TVNZ has successfully defended itself in a defamation case taken by food production company Talley's. Photo / RNZ: Marika Khabazi
TVNZ has successfully defended itself in a defamation case taken by food production company Talley's. Photo / RNZ: Marika Khabazi
South Island food producer Talley’s has lost its defamation case against Television New Zealand (TVNZ), with the High Court at Auckland comprehensively ruling in the media company’s favour.
The case, being heard before Justice Pheroze Jagose, was closely watched by the media industry as TVNZ sought to defend its reportingof six stories in 2021 and 2022 from One News’ Christchurch-based reporter Thomas Mead.
The stories made allegations about substandard health and safety practices at Talley’s plants in Ashburton and Blenheim, and the agribusiness’ mismanagement of accident compensation run under the ACC opt-out Accredited Employer programme.
Of particular focus was one of Mead’s stories that claimed staff at the Ashburton food processing plant were working with machines that had an insufficient number of emergency stop buttons.
Many of the stories complained about by Talley’s made heavy use of anonymous sources, and TVNZ made the practice of responsible journalism a key plank of its defence.
After a five-week trial, Justice Jagose has comprehensively ruled in TVNZ’s and Mead’s favour.
TVNZ reporter Thomas Mead giving evidence at the Auckland High Court during the trial. Photo / Dean Purcell
All but one of Talley’s claims were determined as not defamatory by the court, and the single claim that survived failed due to TVNZ’s defences.
Justice Jagose said he found TVNZ’s publication of its July 3, 2021 broadcast, which focused on the emergency stop buttons and safety issues not being addressed, to have an interpretation or meaning “not materially different from the relevant imputation pleaded by Talley’s”.
However, Justice Jagose said that because Talley’s had not proved the publication caused, or was likely to cause, pecuniary loss to Talley’s – its proceeding failed.
Justice Jagose also said that had Talley’s been able to prove any pecuniary loss caused by TVNZ, he still would have ruled in its favour.
“I would have found the publication nonetheless was TVNZ’s responsible communication on a matter of public interest, meaning TVNZ still would have succeeded.”
Lawyer for TVNZ Davey Salmon (left) at the Auckland High Court during the trial. Photo / Dean Purcell
Both parties employed high-profile lawyers for the case, with Talley’s represented by Brian Dickey, the former Crown Solicitor for Auckland.
TVNZ retained the services of Davey Salmon, KC.
Talley’s was not seeking damages, but rather was seeking to clear its name with a declaration that the stories were defamatory.
Talley’s have been approached for comment.
TVNZ reacts
TVNZ and Mead welcomed the High Court’s dismissal of Talley’s proceedings, with Mead describing the decision as “vindication for the Talley’s and Affco workers”.
TVNZ said it stood by its stories when they went to air, and it stands by them today.
“Throughout this case, our position has been consistent: investigative reporting, conducted responsibly, serves the public interest. The court’s decision affirms this principle,” the company said.
“This is an important result for us, for New Zealand journalism and for the people impacted by the very issues we reported on.”
Mead said it was the workers’ courage in both the stories and the trial that should be remembered.
“I am so proud of everyone involved in defending this claim. As journalists we have a duty to serve the public and it is an honour to work here at TVNZ, a newsroom that is united in that duty and not afraid to hold power to account,” Mead said.
Tom Raynel is a multimedia business journalist for the Herald, covering small business, retail and tourism.
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