Defamation proceedings cannot be commenced without concerns notice
11B Defamation proceedings cannot be commenced without concerns notice
(1) An aggrieved person cannot commence defamation proceedings unless:
(a) the person has given the proposed defendant a concerns notice in respect of the matter concerned; and
(b) the imputations to be relied on by the person in the proposed proceedings were particularised in the concerns notice; and
the applicable period for an offer to make amends has elapsed.
Subsection (1)(b) does not prevent reliance on:
(a) some, but not all, of the imputations particularised in a concerns notice; or
(b) imputations that are substantially the same as those particularised in a concerns notice.
(3) The court may grant leave for proceedings to be commenced despite non-compliance with subsection (1)(c), but only if the proposed plaintiff satisfies the court:
(a) the commencement of proceedings after the end of the applicable period for an offer to make amends contravenes the limitation law; or
it is just and reasonable to grant leave.
(4) The commencement of proceedings contravenes the limitation law for the purposes of subsection (3)(a) if the proceedings could not be commenced after the end of the applicable period for an offer to make amends because the court will have ceased to have power to extend the limitation period.
In this section:
limitation law, see section 12(2)(b), Part III, Division 3 and Part V, Division 3 of the Limitation Act 1981.
This Act’s bill:Second reading speech
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