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Defamation Act 1992

Procedure

39: Notice of allegation that opinion not genuinely held

You could also call this:

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

Illustration for Defamation Act 1992

You are taking someone to court for defamation. They say their opinion was honest. You think their opinion was not genuine. You must tell them this in a notice. You must say why you think their opinion was not genuine. You must include any facts that support your claim in the notice. This helps the other person understand your argument. You must serve the notice within 10 working days of getting their defence. You can ask the court for more time if you need it. The court will decide if you can have more time. You must follow the court's rules when serving the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281256.

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38: Particulars in defence of truth, or

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

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40: Truth and honest opinion to be pleaded separately, or

"Telling the truth and giving your honest opinion must be said separately in court."

Part 4Procedure

39Notice of allegation that opinion not genuinely held

  1. In any proceedings for defamation, where—

  2. the defendant relies on a defence of honest opinion; and
    1. the plaintiff intends to allege, in relation to any opinion contained in the matter that is the subject of the proceedings,—the plaintiff shall serve on the defendant a notice to that effect.
      1. where the opinion is that of the defendant, that the opinion was not the genuine opinion of the defendant; or
        1. where the opinion is that of a person other than the defendant, that the defendant had reasonable cause to believe that the opinion was not the genuine opinion of that person,—

        2. If the plaintiff intends to rely on any particular facts or circumstances in support of any allegation to which subsection (1)(b)(i) or (ii) applies, the notice required by that subsection shall include particulars specifying those facts and circumstances.

        3. The notice required by subsection (1) shall be served on the defendant within 10 working days after the defendant's statement of defence is served on the plaintiff, or within such further time as the court may allow on application made to it for that purpose either before or after the expiration of those 10 working days.