New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Privilege (absolute and qualified)

Legal area

Court

25 Sept 2017

FRANCISC CATALIN DELIU v THE NATIONAL STANDARDS COMMITTEE AND THE AUCKLAND STANDARDS COMMITTEE NO. 1 OF THE NZ LAW SOCIETY [2017] NZHC 2318

Citation

[2017] NZHC 2318
Court

High Court

Freedom of expression did not protect repetitive, intemperate and unfounded allegations against judges that undermined public confidence; the appellant's conduct occurred while providing regulated services under s7(1)(a) or work connected to such services; no absolute or qualified privilege applied to defeat disciplinary charges; judicial criticisms could be admitted under s239 for weight assessment; evidence sufficed on balance of probabilities; 15 months' suspension and specified costs were a proportionate response and within statutory powers.
19 Mar 2015

NR v MR CA532/2014 [2015] NZCA 81

Citation

[2015] NZCA 81
Court

Court of Appeal

Leave to appeal was refused because the High Court correctly and afresh concluded the second amended statement of claim disclosed no reasonable cause of action, the pleaded causes were untenable or barred (absolute or qualified privilege, abuse of process, statutory defences under the Prostitution Reform Act, failure to mitigate), there was no appearance or actuality of bias, and no issue of sufficient public or private importance justified further appeal.