Awa v Independent News Auckland Ltd

From WikiProjectMed
Jump to navigation Jump to search

Awa v Independent News Auckland Ltd
CourtCourt of Appeal of New Zealand
Full case nameAwa v Independent News Auckland Ltd
Decided31 July 1997
Citation[1997] 3 NZLR 590
Court membership
Judges sittingRichardson P, Gault J, Thomas J, Keith J, Blanchard J
Keywords
negligence

Awa v Independent News Auckland Ltd [1997] 3 NZLR 590 is a cited case in New Zealand regarding the defence of fair comment / honest opinion to a claim involving defamation [1]

Background

In the aftermath of the death of comedian Billy T. James, his uncle Awa took his body away from his Pakeha wife, in order to give him a customary Māori burial at his ancestral marae.

Auckland's Sunday News newspaper covered it with a quote referring to Awa as "Billy's 'body snatching' uncle".

Awa subsequently sued for defamation, which the newspaper claimed was "fair comment".

Held

The Court held it was fair comment.

References

  1. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.