Defamation Act 1992

Schedule 1
Publications protected by qualified privilege

ss 16, 17, 18, 19

Part 1
Publications not subject to restrictions in section 18

1

  • Any delayed broadcast, by any broadcaster, of proceedings in the House of Representatives.

2

  • The publication of a fair and accurate report of proceedings in the House of Representatives or in any Committee of the House of Representatives.

3

  • The publication of a fair and accurate extract from, or summary of, any document or record to which section 13(3)(a) or (c) applies.

4

  • Subject to any provision to the contrary in any other enactment, the publication, in any proceedings before a tribunal or authority established by or pursuant to any enactment (other than proceedings to which section 14(1) applies), of any matter by a member of the tribunal or authority, or by a party, representative, or witness in those proceedings.

5

  • The publication of a fair and accurate report of the pleadings of the parties in any proceedings before any court in New Zealand, at any time after,—

    • (a) in the case of proceedings before the High Court, a praecipe has been filed in those proceedings:

    • (b) in the case of proceedings before a District Court, the filing of an application for a fixture for the hearing of those proceedings.

6

  • The publication of a fair and accurate report of the proceedings of any court in New Zealand (whether those proceedings are preliminary, interlocutory, or final, and whether in open court or not), or of the result of those proceedings.

7

  • The publication of a fair and accurate translation of words from one language to another, where the publication—

    • (a) is by the person who made the translation; and

    • (b) is by that person in his or her capacity as translator of those words.

Part 2
Publications subject to restrictions in section 18

1

  • A fair and accurate report of the proceedings of a legislature of a territory outside New Zealand or of a committee of any such legislature.

2

  • A fair and accurate report of the proceedings of a court outside New Zealand (whether those proceedings are preliminary, interlocutory, or final, and whether in open court or not), or of the result of those proceedings.

3

  • A fair and accurate report of the proceedings in an inquiry held under the authority of—

    • (a) the Government or Parliament of New Zealand; or

    • (b) the Government or legislature of a territory outside New Zealand,—

    or a true copy of, or a fair and accurate extract from or summary of, any official report made by the person by whom the inquiry was held.

4

  • A fair and accurate report of the proceedings of—

    • (a) an international organisation of—

      • (i) countries or representatives of countries; or

      • (ii) legislatures or representatives of legislatures; or

      • (iii) governments or representatives of governments; or

    • (b) an international conference at which governments of any countries are represented.

5

  • A fair and accurate report of the proceedings at a meeting or sitting in any part of New Zealand of—

    • (a) a local authority or committee of a local authority or local authorities; or

    • (b) a person or body appointed or constituted by or under, and exercising functions under, any Act (not being a court or a person holding an inquiry to which clause 3 of this Part of this Schedule applies),—

    not being proceedings from which the public or members of the news media or both were excluded.

6

  • A fair and accurate report of the proceedings, or of the result of the proceedings, in an inquiry held in accordance with the rules of an association formed for the purpose of—

    • (a) promoting or safeguarding the interests of any game, sport, or pastime to the playing or exercise of which members of the public are invited or admitted; or

    • (b) promoting or safeguarding the interests of any trade, business, industry, or profession, or of the persons carrying on or engaged in any trade, business, industry, or profession; or

    • (c) promoting or encouraging the exercise of, or an interest in, any art, science, religion, or learning,—

    being an inquiry relating to a person who is a member of the association, or is subject by virtue of a contract to the control of the association.

7

  • A fair and accurate report of the proceedings, or of the result of the proceedings, in an inquiry held in accordance with the rules of any association formed for the purpose of promoting and safeguarding the standards of the New Zealand press.

8

  • A fair and accurate report of the proceedings at a meeting held in New Zealand that—

    • (a) is bona fide and lawfully held for a lawful purpose and for the furtherance or discussion of any matter of public concern; and

    • (b) is open to the public, whether with or without restriction.

9(1)

  • A fair and accurate report of—

    • (a) the proceedings at a general meeting of a body to which this clause applies (not being a meeting from which the public or members of the news media or both were excluded):

    • (b) a report or other document circulated to shareholders or members by the board of directors or other governing body of a body to which this clause applies (not being a report or document circulated on a confidential basis):

    • (c) a document circulated to shareholders or members by an auditor of a body to which this clause applies (not being a document circulated on a confidential basis).

    (2) This clause applies to—

    • (a) any company or association constituted or registered under any Act:

    • (c) any other body corporate operating in New Zealand,—

    but does not apply to any private company within the meaning of the Companies Act 1955.

10

  • A fair and accurate report of the proceedings at a press conference given by or on behalf of any body or person (being a body or person in respect of whose proceedings the publication of any fair and accurate report is, by virtue of section 16(2), protected by qualified privilege).

11

  • A fair and accurate report of a publication issued under the authority of a government or legislature of a foreign state.

12

  • A fair and accurate copy of or extract from a register that is kept in pursuance of any Act and that is open to inspection by the public, or of any other document that is required by the law of New Zealand to be open to inspection by the public.

13

  • A notice or advertisement published by or under the authority of a court, whether within or outside New Zealand, or a Judge or officer of any court.

14

  • A notice or advertisement published for the purpose of complying with a New Zealand Act; but not including a notice of an application to a court or tribunal, or to any other statutory office or statutory body, unless the application has been filed before the publication of the notice.

15

  • A copy or a fair and accurate report or summary of a statement, notice, or other matter issued for the information of the public by or on behalf of the Government or any department or departmental officer, or any local authority or officer of the authority.

Part 3
Interpretation

In this Schedule, unless the context otherwise requires,—

court includes the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between states; and also includes the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007

government, in relation to a territory outside New Zealand that is subject to a central and a local government, means either of those governments

legislature, in relation to a territory outside New Zealand that is subject to a central and a local legislature, means either of those legislatures

local authority means a local body or public body named or specified in Schedule 1 or Schedule 2 of the Local Government Official Information and Meetings Act 1987.

  • Schedule 1 Part 3 court: amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).