Defamation Act 1992

Defences - Truth

8: Truth

You could also call this:

"Saying Something is True as a Defence"

You can use a defence called truth if someone sues you for defamation. This defence used to be called justification, but now it is called truth. You can prove that what you said was true, or not very different from the truth. You can also use the whole publication to defend yourself, even if the lawsuit is only about part of it. You can tell the court about any facts in the whole publication to help your case. This can help you prove that what you said was true. If you are sued for defamation, you can win your case if you prove that what you said was true. You can also win if you prove that the whole publication was mostly true, even if some small parts were not. This means you need to show that the main points of what you said were correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281217.

This page was last updated on 2 December 2025 — View changes

7: Single publication to constitute one cause of action, or

"One bad publication is one court case, no matter how many mean things it says"

9: Honest opinion, or

"Saying something you truly believe is not defamation"

Part 2Defences
Truth

8Truth

In proceedings for defamation, the defence known before the commencement of this Act as the defence of justification shall, after the commencement of this Act, be known as the defence of truth.
In proceedings for defamation based on only some of the matter contained in a publication, the defendant may allege and prove any facts contained in the whole of the publication.
In proceedings for defamation, a defence of truth shall succeed if—
the defendant proves that the imputations contained in the matter that is the subject of the proceedings were true, or not materially different from the truth; or
where the proceedings are based on all or any of the matter contained in a publication, the defendant proves that the publication taken as a whole was in substance true, or was in substance not materially different from the truth.

Compare

1954 No 46 s 7