IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-3091
[2023] NZHC 385
UNDER the Defamation Act 1992 BETWEEN
KRISTIN PIA CATO
Plaintiff
AND
MANAIA MEDIA LIMITED
First Defendant
ROWAN DIXON
Second DefendantJANE THOMPSON
Third Defendant
Hearing: 1-18 August 2022 Appearances:
S Mills KC, R Butler and D Nilsson for the plaintiff F King and R Che Ismail for the defendants
Judgment:
3 March 2023
JUDGMENT OF ROBINSON J
[Public Interest Defence]
This judgment was delivered by me on 3 March 2023 at 10:00 am pursuant to Rule 11.5 of the High Court Rules
…………………………………………………………………… Registrar/Deputy Registrar
Solicitors: Lee Salmon Long, Auckland
McKenna King Dempster, Hamilton
Counsel:S Mills KC, Auckland R Butler, Auckland
CATO v MANAIA MEDIA LIMITED [2023] NZHC 385 [3 March 2023]
Introduction [1]
Background [7]
Horse & Pony’s July 2017 article [9]
The joint statement [17]
Publishing the joint statement [21]
The plaintiff ’s social media comment [24]
ESNZ’s 1 December 2017 statement [25]
Horse & Pony’s enquiries of ESNZ [26]
The defendants’ questions of the plaintiff [29]
Third defendant’s questions for Ms Laurie/Ms McVean [33]
The Article [37]
The jury’s verdict [42]
The Durie v Gardiner defence [44]
Is the subject matter of the Article a matter of public interest? [45]
Pleadings [48]
Submissions [50]
Plaintiff ’s submissions [55]
Discussion [65]
Was the Article a responsible communication? [70]
(a)The seriousness of the allegation [74]
(b)The degree of public importance [80]
(c)The urgency of the matter [82]
(d)The reliability of any source [87]
(e)Was comment sought from the plaintiff and accurately reported? [89]
(f)Tone of the publication [96]
(g) Were the defamatory statements necessary to communicate on the matter of public interest? [99]
Conclusion [102]
Result [103]
Introduction
[1] New Zealand Horse & Pony (Horse & Pony) is an equestrian magazine published by the first defendant, Manaia Media Ltd (Manaia). Manaia also owns and operates the Horse & Pony website and administers its Facebook page. The second defendant, Ms Rowan Dixon, is the sole director and shareholder of Manaia. She is the editor of the Horse & Pony magazine and website and controls the Facebook page.
[2] The plaintiff brought defamation proceedings in respect of an article published on the Horse & Pony website on 3 December 2017 (Article). The third defendant, Ms Jane Thompson, wrote the Article.
[3] The defendants denied the plaintiff’s claim and elected trial by jury. They also pleaded the affirmative defence first recognised in New Zealand by the Court of Appeal in Durie v Gardiner.1 The defendants say the subject matter of the Article was of public interest; and their communication was responsible.2
[4] On 18 August 2022 the jury unanimously found that the Article bore all the meanings alleged by the plaintiff, and that those meanings were defamatory. It awarded the plaintiff compensatory damages of $225,000 and punitive damages of
$15,000.
[5] I recorded the jury’s verdict but at that stage I…
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