23 February 2016

Defamation: Arnold v. Fairfax

Claim and counterclaim in High Court defamation proceedings are underway between Invercargill mayor Tim Shadbolt and councillor Karen Arnold.
Ms Arnold alleges the mayor in his fortnightly newspaper columns questioned her honesty and integrity when she criticised the operation of Invercargill City Holdings, owner of the city airport and electricity supply company.  She further alleges the mayor defamed her in criticisms of her support for proposed tourist attractions featuring tuatara and kakapo.  The mayor’s column in The Southland Times dismissed one of her plans as being “a harebrained scheme to support a parrot”.
In a preliminary High Court hearing, Ms Arnold challenged Mr Shadbolt’s proposed defence in which he is arguing the comments made were not defamatory, but if held to be defamatory are protected as being honest opinion.  These two defences are inconsistent, she said.  You cannot stand behind both at the same time.
Justice Clifford ruled alternative defences are acceptable at law, even though they may appear inconsistent to a lay person.
Mr Shadbolt is countersuing alleging he was defamed in correspondence Ms Arnold sent to the Southland Times editor.  He alleges the letter maligns his independence, suggests he lies to council and that his conduct is motivated purely by animosity towards Ms Arnold.  These claims have yet to be heard.  Justice Clifford struck out that part of Mr Shadbolt’s defamation claim where Ms Arnold’s letter said she had been subject to “a rambling verbal assault”.  This phrase was not capable of a defamatory meaning, he ruled.  It describes unfocused and ineffective talk. 
Arnold v. Fairfax – High Court (23.02.16)

16.035