Defamation Act 1992

Procedure

45: Proceedings deemed to be vexatious if no intention to proceed to trial

You could also call this:

"What happens if you start a court case but don't plan to finish it"

If you start a court case to get damages for defamation, it can be seen as vexatious. This happens when you start the case but have no plan to take it to trial. You are deemed to be taking vexatious proceedings in this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281262.

This page was last updated on 2 December 2025 — View changes

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

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

46: Proceedings in respect of publication in different media of same matter, or

"One court case at a time for the same false story in different media"

Part 4Procedure

45Proceedings deemed to be vexatious if no intention to proceed to trial

The commencement of proceedings to recover damages for defamation shall be deemed to be a vexatious proceeding if, when those proceedings are commenced, the plaintiff has no intention of proceeding to trial.