Television New Zealand Ltd v Haines CA71/04

Television New Zealand Ltd (TVNZ) appealed from the High Court's decision in relation to a defamation claim brought by Rodney David Haines and associated companies (Haines). The dispute arose from TVNZ's broadcast of several programmes which Haines alleged were defamatory. The High Court had determined several preliminary questions which were to be answered before the substantive issues in the defamation claim could be decided. TVNZ appealed the High Court's determination of those questions. The Court of Appeal allowed the appeal in part. The Court set aside the High Court's answers to the preliminary questions as the questions had been inappropriately framed. The Court also set aside the High Court's order that TVNZ's pleadings be amended in relation to the defences of truth and honest opinion. The Court held that a defendant in a defamation action is not precluded from proving that the imputations pleaded by the plaintiff are true. However, the defendant cannot plead and prove the truth of different meanings. The Court also held that it is not necessary for a defendant to particularise individual statements in the publications as expressions of opinion.