Former Reserve Bank Governor and Opposition Leader Don Brash has filed a defamation claims against Matthew Hooton after attempts to resolve the matter proved unsuccessful.
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Brash, represented by Stephen Franks, has retained defamation lawyers Peter McKnight (pictured) and Ali Romanos as counsel and follows Files Defamation Claim Against Political Commentator a delayed response from Hooton’s lawyers which arrived shortly before a requested deadline.
According to the filed claim, Hooton allegedly made statements suggesting Dr. Brash was “profoundly dishonest, lacks integrity, and is corrupt”. The various claims, reported in The Spinoff, were forcefully rejected by Brash who sought a full apology from Hooton, who received a partial apology that has not satisfied him and have resulted in the defamation action being filed.
The comments were made in a now deleted podcast at The Working Group and included some significant claims made about Brash by Hooton.
The Working Group is produced by leftwing and Daily Blog editor Martyn “Bomber” Bradbury and the libertarian liquidator and Stuff columnist Damien Grant.
The offending podcast and video has been removed but an apology was published, saying:
Four weeks ago on The Working Group, Matthew made certain comments about Dr Brash. These comments were made in discussions with Damien and others about the role of the Treaty of Waitangi in New Zealand, the foreshore and seabed issue, and the advocacy group Hobson’s Pledge. In his comments, Matthew accused Dr Brash of dishonesty and of advocating his views solely to drive racial division in New Zealand.
Matthew accepts that in fact Dr Brash holds those views sincerely and not for the reasons Matthew gave.
Matthew does not agree with Dr Brash’s position on the Treaty and related matters. His remarks came as part of a vigorous debate on a subject that he is particularly passionate about – as are many New Zealanders, including Dr Brash. But Matthew accepts he was not justified in making – and sincerely apologises for – those particular statements, which he unreservedly retracts.
The Hooton Defamation Files
Hooton has had previous brushes with defamation law, including in a column for the National Business Review concerning former National finance minister Steven Joyce, before ultimately apologising for it as part of a settlement in which he agreed to pay Joyce’s legal fees.
The NBR did not concede, and the saga dragged on for years, ultimately leading to a judgement in the NBR’s favour.
The current legal fight shows a deep split between the two men.
Hooton referred to Brash’s infamous Ōrewa speech as “despicably racist,” and later said he was a ‘fundamentally bad person’ who had divided the country “despite being certainly intelligent enough to know the things that he says are not true.”
The accusations are considered to go beyond mere disagreement and are viewed as serious attacks on Brash’s character.
The case has highlighted the legal boundaries of public discussion, particularly in debates concerning the Treaty of Waitangi and raises questions about the line between robust political discussion and potentially defamatory personal attacks.
Don Brash has maintained consistent positions on Treaty-related issues over the years but the division between the two public figures on the Treaty issues shows a major disagreement between two outspoken commentators on Maori and race-based issues that have become so central to modern New Zealand’s political discourse.
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