Defamation Act 1992

Procedure

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

You could also call this:

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

When you are in a court case about defamation, a Judge and jury work together. You need to know that the Judge makes some decisions without the jury. The Judge decides if what someone said or wrote can be considered defamatory, and the Judge makes this decision without the jury present.

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 It might be out of date or be missing some parts.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=DLM281253.

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

Topics:

Crime and justice > Courts and legal help

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

"The Judge Can Help You Settle a Defamation Case"

37: Particulars of defamatory meaning, or

"Explaining what you think is wrong with what someone said about you"

Part 4Procedure

36Functions of Judge and jury in relation to meaning of matter

Where any proceedings for defamation are tried before a Judge and jury,—
the submissions of the parties on whether the matter that is the subject of the proceedings is capable of a defamatory meaning; and
the ruling of the Judge on that issue—