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Local Government Official Information and Meetings Act 1987

Local authority meetings

52: Defamatory matter in copy of agenda or additional particulars supplied to public or in minutes of meeting

You could also call this:

"Protection for local authorities from being sued for saying something bad about someone in public meeting documents"

Illustration for Local Government Official Information and Meetings Act 1987

If you go to a public meeting of a local authority, they might give you a copy of the agenda or some extra information about what will be discussed. They also make the minutes of the meeting available to the public. If something in the agenda, extra information, or minutes is defamatory, the person who published it is protected unless you can prove they were mainly motivated by ill will towards you or took improper advantage of the situation. This protection is part of the law, which was amended by the Defamation Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123606.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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"Telling the public about decisions made at special council meetings"

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53: Oral statements at local authority meetings privileged, or

"You can't be sued for what you say at a local council meeting, unless you said it to be mean or take advantage."

Part 7Local authority meetings

52Defamatory matter in copy of agenda or additional particulars supplied to public or in minutes of meeting

  1. Where a meeting of any local authority is open to the public during the proceedings or any part thereof, and—

  2. there is supplied to a member of the public a copy of the agenda for the meeting with or without further statements or particulars for the purpose of indicating the nature of any item included in the agenda; or
    1. the minutes of that meeting or part are produced for inspection by any member of the public or a copy thereof is given to any member of the public,—
        1. the publication thereby of any defamatory matter included in the agenda or in the further statements or particulars or in the minutes shall be privileged unless, in any proceedings for defamation in respect of that publication, the plaintiff proves that, in publishing the matter, the defendant was predominantly motivated by ill will towards the plaintiff, or otherwise took improper advantage of the occasion of publication.

      Compare
      • 1962 No 113 s 8
      • 1975 No 125 s 7
      Notes
      • Section 52: amended, on , by section 56(1) of the Defamation Act 1992 (1992 No 105).