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]
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".
The Court held it was fair comment.