Defamation Act 1992

Remedies

30: Misconduct of plaintiff in mitigation of damages

You could also call this:

"When you sue someone, your past wrongdoings can affect the money you get."

If you are suing someone for defamation, the other person can tell the court about times when you did something wrong. This is to show that your reputation is not very good in the area that the case is about. The court will consider this when deciding how much money you should get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281245.

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

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29: Matters to be taken into account in mitigation of damages, or

"Things that reduce the amount of money someone gets for being defamed"

31: Other evidence in mitigation of damages, or

"Reducing the amount you pay if you're sued for defamation"

Part 3Remedies

30Misconduct of plaintiff in mitigation of damages

In any proceedings for defamation, the defendant may prove, in mitigation of damages, specific instances of misconduct by the plaintiff in order to establish that the plaintiff is a person whose reputation is generally bad in the aspect to which the proceedings relate.