Defamation Act 1992

Defences - Honest opinion

11: Defendant not required to prove truth of every statement of fact

You could also call this:

"You don't have to prove everything you said is true in a defamation court case."

You are in a court case about defamation. This means someone thinks you said something bad about them. You can say your opinion was honest. You do not have to prove every fact you said is true. Your opinion must be based on facts that are true or generally known at the time you said them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281221.

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

10: Opinion must be genuine, or

"You must prove your opinion is what you really think if someone sues you for defamation."

12: Honest opinion where corrupt motive attributed to plaintiff, or

"You can say it's your honest opinion, even if you think someone did something wrong."

Part 2Defences
Honest opinion

11Defendant not required to prove truth of every statement of fact

In proceedings for defamation in respect of matter that consists partly of statements of fact and partly of statements of opinion, a defence of honest opinion shall not fail merely because the defendant does not prove the truth of every statement of fact if the opinion is shown to be genuine opinion having regard to—
those facts (being facts that are alleged or referred to in the publication containing the matter that is the subject of the proceedings) that are proved to be true, or not materially different from the truth; or
any other facts that were generally known at the time of the publication and are proved to be true.

Compare

1954 No 46 s 8