The Role of the Notary and the Apostille

Guardians of Integrity and Trust – The Role of the Notary and the Apostille

Those holding office as Notaries are revered internationally for their role as trusted certifiers of documents and witnesses to critical transactions. In many overseas countries, the sanctity of identification documents, such as passports; or educational qualifications, such as degrees or diplomas, is ensured through the meticulous process of notarisation.  To ‘notarise’ a document is to issue a form of certification (‘a notarial act’) by a notary public upon documents. The notarial act is a testament to the document's authenticity and the credibility of the individuals involved.

In New Zealand, only those in the legal fraternity can hold office as a notary public.  The appointment is not a mere title but a lifelong commitment. The Archbishop of Canterbury oversees this appointment, infusing it with a touch of historical significance and international recognition.

Apostille: A Key to Cross-Border Acceptance

As the world becomes increasingly interconnected, the need for standardised procedures in document authentication has become paramount. Enter the Apostille – a term derived from French, meaning 'certification.' An Apostille is a specialised form of authentication recognised by countries that are parties to the Hague (Apostille) Convention, a private international law treaty aimed at simplifying the process of document validation for cross-border use.

Why is an Apostille necessary?

Imagine a scenario where a notarised document needs to be accepted in a foreign jurisdiction. In the absence of a universally recognised certification, each country would have its own arduous process for verifying the document's authenticity and that of the notary public involved.  The Apostille streamlines this process, ensuring that a document certified by a notary public is readily accepted by countries that are party to the Hague (Apostille) Convention.

The Apostille process, in plain English, is like getting a universal stamp of approval for a notarised document.  In New Zealand, the Department of Internal Affairs takes on the role of the official stamp-giver certifying that the notary’s signature and seal or stamp are genuine, and the person who signed the document is in fact a notary.

 

Here's how it works:

1. Get Your Document Notarised: First, you have a document notarised by a qualified notary public. This could range from legal papers to personal documents like birth certificates or educational diplomas.

 2. Submit to the Department of Internal Affairs: Once your document is notarised, you send it to the Department of Internal Affairs in New Zealand. This department will then check to make sure the notary who signed your document is genuine.

 3. Apostille Issued: Once confirmed as authentic, the Department of Internal Affairs will attach an Apostille to your document. Think of the Apostille as a universal "thumbs up" that says, " This notary and their signature are legitimate."

 4. Ready for International Use: Now, armed with the Apostille, your document is ready for international use. Whether you're dealing with legal matters or business transactions abroad, the Apostille ensures that other countries will recognise and act on your document.

 

For personalized guidance on document authentication, contact Jayne Macdonald today. Whether you need notarization or Apostille certification for international use, Jayne provides expert assistance in upholding authenticity and trust. Reach out for reliable support in safeguarding your important documents.

Related Articles
urban
Going for Housing Growth – Addressing our Housing Crisis

On 4 July 2024, the Coalition Government introduced its plan to fix our housing crisis consisting of five interlocking actions.

Read More
property inheritance
Receiving an inheritance during your relationship

Relationships can be complicated waters to navigate at the best of times, but it can become even trickier when thought needs to be given to relationship property matters.

Read More
bank mum dad
The Bank of Mum and Dad

Lending money to your children to buy their first home can be a generous and life-changing move, but it’s essential to consider the legal implications before proceeding.

Read More
3Farmersshakinghands2
Who really wants to be a trustee?

The Trust Act 2019 outlines the obligations of trustees, and when taking on a trusteeship an individual or company must be aware of the risks involved.

Read More
innovationagriculture energya tractor powered by livestock manure
Rural eSpeaking Summer 2022

Trusts and succession

Read More
istockphoto 1311594965 612x612
Commercial eSpeaking Summer 2023

Letter of Intent

Read More
greenwashing.jpeg 1
Fineprint Summer 2022

Greenwashing

Read More
couple arguing
Property eSpeaking Summer 2022

Negative equity on your property?

Read More
istockphoto 1193076990 612x612
Commercial eSpeaking Spring 2022

Contract Compliance

Read More
Employment Investigations

ITS EMPLOYMENT MONTH!

Read More
Off the Record Episode 5 Jayne cover 1000
Off the Record - How will the new housing density rules affect Queenstown?

https://www.youtube.com/watch?v=Ml7nmEmtvSY

Read More
old couple smiling at computer
Trust eSpeaking Spring 2022

Trusts Act 2019 also affects executors and administrators of wills

Read More
Whats the Difference Between a Debtor and a Creditor
Fineprint Winter 2022

Creditor compromise regime: Another option in insolvency Guest editorial: The economy - tougher times ahead? Love, heartbreak and...death? Make a new will and EPA's when you separate New Incorporated...

