South Island food producer Talley’s has lost its defamation case against Television New Zealand (TVNZ), with the High Court at Auckland comprehensively ruling in the media company’s favour.

The case, being heard before Justice Pheroze Jagose, was closely watched by the media industry as TVNZ sought to defend its reporting of six stories in 2021 and 2022 from One News’ Christchurch-based reporter Thomas Mead.

The stories made allegations about substandard health and safety practices at Talley’s plants in Ashburton and Blenheim, and the agribusiness’ mismanagement of accident compensation run under the ACC opt-out Accredited Employer programme.

Of particular focus was one of Mead’s stories that claimed staff at the Ashburton food processing plant were working with machines that had an insufficient number of emergency stop buttons.

Many of the stories complained about by Talley’s made heavy use of anonymous sources, and TVNZ made the practice of responsible journalism a key plank of its defence.

After a five-week trial, Justice Jagose has comprehensively ruled in TVNZ’s and Mead’s favour.

TVNZ reporter Thomas Mead giving evidence at the Auckland High Court during the trial. Photo / Dean Purcell

All but one of Talley’s claims were determined as not defamatory by the court, and the single claim that survived failed due to TVNZ’s defences.

Justice Jagose said he found TVNZ’s publication of its July 3, 2021 broadcast, which focused on the emergency stop buttons and safety issues not being addressed, to have an interpretation or meaning “not materially different from the relevant imputation pleaded by Talley’s”.

However, Justice Jagose said that because Talley’s had not proved the publication caused, or was likely to cause, pecuniary loss to Talley’s – its proceeding failed.

Justice Jagose also said that had Talley’s been able to prove any pecuniary loss caused by TVNZ, he still would have ruled in its favour.

“I would have found the publication nonetheless was TVNZ’s responsible communication on a matter of public interest, meaning TVNZ still would have succeeded.”

Lawyer for TVNZ Davey Salmon (left) at the Auckland High Court during the trial. Photo / Dean Purcell

Both parties employed high-profile lawyers for the case, with Talley’s represented by Brian Dickey, the former Crown Solicitor for Auckland.

TVNZ retained the services of Davey Salmon, KC.

Talley’s was not seeking damages, but rather was seeking to clear its name with a declaration that the stories were defamatory.

TVNZ and Talley’s have been approached for comment.

Tom Raynel is a multimedia business journalist for the Herald, covering small business, retail and tourism.