3.4.3 Qualified privilege

  1. Auckland Council meetings must generally be held in public [1]. Therefore, in order to allow free and frank discussion, oral statements and matters published in meeting agendas and minutes supplied to members of the public are covered by qualified privilege [2].
  2. Qualified privilege is a legal defence to a claim of defamation. Qualified privilege allows certain people in a position of authority or trust to make statements or communicate or publish statements that would otherwise be considered defamatory.
  3. Statements made or matters published will only be protected from liability for defamation as long as they are made in accordance with the relevant standing orders and where [3]:
    • The speaker is not predominately motivated by ill will.
    • The speaker is not otherwise taking improper advantage of the opportunity to have a matter published.



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