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New Zealand law explained for everyone

Defamation Act 1992

Procedure

43: Claims for damages

You could also call this:

"Claiming money for harm to your reputation"

Illustration for Defamation Act 1992

When you are taking someone to court for defamation and they are a news medium, you cannot say how much money you want in damages. You just have to say you are claiming damages. The court will decide how much money you get. If the court decides you should get some money, but it is less than you asked for, and the judge thinks you asked for too much, you might have to pay the other person's court costs. This means you could end up paying their lawyer's fees. The judge gets to decide if you asked for too much money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281260.

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42: Notice of evidence of bad reputation, or

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

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44: Particulars in support of claim for punitive damages, or

"Details to support a claim for extra damages in a defamation case"

Part 4Procedure

43Claims for damages

  1. In any proceedings for defamation in which a news medium is the defendant, the plaintiff shall not specify in the plaintiff's statement of claim the amount of any damages claimed by the plaintiff in the proceedings.

  2. In any proceedings for defamation, where—

  3. judgment is given in favour of the plaintiff; and
    1. the amount of damages awarded to the plaintiff is less than the amount claimed; and
      1. in the opinion of the Judge, the damages claimed are grossly excessive,—
          1. the court shall award the defendant by whom the damages are payable the solicitor and client costs of the defendant in the proceedings.