My Opinion on the Andrew Little Defamation Trial

On Monday, news broke that the Leader of the Opposition, Andrew Little has been partially cleared of defaming the owners of a hotel chain. This verdict makes writing the post easier as I know that some of Little’s statements were not defamatory and can report on them with less fear of negative consequences. Having read up on online defamation, I should be OK if I stick to verifiable facts and genuine statements of opinion. Of course that’s no guarantee. As Little has found out, you can be sued for defamation even when what you said wasn’t defamatory. The comments about the case on social media and other blogs were probably more defamatory than anything Little ever said. But I guess suing an internet random doesn’t have the same gravitas does it?

How did this all begin? The founder of the Scenic Hotel Group hotel chain donated $101,000 to the governing National Party prior to the last election. One month later, Scenic Hotel Group was awarded a government contract to run the Matavai Resort in Niue. That these two events occurred is beyond doubt, the issue is a matter of optics as to whether there is any connection between the events.

I think the timing could be described as “interesting”, or “unfortunate” as a cynical mind can’t help but wander, especially since there is history with National Party donors and unfortunately timed government contracts such as Beemer-gate. In that case, the dealer saw sense and didn’t sue anyone. With the hotel incident, Little made some comments where he alleged corruption. The Hagamans sued him for defamation prior to an investigation by the Auditor-General. Once the Auditor-General got involved and gave the process the all-clear,  Little apologised to the Hagamans.

From the reports of proceedings in the trial, Lani Hagaman said that she wanted a suitable public apology. I think that the statement on the Labour Party website was sufficient. They should not have expected an apology before the AG investigation when they sued him, why should Little apologise when the facts are yet to be determined? I found that Little was being sued for $2.3 million inconsistent with the claim that Hagaman just wanted an apology. I am unconvinced by the excuse that it is to restore Earl Hagaman’s reputation. Ironically, my opinion of Hagaman is diminished by the fact that Lani Hagaman thinks that his reputation can be restored by an amount of money that would bankrupt Little. If they didn’t want me to think poorly of them, then they shouldn’t have donated money to the National Party in the first place.

I am also concerned about the political motivations that could have been involved. National Party donors and presumably supporters suing a Labour Party politician unsettles me. Will suing for defamation under unconvincing circumstances become a tactic for the wealthy and powerful to censor dissenting voices? The integrity of our democracy is more important than the feelings of greedy multi-millionaires whose own actions do more to harm their reputation than anything Andrew Little could say. Fortunately, one of the findings of this case was that Little has qualified privilege as Leader of the Opposition to draw attention to potentially murky dealings. As noted by Antony Robins, this is good for democracy.

Unfortunately, it may not be over yet. Lani Hagaman looks to be seeking a retrial over the inability of the jury to decide whether Little had defamed Earl Hagaman. She also does not believe that Little is not protected by qualified privilege. Little has washed his hands of the issue as has the corporate media, who have moved on to other things.  By donating to the National party, companies are making a statement that they view their customers and New Zealand with contempt. However, contempt goes both ways so I will not be purchasing goods and services from Scenic Hotel Group in the forseeable future.

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