Defamation Act 1992

Procedure

40: Truth and honest opinion to be pleaded separately

You could also call this:

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

Illustration for Defamation Act 1992

If you are in a court case about defamation, you must say if you think what you said is true. You also must say if you think your opinion is honest. You have to say these two things separately.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281257.

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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"


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41: Particulars of ill will, or

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Part 4Procedure

40Truth and honest opinion to be pleaded separately

  1. In any proceedings for defamation, where the defendant intends to rely on a defence of truth and on a defence of honest opinion, the defendant shall plead each of those defences separately.