Defamation Act 1992

Procedure

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

You could also call this:

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

You can take someone to court for defamation if they publish something about you that is not true. In this case, publication means something is printed in a newspaper, broadcast on TV or radio, or shown in a movie at the cinema. If you start a court case about something someone published, you cannot start another case about the same thing that was published before the first case started. If you want to start another case about the same thing, you have to do it within 28 working days of starting the first case. The court can allow you to start the second case later, but it has to be before the first case goes to trial. If you start a second case too late, the person you are suing can use that as a defence in court. When something is published in a newspaper, it is considered published on the day the newspaper comes out, not on any later day.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281263.

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

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

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

47: Notice of multiple actions, or

"Telling defendants about other similar court cases"

Part 4Procedure

46Proceedings in respect of publication in different media of same matter

In this section publication means the publication of any matter—
in any newspaper; or
by a broadcaster; or
by any cinematographic film in any cinema that is open to the public (whether free or on payment of a charge).

Where any proceedings for defamation have been commenced by any person in respect of the publication of any matter, no other proceedings for defamation may be commenced by that person in respect of any other publication, at any time before the commencement of the first proceedings, of the same or substantially the same matter, unless those other proceedings are commenced—
not later than 28 working days after the commencement of the first proceedings; or
within such longer period as the court in which it is sought to commence the later proceedings may allow, being in no case later than the date on which a date is fixed for the trial of the first proceedings.

Where any proceedings are commenced in breach of subsection (2), a defendant may adduce evidence of that fact by way of defence at the trial of the proceedings, whether or not the defendant has pleaded that fact by way of defence.
For the purposes of this section, matter in a newspaper shall be deemed to have been published on the date of issue of that newspaper, and at no subsequent time.

Compare

1954 No 46 s 9