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Defamation Act 1992

Remedies

26: Court may recommend correction

You could also call this:

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

Illustration for Defamation Act 1992

You can ask the court to tell the person who defamed you to correct what they said. The court can make this recommendation if you are taking someone to court for defamation. The court's recommendation is a way for the person who defamed you to fix the harm they caused. You might get some money to cover your court costs if the court recommends a correction and the person who defamed you does it. But you will not be able to get any other compensation from that person for what they did. The court case against that person will be considered finished. If the person who defamed you does not correct what they said, the court will consider this when deciding how much money you should get. You will also get money to cover your court costs, 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=DLM281241.

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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"

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27: Court may make recommendations as to content, etc, of correction, or

"Court can decide how someone says sorry for saying something bad about you"

Part 3Remedies

26Court may recommend correction

  1. In any proceedings for defamation, the plaintiff may seek a recommendation from the court that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings, and the court may make such a recommendation.

  2. Where, in any proceedings for defamation,—

  3. the court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and
    1. the defendant publishes or causes to be published a correction in accordance with the terms of that recommendation,—
        1. then—
      1. the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the court orders otherwise; and
        1. the plaintiff shall be entitled to no other relief or remedy against that defendant in those proceedings; and
          1. the proceedings, so far as they relate to that defendant, shall be deemed to be finally determined by virtue of this section.

            1. Where, in any proceedings for defamation,—

            2. the court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and
              1. the defendant fails to publish or cause to be published a correction in accordance with the terms of that recommendation,—
                  1. then, if the court gives final judgment in favour of the plaintiff in those proceedings,—
                1. that failure shall be taken into account in the assessment of any damages awarded against the defendant; and
                  1. the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the court orders otherwise.