Defamation Act 1992

Procedure

42: Notice of evidence of bad reputation

You could also call this:

"Telling the court about the other person's bad behaviour"

Illustration for Defamation Act 1992

If you are being sued for defamation, you might want to show that the person suing you has a bad reputation. You can do this by giving examples of bad things they have done. You must tell the court that you plan to do this when you respond to the lawsuit. You do this by including a statement in your defence that says you will be giving evidence of specific instances of misconduct by the person suing you. This helps show that their reputation is not good in the area related to the lawsuit. You must do this so the court knows what to expect from your defence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281259.

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41: Particulars of ill will, or

"Telling the court someone was mean to you on purpose"


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43: Claims for damages, or

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Part 4Procedure

42Notice of evidence of bad reputation

  1. In any proceedings for defamation, where the defendant intends to adduce evidence of specific instances of misconduct by the plaintiff in order to establish that the plaintiff is a person whose reputation is generally bad in the aspect to which the proceedings relate, the defendant shall include in the defendant's statement of defence a statement that the defendant intends to adduce that evidence.