Don Brash v Matthew Hooton defamation case: High Court hears Brash wants ‘unreserved apology’

Don Brash has sued Matthew Hooton (inset) for defamation. Photos / Michael Craig, Dean Purcell

A defamation claim by Don Brash against Matthew Hooton could still go to trial.

Lawyers for Brash, the former National Party and Act Party leader, today claimed political commentator Hooton made seriously insulting comments about Brash on a podcast last year.

And at the High Court in Auckland today, Brash’s counsel argued an apology Hooton previously offered was not good enough.

But Hooton’s counsel Brian Dickey argued for the matter to be struck out.

Hooton made the remarks in question during a roughly four-minute monologue on The Working Group politics podcast.

Brash has said Hooton’s comments suggested he was dishonest, lacking in integrity and corrupt.

But Dickey told Associate Judge Grant Brittain, KC, that the remarks were not as offensive as suggested and Hooton had already apologised.

The court heard any rewards in the case would be nominal, not substantial.

Dickey said at one point Brash seemed to suggest “iwi” were paying Hooton, which was totally unfounded.

Brash’s views on the Treaty of Waitangi and race relations were largely what Hooton’s monologue was about.

Specialist defamation lawyers Peter McKnight and Ali Romanos appeared for Brash.

Romanos said the remarks were serious because Hooton was not “some random person on Reddit” but an established figure with gravitas.

Romanos said Brash wanted an unreserved apology from Hooton.

He said some 3500 people might have heard the initial podcast monologue, which was later circulated to more people on social media.

McKnight said it was not right to strike out a case with “very serious matters alleged”.

He argued the case should go to trial.

McKnight asked for today’s strike-out application to be dismissed and costs awarded.

Associate Judge Brittain reserved his decision but indicated a judgment on the strike-out application would likely be made in about a fortnight.

Hooton was not in the courtroom today.

Brash was, but he declined to comment afterwards.

Brash, apart from also being a former Reserve Bank Governor, leads the Hobson’s Pledge lobby group.

Hooton is a columnist for the NZ Herald and has worked in political and corporate communications and strategy for clients including the National Party.

John Weekes is a business journalist covering aviation and court. He has previously covered consumer affairs, crime, politics and court.