Lange v Atkinson and Australian Consolidated Press NZ Ltd - [1997] 2 NZLR 22

Defamation — Privilege — Qualified privilege — Whether defence of "political expression"available in defamation actions — How to balance the protection of democratic processes as provided for in s 5 of New Zealand Bill of Rights Act 1990 with the protection of individual dignity (including freedom from attacks on honour) as provided by the International Covenant on Civil and Political Rights — Whether s 3 of New Zealand Bill of Rights Act 1990 binding on Court when applying common law — Whether a special immunity exists for the media in defamation cases — Whether Defamation Act 1992 prevents further common law defences being developed — Whether "political expression" is a stand-alone defence or forms part of the defence of qualified privilege — Whether defence available in a claim for declaration under s 24 of Defamation Act 1992 — Scope of defence of political discussion as part of qualified privilege discussed — Meaning of "freedom of expression" in s 14 of New Zealand Bill of Rights Act 1990 — New Zealand Bill of Rights Act 1990, s 3 — Defamation Act 1992, ss 5 and 24.

Civil procedure — Application to strike out part of defence — Novel defence — Whether appropriate to deal with striking out application prior to trial.