Defamation Act 1992

• Jurisdiction: New Zealand
• Citation: 1992 No 105
• Reference: 1992 No 105
• Record Number: DLM280686
• Act Number: 105
• Type of Document: Act

Contenidos

• Defamation Act 1992
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Application
• Part 1
• 4 Defamation actionable without proof of special damage
• 5 Malicious falsehood actionable without proof of special damage
• 6 Proceedings for defamation brought by body corporate
• 7 Single publication to constitute one cause of action
• Part 2
• 8 Truth
• 9 Honest opinion
• 10 Opinion must be genuine
• 11 Defendant not required to prove truth of every statement of fact
• 12 Honest opinion where corrupt motive attributed to plaintiff
• 13 Absolute privilege in relation to proceedings in Parliament
• 14 Absolute privilege in relation to judicial proceedings and other legal matters
• 15 Other rules of law relating to absolute privilege not affected
• 16 Qualified privilege
• 17 Qualified privilege not to apply where publication prohibited
• 18 Restrictions on qualified privilege in relation to Part 2 of Schedule 1
• 19 Rebuttal of qualified privilege
• 20 Joint publishers
• 21 Innocent dissemination
• 22 Consent to publication
• 23 Evidence of adequacy of redress
• Part 3
• 24 Declarations
• 25 Retraction or reply
• 26 Court may recommend correction
• 27 Court may make recommendations as to content, etc, of correction
• 28 Punitive damages
• 29 Matters to be taken into account in mitigation of damages
• 30 Misconduct of plaintiff in mitigation of damages
• 31 Other evidence in mitigation of damages
• 32 Defendant's right to prove other matters in mitigation of damages not affected
• 33 Review of damages
• 34 Statements in open court
• Part 4
• 35 Powers of Judge to call conference and give directions
• 36 Functions of Judge and jury in relation to meaning of matter
• 37 Particulars of defamatory meaning
• 38 Particulars in defence of truth
• 39 Notice of allegation that opinion not genuinely held
• 40 Truth and honest opinion to be pleaded separately
• 41 Particulars of ill will
• 42 Notice of evidence of bad reputation
• 43 Claims for damages
• 44 Particulars in support of claim for punitive damages
• 45 Proceedings deemed to be vexatious if no intention to proceed to trial
• 46 Proceedings in respect of publication in different media of same matter
• 47 Notice of multiple actions
• 48 Consolidation of actions on application of defendants
• 49 Limitation on subsequent actions
• 50 Striking out for want of prosecution
• 51 Evidence as to publisher or printer
• 52 General verdict by jury
• Part 5
• 53 Agreements to indemnify against liability for defamation
• 54 Act not to derogate from Parliamentary privilege, etc
• 55 Amendment to Limitation Act 1950
• 56 Repeals, revocations, and consequential amendments
• Schedules
• 1 Publications protected by qualified privilege
• Part 1
• Part 2
• Part 3
• 2 Enactments amended
• Broadcasting Act 1989 (1989 No 25)
• Children, Young Persons, and Their Families Act 1989 (1989 No 24)
• Commerce Act 1986 (1986 No 5)
• Coroners Act 1988 (1988 No 111)
• Human Rights Commission Act 1977 (1977 No 49) (RS Vol 18, p 227)
• Law Commission Act 1985 (1985 No 151)
• Local Government Official Information and Meetings Act 1987 (1987 No 174)
• Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)
• Police Complaints Authority Act 1988 (1988 No 2)
• Privacy Commissioner Act 1991 (1991 No 126)
• Race Relations Act 1971 (1971 No 150) (RS Vol 14, p 479)
• Securities Act 1978 (1978 No 103) (RS Vol 15, p 533)
• Wanganui Computer Centre Act 1976 (1976 No 19)
• 3 Enactments repealed
• Crimes Act 1961 (1961 No 43) (RS Vol 1, p 635)
• Defamation Act 1954 (1954 No 46) (RS Vol 2, p 307)
• Defamation Amendment Act 1958 (1958 No 63) (RS Vol 2, p 321)
• Defamation Amendment Act 1974 (1974 No 82) (RS Vol 2, p 322)
• Electoral Act 1956 (1956 No 107) (RS Vol 26, p 173)
• Electoral Amendment Act 1981 (1981 No 120) (RS Vol 26, p 346)
• Local Elections and Polls Act 1976 (1976 No 144) (RS Vol 28, p 683)
• Wanganui Computer Centre Amendment Act 1980 (1980 No 52)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Defamation Act 1992

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Preamble

An Act to amend the law relating to defamation and other malicious falsehoods

Contents

1 Short Title and commencement

This Act may be cited as the Defamation Act 1992.

This Act shall come into force on 1 February 1993.

2 Interpretation

In this Act, unless the context otherwise requires,—

broadcaster has the meaning given to it by section 2 of the Broadcasting Act 1989

defamation includes libel and slander

distributor includes—

1. a bookseller; and

2. a librarian

Judge, in Parts 2, 3, and 4, means,—

1. in the case of any proceedings before the High Court, a Judge of that court:

2. in the case of any proceedings before the District Court, a Judge of that court

news medium means a medium for the dissemination, to the public or to a section of the public, of news, or observations on news, or advertisements

newspaper means a paper—

1. containing news or observations on news; or

2. consisting wholly or mainly of advertisements—

processor means a person who prints or reproduces, or plays a role in printing or reproducing, any matter

working day means any day of the week other than—

1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

3. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

2. a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

The provisions of Part 3 of Schedule 1 shall also have effect for the purposes of the interpretation of that schedule.

Section 2(1) Judge paragraph (b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

3 Application

This Act binds the Crown.

This Act applies to proceedings commenced after this Act comes into force, whenever the cause of action arose.

This Act does not apply to...