Awa v Independent News Auckland Ltd explained

Awa v Independent News Auckland Ltd
Court:Court of Appeal of New Zealand
Date Decided:31 July 1997
Full Name:Awa v Independent News Auckland Ltd
Citations:[1997] 3 NZLR 590
Judges:Richardson P, Gault J, Thomas J, Keith J, Blanchard J
Keywords:negligence

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 [1]

Background

In the aftermath of the death of comedian Billy T. James, his uncle Awa took his body away from his Pakeha wife, in order to give him a customary Māori burial at his ancestral marae.

Auckland's Sunday News newspaper covered it with a quote referring to Awa as "Billy's 'body snatching' uncle".

Awa subsequently sued for defamation, which the newspaper claimed was "fair comment".

Held

The Court held it was fair comment.

Notes and References

  1. Book: Butterworths Student Companion Torts . 4th . McLay . Geoff . LexisNexis . 0-408-71686-X. 2003 .