Quick answer: JP or Notary Public?
For many ordinary New Zealand certified copies and witnessing tasks, a Justice of the Peace (JP) may be accepted. For documents intended for overseas use, a Notary Public may be required — particularly where formal notarisation is specified.
The deciding factor is the requirement of the organisation receiving the document. If it says “Notary Public” or “notarised”, do not assume a JP certification is an equivalent substitute.
New Zealand Ministry of Justice guidance lists JPs, Solicitors of the High Court, Notaries Public and Deputy Registrars among people who may commonly witness or certify documents for court purposes. But the exact authorised person depends on the particular process.
Source checked: New Zealand Ministry of Justice guidance on witnessed, certified and authenticated documents.
What does a Justice of the Peace do?
A Justice of the Peace can perform a range of document-related functions in New Zealand. Common examples include certifying copies and witnessing certain signatures or declarations where a JP is an authorised and accepted witness.
For many domestic uses, a JP can therefore be exactly what you need. The important point is to check the instructions from the bank, university, government agency, court, employer or other organisation asking for the document. For a broader certification overview, see Who Can Certify Documents in NZ?.
What does a Notary Public do in New Zealand?
A New Zealand Notary Public is a lawyer who has separate authority to perform formal notarial acts. Notaries are particularly associated with documents that need to be recognised or used overseas.
A notarial act can include certifying a true copy, witnessing a signature or completing another formal notarial function required for the document. The notary may add their signature, seal or stamp and a statement describing the act performed.
A Notary Public may charge a professional fee for this work. If you need help arranging the appointment, see our Notary Coordination service.
JP vs Notary Public NZ: side-by-side
| Question | Justice of the Peace (JP) | Notary Public |
|---|---|---|
| Common NZ certified copies? | Often, where the receiving organisation accepts a JP. | Can also certify through a formal notarial act where appropriate. |
| Witnessing? | Can witness documents where a JP is authorised and accepted. | Can perform formal notarial witnessing for relevant documents. |
| Overseas documents? | May be accepted in some circumstances, but not where notarisation is specifically required. | Commonly used where an overseas authority or NZ process requires notarisation. |
| DIA apostille/authentication when notarisation is required? | No. JP certification is not a substitute. | Yes. DIA requires an NZ Notary Public where notarisation is required. |
| Cost? | Generally free. | A professional fee may apply. |
When is a JP usually enough?
A JP may be enough when the organisation asking for the document specifically says it accepts a Justice of the Peace. This can include many everyday New Zealand certification and witnessing situations.
- certifying a copy where the recipient lists a JP as an accepted certifier
- witnessing certain signatures or declarations where a JP is authorised
- domestic processes that do not require formal notarisation
Do not choose the certifier simply because one is easier to find. Check the recipient's wording first.
When do you need a Notary Public?
You may need a Notary Public when the receiving organisation specifically asks for a document to be notarised, when a foreign authority requires a notarial act, or when the New Zealand apostille/authentication process requires notarisation for your document type.
Important for apostilles and authentications
Current New Zealand Government guidance says that when a document needs to be notarised for an apostille or authentication, it must be notarised by a New Zealand Notary Public. A Justice of the Peace or ordinary solicitor certification is not accepted as a substitute for that notarisation requirement.
Apostille NZ assistance • Document authentication assistance
Source checked: Current New Zealand Government guidance for using NZ documents overseas and Authentication Unit document requirements.
Why isn't an ordinary lawyer always enough?
A Notary Public in New Zealand is a lawyer, but an ordinary lawyer or solicitor is not automatically a Notary Public. If the instructions specifically require notarisation, you need someone acting in their capacity as a Notary Public.
This distinction matters particularly in the DIA apostille and authentication process. Current government guidance specifically says not to substitute certification by a JP or solicitor when notarisation is required.
What if the document is for use overseas?
Start with the requirements of the overseas organisation that will receive the document. Depending on the country and purpose, it may ask for the original, a certified copy, notarisation, an apostille, authentication/legalisation, a translation, or several of these steps.
An apostille or authentication is not the same as notarisation. An apostille or authentication is an official government certificate used to confirm the relevant signature, stamp or seal on a document. Some documents must first be prepared or notarised correctly before the government process can proceed. If you are unsure which government route applies, read Apostille vs Authentication NZ.
For a fuller explanation, see our New Zealand Apostille Requirements guide. If you are still working out the whole overseas-document pathway, start with Documents for Overseas Use.
Does every overseas document need a Notary Public?
No. This is an important distinction. Some New Zealand public documents can be submitted to the Authentication Unit as originals without prior notarisation. Other document types require an original or copy to be notarised.
For example, current DIA requirements accept original New Zealand birth, death, marriage, civil union and name-change certificates, while various private or other document categories can require notarisation. The requirement depends on the document.
Certified copy vs notarised copy vs apostille
| Term | What it means | Key point |
|---|---|---|
| Certified copy | A copy checked against an original and endorsed as a true copy by an accepted certifier. | The recipient decides which certifiers it accepts. |
| Notarised copy | A copy dealt with through a formal Notarial Act by a Notary Public. | Used where notarisation is specifically required. |
| Apostille | An official certificate for eligible NZ documents being used in apostille countries. | Handled by the NZ Department of Internal Affairs Authentication Unit. |
| Authentication | A government authentication route for countries/documents outside the apostille route. | Further steps can apply depending on the destination country. |
How to decide which one you need
Identify the receiving organisation
Know exactly who will receive the document and in which country.
Read its requirements carefully
Look for words such as certified, witnessed, notarised, apostilled, authenticated or legalised.
Check the NZ document requirements
If apostille or authentication is involved, check whether your particular document must be original or notarised.
Use the correct person and process
Arrange a JP only where JP certification is accepted, or a Notary Public where formal notarisation is required.
Common mistakes to avoid
- Assuming a JP and Notary Public are the same thing.
- Getting a JP certification when the instructions specifically say “notarised”.
- Paying for notarisation when an original public document can be used without it.
- Assuming every lawyer is a Notary Public.
- Getting documents certified before checking the overseas authority's requirements.
- Confusing notarisation with an apostille or authentication.
If several steps are involved, see How It Works for the full NZ Document Assist coordination process.
Frequently asked questions
What is the difference between a JP and a Notary Public in NZ?
A JP commonly certifies copies and witnesses documents for many New Zealand purposes. A Notary Public is a lawyer with separate authority to perform formal notarial acts and is particularly relevant where documents are intended for overseas use.
Is a JP the same as a Notary Public?
No. They are different roles. A JP certification cannot replace notarisation where a process specifically requires a Notary Public.
Can a JP certify documents in New Zealand?
Yes, for many purposes, provided the organisation receiving the document accepts JP certification.
Do I need a JP or Notary Public for documents going overseas?
It depends on the document, country and receiving organisation. If DIA requires notarisation before apostille or authentication, you need an NZ Notary Public rather than a JP or ordinary solicitor.
Can a JP certify a document for an apostille?
Not where DIA requires notarisation. In that situation, the document must be notarised by a New Zealand Notary Public.
Is a Notary Public free in NZ?
Notary Public services may involve a professional fee. JP services are generally provided without charge.
Can a lawyer act as a Notary Public?
Only if that lawyer has the separate authority to act as a Notary Public. Being a lawyer or solicitor by itself does not make someone a Notary Public.