Awa v Independent News Auckland Ltd
Appearance
Awa v Independent News Auckland Ltd | |
---|---|
Court | Court of Appeal of New Zealand |
Full case name | Awa v Independent News Auckland Ltd |
Decided | 31 July 1997 |
Citation | [1997] 3 NZLR 590 |
Court membership | |
Judges sitting | Richardson 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
[edit]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
[edit]The Court held it was fair comment.
References
[edit]- ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.