, or before a Commonwealth representative, or before a solicitor of the High Court of New Zealand.
(2)A declaration made in a country other than a Commonwealth country shall be made before a Commonwealth representative, or before a Judge, or before a notary public, or before a solicitor of the High Court of New Zealand.
(3)Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal or signature of any person authorised by this section to take a declaration shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person or of the official or other character of that person.
Expert:  Chris The Lawyer replied 1 year ago.
you could ask a local judge to witness this under this section of the Oathes and Declarations Act 1957, if a notary will not, although there is no reason why a US notary should not witness your signature.
Customer: replied 1 year ago.
I live in the city of Concord, California in the San Francisco Bay Area.
Notaries will not sign my document either because they cannot understand the wording of the document or because they consider that they are not allowed to put their signature on a New Zealand document. There is a New Zealand Consulate in Sacramento and another one in San Francisco. Would either of those be able to sign my document so that I can fax it to me solicitor in New Zealand?
My solicitor in New Zealand wants the signed document sent to her today. I cannot do that today. Is there any way that I can expedite the process?
Expert:  Chris The Lawyer replied 1 year ago.
There is no legal reason why the US Notary cannot witness your signature as they don't need to understand the document. The consular officers would however be suitable. Are there any local judges who could help?
Customer: replied 1 year ago.
There might be local judges who can help. Will check and see. It might be helpful if you could send me a letter with letterhead via e-mail attachment detailing what category of person would be eligible to sign the document. Then I could take the letter with the document to another notary and see if they will sign it. Tell me if it is okay for me to send you my email address.
Expert:  Chris The Lawyer replied 1 year ago.

Your NZ lawyer should be able to do this citing the sections of the Oaths and Declarations Act which I copied and pasted above

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