TVNZ board member Linda Clark is also a lawyer and partner at Dentons. Photo / Q+A
TVNZ board member Linda Clark is also a lawyer and partner at Dentons. Photo / Q+A
Lawyer Linda Clark will take temporary leave as a TVNZ board director, as she represents former deputy police commissioner Jevon McSkimming,including in a legal injunction involving news media companies.
TVNZ’s board had “complete confidence in Linda’s professional judgment and capabilities” but a “potential for a conflict” existed between thetwo responsibilities, TVNZ chairman Alastair Carruthers said today.
Initially, news media companies could not report that the injunction existed - a non-publication order that is sometimes referred to as a “super injunction”.
The injunction was granted on Friday as Clark sought an urgent High Court order to prevent publication of the nature of the allegedly objectionable material found on McSkimming’s work computer, which ultimately led to his resignation.
McSkimming had been suspended on full pay since December while under a separate criminal investigation - the nature of which also cannot be reported currently for legal reasons - following a complaint by a member of the public.
NZ Herald publisher NZME, Stuff and RNZ are all opposing the injunction that was granted on Friday.
TVNZ is not a party, but it may join the legal case at some stage.
Regardless, like all news media companies, it is covered by the rules of the injunction.
“Linda is entitled to represent clients in her capacity as a partner at Dentons,” Carruthers said in a statement to Media Insider.
“As with any directorship, conflicts or perceived conflicts need to be managed when they arise and Linda has been scrupulous in her disclosures while maintaining client confidentiality.
“In this instance, there is no current conflict but the potential for a conflict exists.
“TVNZ’s directors are focused on the governance of the business and are not involved in newsroom decision-making. TVNZ’s editorial independence is protected.
“As above, the board isn’t involved in these decisions. To protect Linda’s independence to act for her client, and also TVNZ’s potential interest in the matter, Linda will take temporary leave from the board while this unfolds.”
“Our newsroom will make an editorial determination on whether to join the legal action in due course.”
Injunction hearing
As NZ Herald senior journalist Jared Savage reported yesterday, Clark filed an urgent application in the High Court on Friday, seeking an injunction to stop the media from publishing further details about the material allegedly found on McSkimming’s electronic devices.
The application was granted on an interim basis by Justice Karen Grau. It was not opposed by lawyers for the police.
NZME, RNZ and Stuff are all opposing the injunction and are jointly represented by Robert Stewart, KC.
On Monday, at a High Court teleconference hearing, Clark no longer sought the super injunction to remain in place.
But the injunction to stop publication of the nature of the alleged objectionable material remains in place for now.
Former Deputy Police Commissioner Jevon McSkimming. Photo / Mark Mitchell
The arguments for and against publication of those details will be heard at a future High Court hearing.
McSkimming, 51, had previously indicated he planned to return to his duties once the criminal investigation was concluded, but resigned suddenly this month after being confronted with new allegations.
Linda Clark’s editorial background
Linda Clark, then and now: As TVNZ political editor (left) and now as Dentons partner. Photos / TVNZ
Linda Clark is a former journalist, including a high-profile stint as political editor for TVNZ.
She left journalism in 2006 to study law, surprising many of her colleagues.
In a Listener article, she said her departure from the industry was somewhat prompted by the unceremonious dumping of TVNZ newsreader Judy Bailey: “The media eats its own unless you happen to be smart enough to sidestep into management where you are the one doing the eating. And I have no appetite for either end of the equation.”
She is now an equally high-flying lawyer, a partner at Dentons, who has represented various well-known clients on a range of matters – including helping negotiate Duncan Garner‘s contract for the AM television show; Clarke Gayford in a defamation case against NZME radio station Kick; defending Rachel MacGregor in a defamation action brought by Colin Craig; and a woman who accused members of the Chiefs rugby squad of inappropriate touching and behaviour at an end-of-year function.
She also represented one of five summer legal clerks in the case against a Russell McVeagh partner who was found guilty of sexual misconduct and suspended.
In 2023, she was on the independent panel reviewing RNZ’s editorial processes in the wake of the journalist who allegedly added pro-Kremlin content to Russia-Ukraine war stories, and she also reviewed the Gore District Council following the fallout between the mayor and chief executive and various councillors.
She’s also been on the NZ on Air board and started in July 2023 as a board member with TVNZ, the organisation where she made her name as a broadcaster.
- Additional reporting Jared Savage
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.
