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Defamation Act 1992

Defences - Absolute privilege

14: Absolute privilege in relation to judicial proceedings and other legal matters

You could also call this:

"Saying things in court or to a lawyer is protected by law"

Illustration for Defamation Act 1992

You are protected when you say or do something in a court or tribunal. This is because you have something called absolute privilege. It means you cannot be sued for what you say or do. You also have absolute privilege when you talk to a lawyer to get advice. This means what you tell your lawyer is protected. It also applies when your lawyer talks to another lawyer to help you. Anything said or done by a judge, a party, or a witness in a court or tribunal is protected by absolute privilege. This protection applies to things said or done during the proceedings. It helps people feel safe when they are in court or talking to a lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM281225.

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13: Absolute privilege in relation to proceedings in Parliament, or

"You're safe to talk about what happens in Parliament without being sued."

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15: Other rules of law relating to absolute privilege not affected, or

"These laws don't change other rules about absolute privilege."

Part 2Defences
Absolute privilege

14Absolute privilege in relation to judicial proceedings and other legal matters

  1. Subject to any provision to the contrary in any other enactment, in any proceedings before—

  2. a tribunal or authority that is established by or pursuant to any enactment and that has power to compel the attendance of witnesses; or
    1. a tribunal or authority that has a duty to act judicially,—
        1. anything said, written, or done in those proceedings by a member of the tribunal or authority, or by a party, representative, or witness, is protected by absolute privilege.

      1. A communication between any person (in this subsection referred to as the client) and a barrister or a solicitor for the purpose of enabling the client to seek or obtain legal advice, and a communication between that solicitor and any barrister for the purpose of enabling legal advice to be provided to the client, are protected by absolute privilege.