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Home / New Zealand

Wintec defends spending six figures fighting media organisation

By Nikki Preston
NZ Herald·
30 Nov, 2017 04:00 PM3 mins to read

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The Wintec Council has full confidence in Wintec CEO Mark Flowers, pictured, says Wintec Council chairman Barry Harris. Photo / File

The Wintec Council has full confidence in Wintec CEO Mark Flowers, pictured, says Wintec Council chairman Barry Harris. Photo / File

A large Waikato tertiary education institute is defending spending almost $175,000 fighting a media organisation publishing stories about it and its staff, including its chief executive.

The $174,212 spend in the past two years on lawyers to address requests from a media organisation was necessary to ensure its reputation and that of its people are protected, Wintec Council chairman Barry Harris says.

The large spend, provided to the Herald under the Official Information Act, also makes up almost a third of Wintec's entire legal spending of $590,646 during 2016 and September 2017.

Wintec, also known as Waikato Institute of Technology, employs 950 staff and has 20,000 students. It hired law firms Bell Gully and Norris Ward McKinnon to prevent Fairfax running stories about it.

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Harris in a statement released on Thursday, was unapologetic about the spending which he said related to a media organisation's claims involving inaccurate speculation, as well as defamatory allegations and statements from disaffected third parties about Wintec and its staff with no evidence supplied.

"Wintec legitimately and responsibly sought legal advice around this. The allegations, which were not backed up with evidence, were such that they defame many innocent parties.

"Wintec ensures it seeks legal advice on matters that affect its business, reputation and people, particularly in regard to serious defamatory matters.

"It is Wintec's duty as a public organisation and good employer to ensure that its people are not subjected to inappropriate and damaging information being published about them."

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Harris, who was appointed to the Council in May, also addressed a complaint investigated by the Wintec Council in 2015 - understood to be part of the reason for the legal spending against Fairfax - which included what he called defamatory allegations relating to its long-standing chief executive Mark Flowers.

Harris said the complaint was taken seriously and the allegations were investigated independently but were not upheld.

"The conclusion of that investigation was that the allegations were unsubstantiated, that they did not stand up to scrutiny, and were based on speculation, not evidence."

"As a result the Wintec Council retains, and has full confidence in Mark Flowers, Wintec's chief executive."

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Harris said it was not appropriate to release the allegations or further details about the complaint to protect the privacy of individuals.

In the past 10 years Wintec has spent $342,350 on legal advice relating to policy, audit, compliance and regulation and more than half of that in the last two years was on media requests from Fairfax, according an OIA response.

In 2017, $119,504 was spent on policy, audit, compliance and regulation, $64,783 in 2016 and $30,456 in 2015. In 2007, just $622 was spent on legal advice in that area.

During the same 2016 and 20 September 2017 period, Wintec also received and responded to more than 200 questions and requests for information from the media.

This includes those submitted by the Herald both as media and OIA requests to Wintec regarding spending and employment issues.

The Herald has repeatedly requested an interview with Harris, a former Hamilton City Council chief executive, since September. He finally refused them this week citing "legal and confidentiality sensitivities" and instead issued a statement.

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