The Law of Defamation in New Zealand

Abstract

W HATEVER opinions may be voiced about the future of the British Commonwealth (or, to satisfy the questionings of some of its emergent members, the Commonwealth, simpliciter), New Zealand as one of its foundation members remains, to quote a popular phrase, British than Britain. So far as its legal system is concerned this statement is undoubtedly true; although, to avoid wounding the susceptibilities of the Scots, it is preferable to say, this context, that New Zealand is more English than England. True to the principle enunciated by Blackstone,' the early migrants to New Zealand carried with them such of the English laws then force as were applicable to their own situation and the condition of the infant colony. The pattern of the New Zealand legal system was, at that time, English. So it has continued until the present day. No law library worthy of the name lacks Halsbury's Laws of England and probably, Halsbury's Statutes also. The English Reports, their 176 volumes, and the reports published by the Incorporated Council for Law Reporting England are prominent on the library shelves and on the tables at the Bar. The New Zealand Law Reports for 1963 show that of the cases cited the Supreme Court and the Court of Appeal during the period covered by that volume, nearly 700 were cases decided the English courts as against 336 decided the New Zealand courts. It is recorded regretfully that the same volume of reports shows that only seven cases from the Canadian courts were cited. Thus New Zealand, general, follows English law. This statement is well illustrated by the law of defamation. Gatley on Libel and Slander is recognized as the leading text-book on the subject. The English Defamation Act 1952 was largely followed the New Zealand Defamation Act 1954. Such leading authorities as Stuart v. Bell2 are as familiar the New Zealand courts as they are England. Largely, therefore, the law of defamation New Zealand is a counterpart of the law on that subject England. The New Zealand authorities do, however, illustrate the application of that law an antipodean setting. In one important matter however, the law of New Zealand differs from the law of England. In New Zealand, so far as the civil law is concerned, libel and slander have, effect, been assimilated. Section 4 of the Defamation Act 1954 enacts that in any action for defamation (whether libel or slander), it shall not be necessary to allege or prove special damage. When the English Committee on the Law of Defamation3 (the Porter *Dean of the Faculty of Law, The University of Auckland, Auckland, New Zealand. ICommentaries, vol. I, p. 107. 211891] 2 Q.B. 341. a(1948) Cmd. 7536.