The Supreme Court has recently confirmed that people who provide information to the New Zealand Law Society about a lawyer’s character are fully protected from defamation claims.

This is an important decision for anyone involved in the legal profession’s admission process.

The case

In Jindal v Daruwalla [2025] NZSC 98, a lawyer-to-be applied for admission to the bar. Before admission, the New Zealand Law Society must be satisfied that an applicant is a “fit and proper person.”

A former business associate raised concerns about the applicant’s character in emails to the Law Society. The applicant’s admission was delayed, and he later sued for defamation, claiming the statements were false and damaging.

The courts all the way up to the Supreme Court agreed on one point: those emails could not give rise to a defamation claim because they were made on an occasion of absolute privilege.

What is absolute privilege?

Absolute privilege is the strongest possible protection in defamation law. It applies in certain settings where society values complete honesty and openness above the risk of reputational harm, for example:

• Statements made in Parliament;
• Statements made in court; and
• Certain processes closely linked to the courts.

In this case, the Supreme Court confirmed that the Law Society’s “fit and proper person” checks fall into this category, following the reasoning of the Court of Appeal.

For context, Section 14 of the Defamation Act 1992 sets out statutory absolute privilege for judicial proceedings. The courts confirmed that the same protection applies at common law to the Law Society’s character certification process.

Why does this matter?

The decision provides certainty for everyone involved in the admission process:

• Free to speak up – People can raise genuine concerns with the Law Society without worrying about being sued.
• Protecting the profession – The courts recognise that maintaining integrity in the legal profession is in the public interest.
• Final word from the top – The Supreme Court’s ruling makes it clear that absolute privilege applies, even if a statement later turns out to be wrong or unkind.

Key points to remember

• Comments made to the Law Society during character checks are absolutely privileged.
• This means a defamation claim cannot succeed, no matter how the comment is phrased.
• The decision strengthens the Law Society’s role in ensuring only “fit and proper” candidates are admitted to practise law.

In short: If you’re asked by the Law Society to comment on someone’s suitability for admission, you can do so openly and honestly, knowing the law gives you full protection.

Disclaimer: Anthony Harper, together with Daniel McLellan KC and Sam Coad, acted for Mr Darawalla.

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