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NZ libel
changes
proposed
WELLINGTON, NZ,
Wednesday (AAP). — A gov
ernment-appointed committee
on defamation called today for
statutory qualified privilege to
provide the New Zealand news
media with what it termed sub
stantial protection they did not
presently enjoy.
It also said in recommendations
issued today that "gagging writs"
or "stop writs" — the issue of a
writ for damages with no intention
of pursuing the matter to trial —
should be deemed to be vexatious
proceedings.
The committee of seven, com
prising legal arid journalistic ex
perts, was established in July,
1975, by the then Labour Minister
for Justice, Dr Finlay.
The report recommended that a
news media defendant should be
able to plead qualified privilege
where he had acted with reason
able care and had offered to pub
lish a statement of explanation or
rebuttal.
The new statutory defence
would give a person who claimed
to have been defamed the right to
have a reasonable statement of
explanation or rebuttal published
in the same medium, with costs
paid. This ensured he had a
positive advantage to gain from
proceeding under the provision.
The committee said it; con
sidered "stop writs" an abuse of
procedure and that it was unethical
conduct for a solicitor to be a party
to them.
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