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Typus
KomplettPlagiat
Bearbeiter
Graf Isolan, Singulus
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 109, Zeilen: 1-22, 101-102
Quelle: Griffith 2007
Seite(n): 63-64, Zeilen: 9-27;1-4
[TVNZ pleaded truth and fair comment and mitigation of damages on the basis of the plaintiff’s reputation as a politician and] sought to refer to speeches in the House by the plaintiff and other Ministers. The Privy Council struck out the evidence TVNZ was seeking to rely on, holding that to impugn, or even simply to inquire into, a Member’s motives is to ‘impeach’ or ‘question’ and is prohibited. It made no difference that the plaintiff in the case was an MP. On the other hand, Hansard could be used to prove what Prebble had said in the House on certain days, or that the State-Owned Enterprises Act 1986 (which facilitated the sale of state assets) had passed the House and received the Royal Assent.

The second is Peters v. Cushing330 where the defamatory statement at issue was first made outside Parliament and only later confirmed in a parliamentary context. The question, therefore, was whether parliamentary proceedings could be used to establish a cause of action in defamation where the extra-parliamentary confirmation preceded the parliamentary publication? This evidence was ruled to be inadmissible, with Grieg J stating that the parliamentary statement was ‘not to be admitted merely to prove what had occurred in Parliament but to support, indeed found the cause of action against Mr Peters’. 331 Commenting on the case, the Privy Council said:

In Peters v. Cushing…the defendant defamed the plaintiff, but without naming or identifying him, in television interviews broadcast on 1 and 3 June 1992. His remarks excited considerable public interest and on 10 June 1992 he named the plaintiff in the House of Representatives. For his first cause of action based on these defamatory remarks the plaintiff could not succeed without relying [sought to refer to speeches in the House by the plaintiff and other Ministers.]


330 [1999] NZAR 241.

331 [1999] NZAR 241 p. 255.

TVNZ pleaded truth and fair comment and mitigation of damages on the basis of the plaintiff’s reputation as a politician and sought to refer to speeches in the House by the plaintiff and other Ministers. The Privy Council struck out the evidence TVNZ was seeking to rely on, holding that to impugn, or even simply to inquire into, a Member’s motives is to ‘impeach’ or ‘question’ and is prohibited. It made no difference that the plaintiff in the case was an MP. On the other hand, Hansard could be used to prove what Prebble had said in the House on certain days, or that the State-Owned Enterprises Act 1986 (which facilitated the sale of state assets) had passed the House and received the Royal Assent.

In the first cause of action in Peters v Cushing230 the defamatory statement at issue was first made outside Parliament and only later confirmed in a parliamentary context. The question, therefore, was whether parliamentary proceedings could be used to establish a cause of action in defamation where the extra-parliamentary confirmation preceded the parliamentary publication? This evidence was ruled to be inadmissible, with Grieg J stating that the parliamentary statement was ‘not to be admitted merely to prove what had occurred in Parliament but to support, indeed found the cause of action against Mr Peters’.231 Commenting on the case, the Privy Council said:

In Peters v Cushing…the defendant defamed the plaintiff, but without naming or identifying him, in television interviews broadcast on 1 and 3 June 1992. His

[S. 64]

remarks excited considerable public interest and on 10 June 1992 he named the plaintiff in the House of Representatives. For his first cause of action based on these defamatory remarks the plaintiff could not succeed without relying [...]

230 [1999] NZAR 241.

231 [1999] NZAR 241 at 255.

Anmerkungen

Kein Hinweis auf eine Übernahme.

Sichter
(Graf Isolan, Singulus), WiseWoman

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