Plain language law

New Zealand law explained for everyone

Defamation Act 1992

Procedure

50: Striking out for want of prosecution

You could also call this:

"The court can stop your case if you don't do anything with it for a year."

Illustration for Defamation Act 1992

You are taking a defamation case to court. If you do not do anything with your case for 12 months, the defendant can ask the court to stop the case. The court will stop the case if no trial date has been set and you have not done anything with the case for 12 months. If the court stops your case, you cannot start a new case against the same person for the same reason unless the court says you can. You have to tell everyone involved if you want to start a new case after the old one was stopped. The court has the power to stop a case if nothing is happening with it, and this rule does not change that. If the court stops your case, you will need to ask the court for permission to start a new one.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281270.

This page was last updated on — View changes

Previous

49: Limitation on subsequent actions, or

""

Next

51: Evidence as to publisher or printer, or

"Proof of who wrote or printed something"

Part 4Procedure

50Striking out for want of prosecution

  1. In any proceedings for defamation, unless the court in its discretion orders otherwise, the court shall, on the application of the defendant, order the proceedings to be struck out for want of prosecution if—

  2. no date has been fixed for the trial of the proceedings; and
    1. no other step has been taken in the proceedings within the period of 12 months immediately preceding the date of the defendant's application.

      1. Where any proceedings are struck out under subsection (1), no further proceedings may be commenced by the plaintiff against any defendant in the proceedings in respect of the same or substantially the same cause of action, except by the leave of the court in which it is sought to commence those proceedings.

      2. Notice of an application for leave under subsection (2) to commence any proceedings for defamation shall be given by the applicant to every person against whom the proceedings are to be commenced.

      3. Nothing in this section limits any other power of a court to order any proceedings to be struck out for want of prosecution.