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Defamation Act 1992

Remedies

31: Other evidence in mitigation of damages

You could also call this:

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

Illustration for Defamation Act 1992

If you are being sued for defamation, you can give evidence to reduce the amount of damages you might have to pay. You can show that the person suing you has already received damages or compensation for the same issue. You can also show that they have already started a claim to get damages for the same issue, or that they have agreed to receive compensation for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281246.

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30: Misconduct of plaintiff in mitigation of damages, or

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

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32: Defendant's right to prove other matters in mitigation of damages not affected, or

"You can show other reasons to reduce the damages you must pay."

Part 3Remedies

31Other evidence in mitigation of damages

  1. In any proceedings for defamation, the defendant may prove, in mitigation of damages, that the plaintiff—

  2. has already recovered damages; or
    1. has brought proceedings to recover damages; or
      1. has received or agreed to receive compensation—
          1. in respect of any other publication by the defendant, or by any other person, of matter that is the same or substantially the same as the matter that is the subject of the proceedings.

        Compare
        • 1954 No 46 s 13