Plain language law

New Zealand law explained for everyone

Defamation Act 1992

Procedure

37: Particulars of defamatory meaning

You could also call this:

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

Illustration for Defamation Act 1992

When you are taking someone to court for defamation, you need to say what statements you think are defamatory and untrue. You have to give details about what you think these statements mean. If the meaning is not obvious, you have to explain it. You also have to say if you think the statements have a different meaning than what they normally mean. If so, you have to say who would know this different meaning and why you think it is defamatory. You can look at the related laws for more information. You have to provide all these details so the court can understand your case. This is an important part of the process when you are suing someone for defamation. You can find more information about this in the Defamation Act and the related regulations.

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 It might be out of date or be missing some parts.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=DLM281254.

This page was last updated on — View changes

Previous

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

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

Next

38: Particulars in defence of truth, or

"Proving what you said is true when someone sues you for defamation"

Part 4Procedure

37Particulars of defamatory meaning

  1. In any proceedings for defamation, the plaintiff shall give particulars specifying every statement that the plaintiff alleges to be defamatory and untrue in the matter that is the subject of the proceedings.

  2. Where the plaintiff alleges that the matter that is the subject of the proceedings is defamatory in its natural and ordinary meaning, the plaintiff shall give particulars of every meaning that the plaintiff alleges the matter bears, unless that meaning is evident from the matter itself.

  3. Where the plaintiff alleges that the matter that is the subject of the proceedings was used in a defamatory sense other than its natural and ordinary meaning, the plaintiff shall give particulars specifying—

  4. the persons or class of persons to whom the defamatory meaning is alleged to be known; and
    1. the other facts and circumstances on which the plaintiff relies in support of the plaintiff's allegations.

      Compare