Lange V Atkinson
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''Lange v Atkinson''
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2 NZLR 22 (HC),
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3 NZLR 385 is a cited case in New Zealand regarding
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
claims in
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
.


Background

Joe Atkinson, a political columnist, wrote an article critical of former prime minister
David Lange David Russell Lange ( ; 4 August 1942 – 13 August 2005) was a New Zealand politician who served as the 32nd prime minister of New Zealand from 1984 to 1989. A member of the New Zealand Labour Party, Lange was also the Minister of Education ...
and the 4th Labour Government which was published in the October 1995 issue of ''North & South'' magazine. Lange found the article defamatory, and sued Atkinson, and the magazine's publisher ACP for defamation, upon which they filed a defence of
qualified privilege The defence of qualified privilege permits a person in a position of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. New Zealand and Canada In New Zealand a ...
. Lange spent the next 4 years trying to get their defence struck out. The
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
's final hearing in Lange v Atkinson (No. 2) remains the leading case on the law of qualified privilege in New Zealand and affirmed that qualified privilege extends to publications concerning the conduct of publicly elected officeholders and those seeking such office.


See also

Besides featuring in NZ case law for defamation, David Lange also featured in Australian defamation case law in ''
Lange v Australian Broadcasting Corporation ''Lange v Australian Broadcasting Corporation''. is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution, but found that it did not necessarily provide a defenc ...
'' (1997) 189 CLR 520; 145 ALR 96 (HCA).


References

{{reflist Judicial Committee of the Privy Council cases on appeal from New Zealand New Zealand tort case law 2000 in New Zealand law 2000 in case law