New Zealand Legislation: Acts

18 Restrictions on qualified privilege in relation to Part 2 of Schedule 1

• (1) Nothing in section 16(2) of this Act protects the publication of a report or other matter specified in Part 2 of Schedule 1 to this Act unless, at the time of that publication, the report or matter is a matter of public interest in any place in which that publication occurs.

  (2) In any proceedings for defamation in respect of the publication in any newspaper, or as part of a programme or service provided by a broadcaster, of a report or other matter specified in Part 2 of Schedule 1 to this Act, a defence of qualified privilege under section 16(2) of this Act shall fail if the plaintiff alleges and proves—

  • (a) That the plaintiff requested the defendant to publish, in the manner in which the original publication was made, a reasonable letter or statement by way of explanation or contradiction; and

  • (b) That the defendant has refused or failed to comply with that request, or has complied with that request in a manner that, having regard to all the circumstances, is not adequate or not reasonable.

  Compare: 1954 No 46 s 17(2), (3)(b)