Cause for defamation in this request?

This has been forwarded to TVNZ on 12 November. To date I have heard nothing. Nearly one month on.

Dear Amy

Happy New Year and welcome to - yes a year of intrigue.

I still have yet to receive any information from TVNZ. This is taken from a report by Kelvin Smythe. Not only is it to do with education, but also the legal side of things.

I would be grateful if you would look into my getting information.

Thanks
Pam Absolum
Templeton

"The Christchurch Press, having used the OIA, had the Adviser’s Report

On 7 April, TVNZ 6.00 pm news carried a story of allegations of financial impropriety by the principal. The commissioner made no public comment to set the record straight, even though she had a copy of Mike Rondel’s Finances Scoping Report at hand.

Michael Parkin, TVNZ, contacted the principal by email about a letter he had received. She did not respond except to alert the commissioner. The commissioner decided to hire a private investigator, Paul Bass, to pursue the matter, at the cost of many tens of thousands of dollars. The principal was informed that there would be a full forensic investigation. The result came to no conclusion though a futile attempt was made to point the blame towards the principal. "

In respect of your request for "the source of and the information given to Michael Parkin, reporter for TV One regarding: Mrs Peggy Burrows who is supposed to have 'leaked confidential information' to TV One.", I helpfully respond as follows:

1. The Minister of Broadcasting should have transferred your request to Television New Zealand (TVNZ) under s14 of the Official Information Act (OIA), as the information being sought is more closely connected with TVNZ than that of the Minister.

2. As such, any information released to you by the Minister, would be of information held in Minister's capacity. I think it is unlikely that the Minister has the information you seek. In addition, the Minister is operationally independent from TVNZ and there certain statutory limitations on the Minister's power/authority to seek information from TVNZ (a Crown Entity).

3. I see from your annotation on fyi.org.nz, that you also sent the same request to TVNZ on or about 8 Dec 2015. Both TVNZ and the Minister should have considered your request under the OIA and responded to you by now. If they have not, you are free to lodge a complaint with the Ombudsman on the basis that the undue delay in deciding on your request and making the information available to you is deemed to be a refusal to provide the information (refer to OIA, s 28(5))**.

4. If or when TVNZ consider your request, they should determine whether the source of the information was confidential or not. If the source was not confidential, then it should be given to you, along with the information.

5. If however the source was confidential, then TVNZ is unlikely to give you the source. There is a long-standing convention within journalism and within the law, that journalists don't reveal their confidential sources of information. This is supported by TVNZ's "Journalists' manual" (Oct 2011), which states, "for TVNZ, protection of confidential sources is a fundamental principle that we must protect at almost any cost, save an immediate and serious threat to life or property". Furthermore, the section 68 of the Evidence Act 2006 provides for the protection of journalists' sources, the protection of which can only be revealed by an order of a High Court judge.

6. It is not completely clear what information you are seeking, but I assume it is the "confidential board documents" that you believe were given to TVNZ journalist, Michael Parkin. If this is in fact the information you seek, TVNZ should provide it to you, unless there is good reason not to, in terms of the Official Information Act. However, given that it is now over one year since Michael Parkin's report (and your request), there is a possibility the information is no longer held by TVNZ.

7. If you wish to pursue the information you seek, then I would suggest you make any future requests concise and clear. Try not to add too much background information. Otherwise the responder (the Minister or TVNZ) may treat your request as simply concerns rather than an actual request.

8. News media reports subsequent to your request state that the Employment Relations Authority has found Peggy Burrows was not proved to have leaked confidential board of trustees documents before her wrongful dismissal. This may go some way to addressing any sense of injustice you may feel towards the way Ms Burrows was treated.

Endnotes:
* http://www.nzherald.co.nz/nz/news/articl...

* http://www.stuff.co.nz/national/educatio...

**http://www.legislation.govt.nz/act/publi...