Defamation Act 1992

Procedure

48: Consolidation of actions on application of defendants

You could also call this:

"Combining Similar Court Cases About Defamation"

You can ask the High Court to combine two or more court cases about defamation if they are about the same issue. The court can decide to try these cases together. This means all the cases will be heard at the same time in the High Court. You might be a defendant in a case that is similar to another case. If the court combines the cases, you can ask to be part of the combined case. The court will then hear all the cases together. If some of the cases started in the District Court, they will be moved to the High Court. The High Court will decide when and where to hear the combined cases. In a combined case, the judge or jury will decide the total amount of damages to award. They will give a separate verdict for each defendant, and decide how to split the damages between them. If the judge awards costs to the person who started the case, they will also decide how to split these costs between the defendants. This rule also applies to cases about slander of title, slander of goods, and other malicious falsehoods, not just defamation cases. It means that cases about the same or very similar issues can be heard together.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281267.

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

47: Notice of multiple actions, or

"Telling defendants about other similar court cases"

49: Limitation on subsequent actions, or

Part 4Procedure

48Consolidation of actions on application of defendants

The High Court, on the application of the defendants in any 2 or more proceedings for defamation commenced in that court or in the District Court by the same person in respect of the publication of the same or substantially the same matter, may make an order for the consolidation of those proceedings so that they may be tried together.
Where any order is made under subsection (1) in respect of any proceedings for defamation, any defendant in any other proceedings for defamation commenced in respect of the same or substantially the same matter shall be entitled, at any time before the trial of the consolidated proceedings, on making a joint application with the defendants in those proceedings, to be joined in common proceedings with those defendants.
Proceedings that are consolidated under this section shall be tried in the High Court, and shall be tried at such time and place as the High Court may order.
Where any of the proceedings that are consolidated under this section have been commenced in the District Court, the order consolidating the proceedings shall be deemed to be also an order for their removal into the High Court.
In any proceedings that have been consolidated under this section, the following provisions shall apply:
the Judge or jury shall assess in one sum the whole amount of any damages that may be awarded:
notwithstanding paragraph (a), a separate verdict shall be given for or against each defendant in the same way as if the proceedings consolidated had been tried separately:
if a verdict is given against the defendants in more than 1 of the proceedings consolidated, the Judge or jury shall apportion, between and against those defendants, the amount of damages so awarded:
if the Judge at the trial awards to the plaintiff the costs of the proceedings, the Judge shall make such order as the Judge deems just for the apportionment of those costs between and against those defendants.

This section applies to proceedings for slander of title, slander of goods, and other malicious falsehoods as it applies to proceedings for defamation; and references in this section to the same or substantially the same matter shall be construed accordingly.

Compare

1954 No 46 s 11

Notes

Section 48(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 48(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).