Widow files appeal in donor case
The widow of millionaire hotel magnate Earl Hagaman is taking on a High Court judge, legal precedent and a former Labour Party leader in a bid to vindicate her husband.
Lani Hagaman says her late husband’s name was cleared after a defamation trial against former Labour leader Andrew Little in April, but the jury’s inconclusive verdicts meant he was not ‘‘fully vindicated’’.
Little says the Hagamans ‘‘lost badly’’ in the High Court and the appeal was a politically motivated attempt by a wealthy National Party donor to relitigate the issues.
The stoush began in 2011 when Little made six statements alleging donations the Christchurch-based Hagamans made to National helped their company, Scenic Hotel Group, win a contract to manage a resort in Niue.
At trial, the jury found one statement was not defamatory of Earl Hagaman, but it could not reach a majority verdict for four statements. It found Little did defame Hagaman in the sixth statement, but could not decide if his comments were covered by qualified privilege and therefore could not consider damages. He was cleared of defaming Lani Hagaman.
Earl Hagaman died in May. Lani Hagaman has now filed proceedings in the Court of Appeal seeking a clarification over the trial judge’s directions to the jury about a politician’s right to qualified privilege, which normally applied to comments made in Parliament.
Lani Hagaman said the appeal was symbolic, and all she wanted was an apology.
‘‘If Andrew Little had just done his homework in the first instance and gone to Ross Ardern … he would [have] found out everything was above board.’’
Ardern, father of current Labour leader Jacinda Ardern, is New Zealand’s High Commissioner in Niue and a trustee of the Niue Tourism Property Trust, which approved the management contract going to Scenic Hotel Group.
Little said the Hagamans had been big donors to National.
‘‘Any suggestion this is not politically motivated is highly questionable. I offered $100,000 and my apology was very clear.’’
Before Lani Hagaman’s case can be heard, she must overcome another legal hurdle. The Law Reform Act 1936 says a defamation action cannot continue after a person dies.
‘‘The difference here is that the case had already been heard and we were appealing it anyway,’’ she said.
‘‘This isn’t about revisiting the result of the jury case. I don’t know if I can reopen it now Earl’s died. It’s about whether the jury trial judge was correct about qualified privilege.’’
Lani Hagaman continues to manage the Scenic Hotel Group. The Hagaman empire is worth an estimated $200 million.