“They crossed the line from factual reporting to exaggeration, misinterpretations, and outright falsities.”
Both parties have employed high-profile lawyers.
Talley’s is represented by Dickey, the former Crown Solicitor for Auckland.
Lawyer for Talleys Brian Dickey in the High Court at Auckland. Photo / Dean Purcell
TVNZ has retained the services of Davey Salmon, KC.
Attesting to the significance of the case to both parties, TVNZ chief executive Jodi O’Donnell and Talley’s director, Andrew Talley, observed the first day’s proceedings from the public gallery.
The six stories, all of which led the 6pm bulletin, and ran between July 2021 and May 2022, were played in full to the court on the first day of trial.
The stories made allegations about substandard health and safety practices at Talley’s plants in Ashburton and Blenheim, and the agribusiness’s mismanagement of accident compensation run under the ACC opt-out Accredited Employer programme.
“The overriding messages from this series was that the Ashburton plant was unsafe, and Talley’s management doesn’t care,” Dickey said.
“The stories were irresponsible advocacy journalism … that may be a mark of television news but it does not provide a defence to defamation.”
Lawyer for TVNZ Davey Salmon in the High Court in Auckland. Photo / Dean Purcell
Salmon told the court TVNZ and Mead rejected the claims, and would be defended on the grounds the stories were true and the result of responsible journalism about matters of public interest.
In written opening submissions, Salmon said Talley’s claim was also hampered by the company’s poor reputation.
“It operates in many small communities, with limited opportunities. A significant portion of its workforce are migrants and seasonal workers.
“The group also has a long history of health and safety convictions and hostility to union activities on its sites, and a reputation that reflects that,” Salmon said.
Salmon said the use of anonymous sources was an important tool for journalism and arguments by Talley’s that their use discredited the defence of responsible publication was dangerous.
“If it’s said that a responsible publication should be stymied because a journalist honours those promises [for anonymity] protected under the Evidence Act, then the defence is emasculated, it’s expired,” Salmon said.
“That vital last part of journalistic media requires them to hear from anonymous sources and honour their trust.”
Dickey signalled Talley’s would be calling former police commissioner Mike Bush as a witness.
Bush, now the commissioner of police for Victoria, was in 2021 engaged as a consultant by Talley’s to investigate allegations about the Ashburton plant made in Mead’s initial run of reporting.
Salmon signalled former Herald editor Dr Gavin Ellis would be giving evidence as to best practice in newsroom management and verification of information provided by anonymous sources.
Talley’s is suing state-owned TVNZ and Mead personally.
Dickey said Talley’s was not seeking damages, but rather was seeking to clear its name with a declaration that the stories were defamatory.
If Talley’s case succeeds, TVNZ and Mead will still be liable to cover their opponents’ costs.
The trial continues and is scheduled to run for four weeks.
Matt Nippert is an Auckland-based investigations reporter covering white-collar and transnational crimes and the intersection of politics and business. He has won more than a dozen awards for his journalism – including twice being named Reporter of the Year – and joined the Herald in 2014 after having spent the decade prior reporting for business newspapers and national magazines.