[1] Joe Atkinson, a political columnist, wrote an article critical of former prime minister David Lange and the 4th Labour Government which was published in the October 1995 issue of North & South magazine.

[2] Lange found the article defamatory, and sued Atkinson, and the magazine's publisher ACP for defamation, upon which they filed a defence of qualified privilege.

The Court of Appeal's final hearing in Lange v Atkinson (No.

2) remains the leading case on the law of qualified privilege in New Zealand and affirmed that qualified privilege extends to publications concerning the conduct of publicly elected officeholders and those seeking such office.

Besides featuring in NZ case law for defamation, David Lange also featured in Australian defamation case law in Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; 145 ALR 96 (HCA).