By TONY STICKLEY
Former Prime Minister David Lange is calling a halt to his long-running defamation action against the publishers of North & South.
Mr Lange declined to say yesterday why he had decided to drop his claims against Australian Consolidated Press and political columnist Joe Atkinson after more than five years of costly court action.
Mr Lange took umbrage at a 1995 article by the political scientist criticising his performance in office.
The publishers claimed the comments were legally "privileged" as they referred to a political figure.
The case went from the High Court to the Court of Appeal and then to London, where the Privy Council sent it back for further consideration by the Court of Appeal.
The result was a ruling which extended the scope for criticism of parliamentarians, including those retired or standing for election, as long as the critic could not be shown to be reckless or motivated by malice.
In October, Mr Lange's lawyers returned to the High Court at Auckland seeking leave to file particulars of ill-will and improper advantage to claim that the article was published recklessly.
Justice Noel Anderson reserved his decision, but Mr Lange now appears ready to abandon the action.
The matter has been set down for hearing in the High Court tomorrow, when it is expected that the action will be formally discontinued.
Mr Lange has declined to comment or confirm what he referred to as speculation.
Stephen Mills, who represented ACP with Rhys Harrison, QC, said that no money had been paid to Mr Lange.
The case had been protracted, but that was still considered the "economic course."
"This would have been a really major trial, with probably a fair part of the cabinet of the fourth Labour Government called as witnesses for North & South and Joe Atkinson," he said.
Dr Atkinson said he was pleased the matter was over and that there had been a slight but significant increase in freedom of political speech.
While he had been somewhat of a spectator during the court hearings, he was pleased that he had precipitated this effect.
ACP had paid all his legal expenses, but there had been a personal cost.
"If one thinks about a defamation case, it is not just David Lange's reputation which is on the line but mine as well."
North & South editor Robyn Langwell declined to comment, saying the case was still before the courts until tomorrow.
Media law specialist Professor John Burrows said the case was significant because it gave the New Zealand media more freedom to comment on and criticise politicians.
The Appeal Court decision brought New Zealand law into line with British and Australian law.
"We're still quite a long way from the American situation where criticism of any public figure is fine unless it's malicious."
Blow by blow:
* October 1995: Joe Atkinson's column in North & South criticises Mr Lange's performance.
* September 1996: At a pre-trial hearing in the High Court, Mr Lange seeks to have defence of political expression thrown out.
* February 1997: Justice Sian Elias rules political expression is a defence against defamation.
* November 1997: Court of Appeal hearing begins.
* May 1998: Court of Appeal rules political discussion is protected by qualified privilege.
* June 1999: Mr Lange takes his case to the Privy Council.
* October 1999: Privy Council rules the Court of Appeal should reconsider its ruling.
* February 2000: Court of Appeal case begins.
* June 2000: Court of Appeal upholds its original decision but puts more stringent limitations on how a qualified privilege defence can be used by political columnists and media.
Lange abandons long-running defamation case
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