New Zealand Legislation: Acts

26 Court may recommend correction

• (1) In any proceedings for defamation, the plaintiff may seek a recommendation from the court that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings, and the court may make such a recommendation.

  (2) Where, in any proceedings for defamation,—

  • (a) the court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and

  • (b) the defendant publishes or causes to be published a correction in accordance with the terms of that recommendation,—

  then—

  • (c) the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the court orders otherwise; and

  • (d) the plaintiff shall be entitled to no other relief or remedy against that defendant in those proceedings; and

  • (e) the proceedings, so far as they relate to that defendant, shall be deemed to be finally determined by virtue of this section.

  (3) Where, in any proceedings for defamation,—

  • (a) the court recommends that the defendant publish or cause to be published a correction of the matter that is the subject of the proceedings; and

  • (b) the defendant fails to publish or cause to be published a correction in accordance with the terms of that recommendation,—

  then, if the court gives final judgment in favour of the plaintiff in those proceedings,—

  • (c) that failure shall be taken into account in the assessment of any damages awarded against the defendant; and

  • (d) the plaintiff shall be awarded solicitor and client costs against the defendant in the proceedings, unless the court orders otherwise.