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Defamation Act 1992

Procedure

35: Powers of Judge to call conference and give directions

You could also call this:

"The Judge Can Help You Settle a Defamation Case"

Illustration for Defamation Act 1992

You can go to court if someone says something bad about you. A Judge can call a meeting with you and the other person to talk about the problem. The Judge can help you both agree on what to do. The Judge can ask you to say if something is true or not. If you do not say, you might have to pay for proving it. The Judge can also ask you to show documents or answer questions. The Judge can set a time for the trial and tell you what to do next. They can make decisions to help the case go smoothly. When we talk about a party in this case, it means you or the person you are taking to court. A Judge can use special powers to help with the case, as stated in sections 26 and 27. This can happen if you agree or if the person taking you to court asks for it. The Judge is in charge of making sure the case is fair and fast.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281251.

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Topics:
Crime and justice > Courts and legal help
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34: Statements in open court, or

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

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36: Functions of Judge and jury in relation to meaning of matter, or

"How a Judge and jury decide if something is defamatory"

Part 4Procedure

35Powers of Judge to call conference and give directions

  1. For the purpose of ensuring the just, expeditious, and economical disposal of any proceedings for defamation, a Judge may at any time, either on the application of any party or without such application, and on such terms as the Judge thinks fit, direct the holding of a conference of parties or their counsel, presided over by a Judge.

  2. At any such conference, the Judge presiding may—

  3. identify the matters in issue between the parties, and ascertain whether those issues may be resolved, in whole or in part, by means (including the publication of a correction or a voluntary apology) acceptable to the parties, and, if the parties agree, the Judge may make such order as is necessary to give effect to the agreement between the parties:
    1. with the consent of the parties, or on the application of the plaintiff, exercise the powers conferred on a court by sections 26 and 27:
      1. require any party to make admissions in respect of questions of fact; and if that party refuses to make an admission in respect of any such question, that party shall be liable to bear the costs of proving that question, unless the Judge before whom the proceedings are tried is satisfied that the party's refusal was reasonable in all the circumstances, and accordingly orders otherwise in respect of those costs:
        1. require any party to make discovery of documents, or permit any party to administer interrogatories:
          1. fix the time within which any statement of defence shall be filed or any other step in the proceedings (including the filing of any document and the giving of any notice) shall or may be taken by any party:
            1. fix a time and place for the trial of the proceedings:
              1. give such consequential directions as may be necessary.

                1. In this section party, in relation to any proceedings for defamation, includes any intended party to those proceedings.