Read More
podcast remarkables3
Off the Record - How to Survive a Legal Dispute

https://www.youtube.com/watch?v=lZ6pC9agrrs

Read More
1 GQSB4LpNRROIcsXjq4Cbg
Commercial eSpeaking Winter 2022

2022 Budget

Read More
podcast remarkables2
Off the Record - Can your business handle divorce?

Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have released episode 3 of their podcast, Off the Record.

Read More
podcast remarkables
Off the Record - A New Era for Directors' Duties

Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have released episode two of their podcast, Off the Record.

Read More
etf investment guide theme wood
Rural eSpeaking Autumn 2022

He Waka Eke Noa

Read More
CAN AN OWNER OBTAIN SPECIFIC PERFORMANCE OF A BUILDING CONTRACT UPON A BUILDER’S REPUDIATION?

Duncan Anderson, Associate, Mactodd Lawyers, Queenstown

Read More
303364c14cbf1e1eb7769ee4321d23d5
Off the Record - Fair Pay Agreements

Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have started a new video podcast where they address issues in law affecting Queenstown businesses.

Read More
0x0
Fineprint - Autumn 2022

Mental health in the workplace Co-ownership arrangements Checking your home is accurately insured Helping your family before you pass away Notifications of privacy breaches increase significantly Post script

Read More
2E064F28 C892 43AD 8F60 BC43E5BE2D68
Commercial eSpeaking Summer 2022

Contractors

Read More
happy couple
Fineprint - Summer 2021

- Defining a de facto relationship

Read More
ricardo gomez angel z6CcN8rlftY unsplash2
INTERNATIONAL CONSTRUCTION LAW JOURNAL ARTICLE

Mann v Paterson Constructions Pty Ltd—Builders' Quantum Meruits Revisited' (2021) 37 Construction Law Journal 207 discusses recent changes to the law in Australia regarding restitutionary claims able to be made...

Read More
Looking at house plans
Fineprint - Winter 2021

Buying off the plans New edition of To Trust or Not to Trust Climate Action Toolbox Post-Covid working world An independent trustee Postscript

Read More
download 1 jpeg
Rural eSpeaking Autumn 2021

Rural Leases - Should be more specific

Read More
download
Rural eSpeaking - Summer 2020

Investment in Farming - A focus on syndicated farm investments The finite supply of water - Water easements Over the Fence - Crown Pastoral Land Reform Bill (submissions open),...

Read More
remote working
Commercial eSpeaking - Spring 2020

Read More
carbon footprint
Fineprint - Winter 2020

Read More
Wellbeing Budget 2020 Image 1080x675
Commercial eSpeaking - Winter 2020

The government’s Budget, presented by the Minister of Finance the Hon Grant Robertson on 14 May has addressed, in the words of the Minister, “a 1-in-100 year health and economic...

Read More
UNDERSTANDING EMPLOYMENT LAW DURING COVID-19

Read More
checklist
Home Buying, Selling & Moving Checklist

These helpful checklists will guide you thought some of the most important areas you and your lawyer need to address when purchasing or selling a residential property and also when moving.

Read More
on the move logo2
On The Move - A Practical Guide For Buying & Selling Your Home

Also includes comprehensive checklists to you don't miss out any important step as well as details on how to protect your assets and when you also need to consider a...

Read More
handing over keys
Australian Guide To Buying Property In NZ

Not all investments in NZ require consent from the Overseas Investment Office (“OIO”) but like many countries NZ has controls on overseas investment. Certain land is subject to OIO consent.

Read More
family trusts4
Family Trust Guide

This practical guide designed to steer you through the essentials of Family Trusts including: Is a family trust for you? Protection given by a Family Trust. Planning for your life. Duties of trustees and how to run a trust. Costs.

Read More
road to glenorchy small2
Guide To Buying Real Estate In New Zealand

Our local knowledge, experience and expertise will provide you with the support and advice you need for a successful property purchase, regardless of the size or complexity of the transaction.

Read More
chinese buyers
Chinese Buyers Guide To Buying Property in NZ

We have produced a practical guide on buying a home or an investment property in New Zealand in Mandarin.

Read More
wills estates2
Estates Booklet - The Closing Chapter

You’re catapulted into thinking about organising a funeral, whether it will be a cremation or burial and how to organise the day, and then you also need to think about...

Read More
Be the First to Know
Something for Nothing

Stay up to date with our latest News, Views & Resources by subscribing to our newsletter. We promise to provide you with quality content & the latest industry news.