Defamation Act 1992

Remedies

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

You could also call this:

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

You have the right to prove other things that might reduce the amount of damages you have to pay. Nothing in sections 29, 30, or 31 limits other rules of law that say what can be considered when deciding damages in a defamation case. This means you can still use those other rules to try to reduce the damages you have to pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281247.

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

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31: Other evidence in mitigation of damages, or

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

33: Review of damages, or

"The court can change the amount of money awarded in a defamation case"

Part 3Remedies

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

Nothing in section 29 or section 30 or section 31 limits any other rule of law by virtue of which any matter is required or permitted to be taken into account, in assessing damages in any proceedings for defamation, in mitigation of damages.