Fonterra gag in public interest
A gagging order was served on exFonterra director Leonie Guiney over a claim of breach of contract and confidence, High Court papers show.
Justice Karen Clark ordered an injunction on March 2 against media ‘‘using, publishing or otherwise disseminating confidential information’’ supplied by the South Canterbury dairy farmer.
The judge set out her reasons on Wednesday, saying there was greater public interest in the information remaining confidential than in ‘‘permitting the publication of information gained or used in breach of that obligation of confidence’’.
‘‘The courts recognise circumstances where a restriction on an individual’s freedom of expression is necessary in order to protect other values regarded as important in a democratic society,’’ she said.
The order names NZX Rural as first respondent, Guiney as second respondent and unnamed defendants as third respondents.
However, columnist Alan Emerson, who writes for NZX Rural publication Farmers Weekly, tweeted ‘‘as the person who interviewed Leonie Guiney can I say unequivocally that she offered absolutely no confidential board information’’.
Guiney was a Fonterra director from 2014 until 2017, but was blocked after putting herself forward for re-election.
Subsequently she went public with her resentment, saying she was a ‘‘necessary antidote to ‘group think’’’ on the board. The dairy giant was also criticised for its lack of female representation at board level. The judge said on the basis of the material she had seen, Fonterra had established there was a serious question to be tried.
‘‘I am also satisfied the balance of convenience lies in favour of granting the interim injunction.
‘‘The harm that would likely result from the unauthorised disclosure of confidential information would not readily be compensable by damages.’’
One of the considerations the judge took into account was the expectation the injunction would be of limited duration.
Court time was available on March 23 or 26 for a hearing into Fonterra’s substantive claim.