Awa v Independent News Auckland Ltd - [1997] 3 NZLR 590

Defamation — Defences — Fair comment — Newspaper article accusing appellant of “body snatching” — Appellant and others taking body of deceased to their marae and thence for burial against wishes of widow and immediate family — Whether words “body snatching” were fair comment — Whether opinion that body had been taken wrongly or without justification or that appellant had acted wrongly towards widow could possibly be held by fair-minded person.

Defamation — Defences — Justification — Newspaper article accusing appellant of “body snatching” — Appellant and others taking body of deceased to their marae and thence for burial against wishes of widow and immediate family — Whether words “body snatching” were fair comment — Whether opinion that body had been taken wrongly or without justification or that appellant had acted wrongly towards widow could possibly be held by fair-minded person — Observations as to whether defence available.

Legal aid — Civil proceedings — Costs against legally-aided third party — Whether “exceptional circumstances” justifying award of costs — Legal Services Act 1991, s 86(2).