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Defamation Act 1992

Remedies

25: Retraction or reply

You could also call this:

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

Illustration for Defamation Act 1992

You can ask for a retraction or a reply if you think you have been defamed in a news medium. You must make this request within 5 working days of finding out about the publication. The retraction or reply must be published in the same medium and be given similar attention. If someone agrees to publish a retraction or reply, they must also offer to pay you for certain costs. These costs include the cost of publishing the reply and the expenses you incurred because of the publication. They must also offer to compensate you for any financial loss you suffered because of the publication. A reply is a statement that explains or rebuts something, or does both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281239.

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24: Declarations, or

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

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26: Court may recommend correction, or

"The court can ask someone to correct false information they shared about you."

Part 3Remedies

25Retraction or reply

  1. Any person who claims to have been defamed by any matter published in a news medium may, not later than 5 working days after that person becomes aware of the publication of that matter in that news medium, request the person who was responsible for the publication of that matter to publish, in the same medium as the publication complained of, with substantially similar prominence, and without undue delay,—

  2. a retraction of the matter in so far as it includes or consists of statements of fact; or
    1. a reasonable reply.

      1. Where, in response to a request made under subsection (1), a person agrees to publish a retraction or a reply, that person shall also offer to pay to the person who made the request (in this subsection referred to as the requester),—

      2. where it is agreed to publish a reply, the cost of publishing that reply; and
        1. the solicitor and client costs incurred by the requester in connection with the publication of the retraction or reply; and
          1. all other expenses reasonably incurred by the requester in connection with the publication complained of; and
            1. compensation for any pecuniary loss suffered by the requester as a direct result of the publication complained of.

              1. In this section, reply means a statement of explanation or rebuttal, or of both explanation and rebuttal.