Durie v. Gardiner
Case Law- Country
- Country Location
Latitude: -43.881595214603664
Longitude: 170.6215655625538
- Country Location (linked Case Law)
- New Zealand
- Decision Date
- Jul 31, 2018
- Case Status
- Closed
- Case Outcome (Procedural)
- Remanded for Decision in Accordance with Ruling
- Case Outcome (Disposition)
- Law or Action Upheld
- Keywords
- Public Interest
- Public Officials
- Publications
- Judicial Body
- Appellate Court
- Case Number
- [2018] NZCA 278
- Case Summary
A New Zealand Appeals Court created a new defence of responsible communication on a matter public interest to replace the former qualified privilege defense. A retired High Court judge and his lawyer wife, both prominent public figures in the Māori Council, brought the case in response to defamatory news reports about his wife’s law firm and alleged conflicts of interests with the Council. Māori TV claimed the statements were protected by qualified privilege and were neutral reportage on matters of public interest. In light of new challenges brought on by the digital age, the Court found that the standard defense of qualified privilege, which was limited to parliamentarians and political issues, was outdated and insufficient to address the claims. Citing recently established standards in the U.K. and Canada, the Court created a new public interest defense available to anyone who publishes material in any medium in-so-far as it is in the public interest and meets a responsibility requirement.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression