Defamation Act 1992

Remedies

33: Review of damages

You could also call this:

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

You are in a court case about defamation. If the court thinks the amount of money awarded is too much or too little, they can change it. The court can make a new decision about the money if everyone agrees. When the court makes a new decision, it is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281248.

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

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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."

34: Statements in open court, or

"Saying something in court to clear things up during a defamation case"

Part 3Remedies

33Review of damages

In any proceedings for defamation, where a verdict is set aside by the court by which the proceedings are tried, or by any court on appeal, on the ground that the damages awarded in the proceedings are excessive or are inadequate, the court by which the verdict is set aside may, with the consent of the plaintiff and of every defendant against whom the award was made, substitute its own award of damages in the proceedings.
Where a court substitutes its own award of damages under subsection (1), the award so substituted shall be final.