Negligence is a failure to exercise appropriate care expected to be exercised in similar circumstances.
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 that are falsifiable, and can extend to concepts that are more abstract than reputation – like dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel and slander. It is treated as a civil wrong, as a criminal offence, or both.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
Ian David Francis Callinan AC is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
The system of tort law in Australia is broadly similar to that in other common law countries. However, some divergences in approach have occurred as its independent legal system has developed.
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington.
The High Court of New Zealand is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry.
North & South is a New Zealand monthly national current affairs magazine, specialising in long-form investigative stories and photojournalism. In an eight-page article in 2015, for example, "Long Walk to Justice", staff writer Mike White asked if New Zealand's justice system should establish an independent commission to investigate wrongful convictions. Issues involving justice in New Zealand provide a theme for many of his stories for North & South. The editorial content also includes profiles of New Zealanders, brief stories, essays, opinion, music, film and book reviews, food, and travel.
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 defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion.
Jennings v Buchanan [2004] NZPC 4; [2004] UKPC 36; [2005] 2 NZLR 577; [2005] 1 AC 115 is a cited case in New Zealand regarding defamation and the defence of parliamentary privilege.
Truth (NZ) Ltd v Holloway [1961] NZLR 22 (PC) is a case of the Judicial Committee of the Privy Council on appeal from the Court of Appeal of New Zealand regarding the legal issue of defamation and free speech.
Templeton v Jones [1984] 1 NZLR 448 is a cited case in New Zealand regarding defamation and free speech where the Court ruled against the claims of news broadcasters that it had qualified privilege under "fair information on a matter of public interest" to publish potentially defamatory statements about a Parliamentary candidate's alleged antisemitism. The case was remanded to lower courts to determine if those statements were truthful.
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
Eyre v New Zealand Press Assoc Ltd is a cited case regarding the defamation defence of common law privilege, ie.reporting of statements made by the plaintiff
Vickery v McLean [2006] NZAR 481 is a cited case in New Zealand regarding claims in defamation and the defence of free speech.
Osmose New Zealand Ltd v Wakeling [2007] 1 NZLR 841 is a cited case in New Zealand regarding claims in defamation and the defence of free speech.
Gray v M [1998] 2 NZLR 161 is a cited case in New Zealand regarding the legal defence of absolute privilege of matters raised in judicial proceedings that were subsequently used in defamation claims in tort.
Spring v Guardian Assurance plc[1994] UKHL 7, [1995] 2 AC 296 is a UK labour law and English tort law case, concerning the duty to provide accurate information when writing an employee reference.
