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Low Volume Vehicle Technical Association Incorporated v Brett - [2018] 2 NZLR 587

$30.00

High Court Wellington
CIV-2015-404-001925; [2017] NZHC 2846
31 July, 1 August; 20 November 2017
Palmer J
Defamation — Meaning — Pleading — Honest opinion — Absolute privilege — Repeating affidavits — Where unincorporated societies able to bring defamation proceedings — Public functions — Qualified privilege applies to allegations against body but not its employees — Freedom of expression — Settlement deeds — Remedies — New Zealand Bill of Rights Act 1990, ss 3, 5 and 19.
New Zealand Bill of Rights Act 1990 — Freedom of Expression — Settlement agreement restricting publication of material — Capacity of body with public function to enter into contract affecting freedom of expression — Clauses preventing publication of material that might be incorrect, perceived to be defamatory or not accompanied by relevant material — Clauses not justified in a democratic society — Clauses otherwise illegal — New Zealand Bill of Rights Act 1990, ss 3, 5 and 19.

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