Defamation Act 1992

Remedies

24: Declarations

You could also call this:

"Asking the court to say someone is guilty of defamation"

Illustration for Defamation Act 1992

If you are taking someone to court for defamation, you can ask the court to declare that the person is liable to you for defamation. You can ask for this declaration even if you are not seeking any money. If the court agrees with you and makes the declaration, you will usually get your court costs paid by the other person, unless the court decides otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281238.

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"Proof that someone is trying to fix a problem fairly"


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25: Retraction or reply, or

"Asking for a correction or a chance to reply if someone says something bad about you"

Part 3Remedies

24Declarations

  1. In any proceedings for defamation, the plaintiff may seek a declaration that the defendant is liable to the plaintiff in defamation.

  2. Where, in any proceedings for defamation,—

  3. the plaintiff seeks only a declaration and costs; and
    1. the court makes the declaration sought,—
      1. the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the court orders otherwise.