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Defamation Act 1992

Procedure

52: General verdict by jury

You could also call this:

"The jury makes a final decision in a defamation case"

Illustration for Defamation Act 1992

You are on a jury for a defamation case. The jury can decide for or against the defendant based on all the information. The judge cannot tell the jury to decide against the defendant just because they published something and it has a certain meaning. The judge can still give their opinion and directions to the jury. The jury can also give a special verdict, which is like a detailed decision. If the jury decides against the defendant, the defendant can still ask to change the decision for certain reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281272.

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"Proof of who wrote or printed something"

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Part 4Procedure

52General verdict by jury

  1. Where any proceedings for defamation are tried before a jury,—

  2. the jury may give a general verdict for or against a defendant upon the whole matter put in issue; and
    1. the jury shall not be required or directed by the Judge to give a verdict against a defendant merely on proof of the publication by that defendant of the matter that is the subject of the proceedings and on proof of the meaning ascribed to it in the statement of claim.

      1. Nothing in subsection (1)—

      2. limits the discretion of the Judge to give the Judge's opinion and directions to the jury on any issue between the parties, in the same manner as in other cases; or
        1. limits the powers of the jury to return a special verdict, as in other cases; or
          1. prevents a defendant in respect of whom a verdict is given from applying to set aside judgment on such grounds and in such manner as if this section had not been enacted.

            Compare
            • 1954 No 46 s 22