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Defamation Act 1992

Procedure

38: Particulars in defence of truth

You could also call this:

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

Illustration for Defamation Act 1992

If you are being sued for defamation, you can say the things you said are true. You must give details about which parts of what you said are facts. You also need to explain the facts and circumstances that support your claim that these statements are true. You do this to show that your statements are true in substance and in fact, and that any opinions you expressed are honest opinions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281255.

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37: Particulars of defamatory meaning, or

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

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39: Notice of allegation that opinion not genuinely held, or

"Telling someone their opinion might not be genuine in a defamation case"

Part 4Procedure

38Particulars in defence of truth

  1. In any proceedings for defamation, where the defendant alleges that, in so far as the matter that is the subject of the proceedings consists of statements of fact, it is true in substance and in fact, and, so far as it consists of an expression of opinion, it is honest opinion, the defendant shall give particulars specifying—

  2. the statements that the defendant alleges are statements of fact; and
    1. the facts and circumstances on which the defendant relies in support of the allegation that those statements are true.

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