Radio New Zealand - Te Reo Irirangi o Aotearoa

Precedent set for public servants by Supreme Court ruling

Updated at 8:02 am on 17 September 2011

Canterbury University associate law professor Ursula Cheer says a ruling by the Supreme Court sets a precedent for all public servants.

The Supreme Court has ruled they are not protected from claims of defamation when helping Cabinet ministers answer Parliamentary questions.

The Supreme Court has dimissed a Crown appeal to prevent a woman from suing the Ministry of the Environment for defamation.

The Crown argued that the comments were covered by absolute privilege, as they were in a briefing to the minister for use in Parliament.

But the Supreme Court ruled the manager who assembled the briefing was covered only by qualified privilege - meaning he would not have immunity if it was proven the comments were motivated by ill will.

Ms Cheer says this could be seen as the Supreme Court keeping close control on the confines of absolute privilege.

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