Lange v Atkinson 2000:
Analysis
John Burrows |
The 1998 decision of the New Zealand Court of Appeal in Lange v Atkinson resulted in an extension of common law privilege in order to provide greater protection for discussion about Members of Parliament, and was a major advance for the protection of freedom of expression in New Zealand. Although the Court of Appeal has upheld its earlier decision, Professor Burrows concludes that the Court has made significant modifications to that decision, at least as it had been understood. The result, he suggests, is a better balance than was struck by the earlier decision. The downside of the Court's decision is the uncertainty that it creates, but that uncertainty is an inevitable consequence of the common law method. |
Lange v Atkinson:
An Australian Perspective
Michael Gillooly |
The law of defamation has undergone extensive modification in Australia as well as New Zealand, most recently as the result of an action brought by former New Zealand Prime Minister David Lange in Australia. In this article, Michael Gillooly compares the approaches taken by the High Court of Australia and the New Zealand Court of Appeal, and concludes that the decision in Lange v Atkinson brings New Zealand and Australian law closer together. Although the cases establish different frameworks, in each country the degree of responsibility exhibited by the defendant will be a critical factor in determining whether the defence of qualified privilege succeeds or fails. |
Qualified Privilege in New Zealand:
A Natural Progression?
Rosemary Tobin |
In this article, Rosemary Tobin examines the origin and development of the defence of qualified privilege, and considers the extent to which publication to a wider audience was permitted prior to the decision of the New Zealand Court of Appeal in Lange v Atkinson. Although the common law never recognised political discussion as a discrete form of privilege, the importance of criticism of the conduct and motives of public officials has long been acknowledged. Thus, while the decision of the Court of Appeal has liberalised the law of privilege in regard to political discussion, she concludes that this development is consistent with the common law, and should come as no surprise.
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Lange v Atkinson: Not a Case
for Dancing in the Streets
Geoff McLay |
The need to protect political discussion has resulted in a variety of reforms to the law of defamation since the celebrated decision of the United States Supreme Court in New York Times v Sullivan. Geoff McLay argues that although the New Zealand Court of Appeal's decision in Lange v Atkinson is an advance on its earlier decision, in that it establishes the relevance of New Zealand conditions to the development of the common law, the Court gave inadequate consideration to the manner in which constitutional protections interact with the common law.
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Reviews |
Administrative Law: Michael Taggart
Intellectual and Industrial Property: Andrew Brown
Local Government and Resource Management:
Kenneth Palmer
Tort: Stephen Todd
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2000 PART IV
