3.4.3 Qualified privilege
- Auckland Council meetings must generally be held in public . 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 .
- 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.
- 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 :
- 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.