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Low Volume Vehicle Technical Association Inc v Brett - [2019] 2 NZLR 808


Court of Appeal Wellington
CA725/2017; [2019] NZCA 67
20 September 2018; 26 March 2019
Kós P, Clifford and Williams JJ
Defamation — Qualified privilege — Application to allegations against bodies exercising public functions — Requirement to formally plead affirmative defence of qualified privilege and ill will in rebuttal — Relationship to public interest defence — Defamation Act 1992, s 41.
New Zealand Bill of Rights Act 1990 — Freedom of expression — Settlement agreement restricting publication of material — Capacity of body with public function to enter contract affecting freedom of expression — Whether contractual restrictions “prescribed by law” — Whether clauses demonstrably justified in a free and democratic society — Clauses preventing publication of material that might be incorrect — Clauses requiring publication of correct material to be accompanied by comments from the other party — New Zealand Bill of Rights Act, ss 3, 5 and 14.

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