Food giant Talley's has failed in its multi-year defamation battle against TVNZ and reporter Thomas Mead over stories investigating its health and safety failings.
Justice Pheroze Jagose today delivered his judgement, dismissing Talley's claims following an Auckland High Court trial that exceeded four weeks and heard evidence from more than 40 witnesses.
The case stemmed from six 1News broadcasts and six associated online stories published in 2021 and 2022, which examined conditions at Talley's vegetable processing plants, its meatworks subsidiary AFFCO, and its management of injured workers' ACC claims.
The company’s suing reporter Thomas Mead and TVNZ over a series of stories on health and safety concerns. (Source: 1News)
This morning, Jagose dismissed the proceeding, finding that while one 2021 broadcast incorrectly referred to insufficient emergency stop buttons at an Ashburton plant, Talley's could not prove it had suffered any financial loss as required under the law.
"Given Talley's less discriminate approach to alleging and proving pecuniary loss, I find it has not proved TVNZ's publication of the July 3, 2021 broadcast either has caused or is likely to cause any pecuniary loss to Talley's," he said in his ruling.
Even if Talley's had proven financial loss, the judge wrote that he would have found the broadcast was a "responsible communication on a matter of public interest" – meaning he would have still found in TVNZ's favour.
"Plainly issues of Talley's compliance with health and safety obligations are matters of public interest, given their engagement with worker welfare (irrespective if considerable public notoriety or controversy has attached)."
The revelation was made as part of a defamation case Talley’s has taken against TVNZ and reporter Thomas Mead. (Source: 1News)
The court found another 11 of Talley's 12 causes of action failed because the TV and online stories did not carry the defamatory meanings the company claimed they did.
The trial exceeded its scheduled four weeks, with more than 40 witnesses giving evidence and counsel's submissions running to nearly 500 pages.
The original 1News investigation by Christchurch reporter Thomas Mead featured anonymous whistle-blowers raising concerns about unclean machines, workplace injuries, and safety practices at Talley's Ashburton plant.
'Vindication' for workers
Mead said the dismissal of the case was a victory for the whistleblowers who spoke to him.
"Today is vindication for the Talley’s and AFFCO workers who spoke out about what they saw at their workplaces. It is their courage – in both the stories, and the trial – that should be remembered," he said.
"I’d like to say I am so proud of everyone involved in defending this claim. As journalists we have a duty to serve the public and it is an honour to work here at TVNZ, a newsroom that is united in that duty and not afraid to hold power to account."
TVNZ chief executive Jodi O'Donnell also welcomed the judgement.
"We stood by our stories when they went to air, and we stand by them today.
"Throughout this case, our position has been consistent: investigative reporting, conducted responsibly, serves the public interest.
"The court’s decision affirms this principle. This is an important result for us, for New Zealand journalism and for the people impacted by the very issues we reported on."
In court, Talley's claimed it had lost income, and its reputation had unfairly suffered after the series of reports alleging health and safety concerns.
The food company is suing TVNZ to restore its reputation after reports highlighted health and safety complaints. (Source: 1News)
TVNZ argued in response that it reported truthfully and responsibly in the stories.
Talley's processed food products at 30 sites across New Zealand, employing more than 8000 people and selling both locally and overseas.
The company has been approached for comment.
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