Ardern reaffirms confidence in Trevor Mallard as Speaker as he ducks $330k defamation case fee

Prime Minister Jacinda Ardern says she still backs Trevor Mallard as the Speaker of the House.

It comes after Mallard issued an apology last Tuesday for falsely accusing a parliamentary staffer of rape last year. On Friday, it was revealed Mallard had spent about $333,000 of taxpayers’ money to settle a defamation case after he made the incorrect rape claim. 

The revelations saw both National and ACT call for him to step down as Speaker. 

Ardern told TVNZ1’s Breakfast this morning she had confidence in Mallard to continue as Speaker. 

She said both the Speaker and ministers had an arrangement where, if they were legally challenged for what they had said, “we are covered for that if it is in the course of us doing our duties”. 

This had been in place for years, Ardern said.

Last year, then-Deputy Speaker, National MP Anne Tolley was the one who signed off that Mallard’s legal costs would be covered by the taxpayer. 

It was considered that because the Speaker is the Minister responsible for Parliamentary Services, Parliament’s administrative entity, he should get the same entitlements as ministers.

Tolley sought advice from the Solicitor-General about the case. 

Ardern said she didn’t believe Mallard should resign, despite this issue as well as the time he punched National MP Tau Henare , pleaded guilty to fighting in a public place and called gay National MP Chris Finlayson “tinkerbell” in the House.

But, she conceded Mallard "has made a mistake here, no question, he has made a mistake". 

She confirmed Mallard would be appearing in front of Parliament's Governance and Administration Select Committee to be questioned over the issue. 

Mallard “proactively contacted the chair [National MP Barbara Kuriger] to make time for that”, Ardern said.

Shadow Leader of the House Chris Bishop said National would be questioning the Speaker about reports in August he would expand the rules for MPs claiming legal costs, while he was being sued himself. 

“So far there has been no apology to Parliament, no statement, and no accountability. This is not good enough,” Bishop said.

“We believe taxpayers deserve some answers as to why they are footing the bill for Mr Mallard’s reckless comments, rather than him, and why he thinks it’s acceptable for him to continue in the job."

In 2018, former National MPs Anne Tolley and Paula Bennett had their legal fees paid for by the taxpayer  when then Deputy Prime Minister Winston Peters took them to court over the leak of his superannuation information. 

On Friday, National leader Judith Collins said in response to written parliamentary questions, it was revealed the amount spent on Mallard’s defamation case totalled $333,641.70.

Of that, $158,000 was an ex-gratia payment to the former staffer to settle a legal claim, $171,000 was paid in fees to Dentons Kensington Swan and $4641.70 went to Crown Law for advice to the former Deputy Speaker.

Mallard had refused to tell media how much his case had cost in total.