Our Legal Guide sets out the framework of New Zealand defamation law.
We cover all the basics. We also give masterclass pointers, with legal practice tips for publishers and litigants (and those representing them), along with carefully selected readings for further study. We’re recommended by Citizens Advice Bureau and Netsafe.
Starting with the basics, we outline the core issues:
- the standard and burden of proof,
- the elements of a claim,
- the defences and remedies available,
- the sources of law,
- and related torts.
Our FAQs answer the most searched questions.
Digging deeper, we address the elements of a claim:
- what amounts to publication,
- identification of the plaintiff,
- the arcane world of meaning,
- and harm – a growing area.
We then detail the principal defences to defamation:
- truth,
- the defence of honest opinion,
- privilege – in all its many varieties,
- and the new defence of RPIC – Responsible Public Interest Communication.
We also canvass other defences that may be available to those accused of defamation.
Remedies follow. Starting with damages, we outline the considerations on which an award is based, and we provide a schedule of previous awards.
We then set out the key other remedies: declarations, corrections, apologies and injunctions.
Finally, we address the costs regime, and set out the case procedure of a defamation proceeding.