New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Publication liability

  • 3 Apr 2020

    STRINGER v CRAIG NO 3 [2020] NZHC 644

    Citation
    [2020] NZHC 644
    Court
    High Court

    Plaintiff's claims dismissed: the Craigs' booklet and press conference statements were lawful responses to plaintiff's sustained attacks and leaks and attracted qualified privilege; nearly all challenged factual imputations were true or not materially different from the truth and opinions were honestly held; Taylor's moderation amounted to participation in publication but he enjoys the same defences; party officials' member updates were privileged under duty to publish; privilege was not defeated by improper purpose except the single corruption imputation for which truth was not established b…

  • 9 Nov 2010

    LEE V THE NEW KOREA HERALD LIMITED AND ORS HC AK CIV 2008-404-5072

    Citation
    openlaw-2f8a4033_dbfc_488d_b5fc_0c5986ba4d0b.pdf
    Court
    High Court

    The articles were defamatory and the defendants failed to establish available statutory defences: truth was not proved, honest opinion failed because the factual basis was false, qualified privilege was rebutted by ill-will or reckless indifference to truth, and innocent dissemination was not established by the director. The director was sufficiently connected to publication to be jointly liable. Damages of NZD 250,000 were awarded (compensatory only), a permanent injunction ordered to remove the articles and links from the website (including archival hyperlinks), and costs awarded to the pla…