Plain language law

New Zealand law explained for everyone

Defamation Act 1992

Remedies

34: Statements in open court

You could also call this:

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

Illustration for Defamation Act 1992

You can make a statement in open court during a defamation case in certain situations. You can do this if all parties agree on what the statement will say, or if a Judge gives you permission. You can also make a statement if the case has been settled and the settlement allows for it. If a defamation case is settled or you accept money from the defendant, you might want to make a statement in open court. But if you and the other parties cannot agree on whether to make a statement or what to say, you can ask a Judge to decide. The Judge can then decide what the statement will say or if no statement should be made. The Judge has the power to make decisions about statements in open court. They can decide what you can say in your statement or they can say you cannot make a statement at all. This helps ensure that statements in open court are fair and reasonable.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281249.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

33: Review of damages, or

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

Next

35: Powers of Judge to call conference and give directions, or

"The Judge Can Help You Settle a Defamation Case"

Part 3Remedies

34Statements in open court

  1. In any proceedings for defamation, a statement may be made by a party in open court only in 1 or more of the following circumstances:

  2. at any time before the final disposition of the proceedings, where—
    1. the parties have agreed that such a statement may be made, and have agreed on the terms of the statement; and
      1. the Judge, in chambers, has granted leave to make the statement:
      2. where the proceedings have been settled, and the terms of the settlement permit the party to make the statement:
        1. by the plaintiff, where the plaintiff has accepted, in full satisfaction of the plaintiff's claim, money paid into court by the defendant, unless the plaintiff has agreed not to make such a statement.

          1. Where—

          2. any proceedings for defamation are settled, or the plaintiff in any proceedings for defamation accepts, in full satisfaction of the plaintiff's claim, money paid into court by the defendant; and
            1. any party to the proceedings wishes to make a statement in open court; but
              1. the parties to the proceedings cannot agree as to—
                1. whether a statement should be made; or
                  1. the terms of the statement,—
                    2. any party may apply to the Judge, in chambers, to determine the question.

                  2. On hearing an application under subsection (2), the Judge may, if he or she thinks fit,—

                  3. determine the terms of the statement; or
                    1. direct that no statement be made.