Collins to fund defamation action from own pocket

UPDATE Monday April 2: Judith Collins will fund her own costs for defamation action, John Key said at his post-cabinet press conference today.

The Prime Minister said Ms Collins told him this was her preference on Wednesday and confirmed it this morning.

Ms Collins was entitled to seek cabinet funding, but had not.

The Justice Minister has started defamation action (but not yet filed High Court papers) against Labour MPs Andrew Little and Trevor Mallard over an email from former National Party president Michelle Boag to Ms Collins that was leaked.

Ms Collins has insisted in Parliament and to Prime Minister John Key that it did not come from her office.

Messrs Little and Mallard ignored a 5pm Thursday deadline to apologise to Ms Colliins or face defamation proceedings.

UPDATE Friday March 30: NBR understands Justice Minister Judith Collins has initiated a defamation claim against Labour MPs Andrew Little and Trevor Mallard.

Papers have yet to be filed, but NBR understands a claim will be made in the High Court next week.

UPDATE March 29: Labour MPs Andrew Little and Trevor Mallard have not responded to ACC Minister Judith Collins' "muzzling" defamation letter.

Yesterday afternoon, Labour spin doctor Fran Mold says Collins had given Mallard and Little until 5pm to retract certain statements made on Radio New Zealand, or they would face defamation action.

Mr Little told NBR Online that the pair took legal advice and were comfortable with what they said.

"We had a deadline and we haven't responded," he said.

"What it looks like to me is an attempt to muzzle other MPs who have been asking difficult questions in Parliament."

Mr Little said Labour would not release Collins' letter.

A media law expert says Labour MPs Trevor Mallard and Andrew Little might be facing "pretty serious" court action over the Bronwyn Pullar scandal

In the latest twist to the Pullar affair, ACC Minister Judith Collins says she intends to sue them for defamation over "untrue and defamatory" statements.

Ms Collins said she was taking court action against two Labour MPs and a media organisation.

Messrs Mallard and Little have been named by Labour as those facing defamation action.

Labour leader David Shearer's office today deflected the issue back on the government, calling it an "issue of trust and confidence".

Labour says it hasn't received formal notification of Ms Collins' action and it doesn't know which MPs she is referring to.

"Labour believes there are still many questions that need to be answered [in the Pullar affair]," Labour spin doctor Fran Mold says.

Canterbury university professor and media law expert Ursula Cheer says if an allegation of fact had been made, and if Ms Collins proved it was defamatory, it was about her and it had been published, then the onus was on the defendant to prove the allegation was true. 

"In this case if what was actually said amounts to 'You arranged a leak', that is pretty serious I think," Prof Cheer says.

"All of the implications of that are pretty serious. It's not just people saying something insulting about an MP, or saying they're not doing their job very well which, of course, they get that knock about all the time."

She said it was unusual for a sitting minister to take court action.

"Qualified privilege says we can publish this stuff because it's in the public interest, and we're allowed to get wrong. But, of course, you have to be responsible about how you go about getting the information and publishing also."

The scandal, which began with Pullar being inadvertently sent details of 6700 ACC cases, has already forced former minister Nick Smith to resign all his Cabinet portfolios after it was revealed he wrote an endorsement letter for Pullar on ministerial letterhead. 

At the centre of Ms Collins' action is who leaked details of Ms Pullar's identity to the media - something the Privacy Commissioner is now investigating.

An email from former National Party president Michelle Boag to Ms Collins was leaked, but Ms Collins has insisted in Parliament and to Prime Minister John Key that it did not come from her office.

She said she only forwarded the email to ACC board chairman John Judge and chief executive Ralph Stewart.

Ms Collins yesterday admitted she printed out the email, but still said the leak didn't emanate from her office.

“I value my reputation and take very seriously any accusations that I have acted improperly. This is not a course of action I take lightly.

“I have made myself extremely clear from the outset, that neither I, nor my office, has played any part in the release of the claimant’s name to the media."

In an interview on Radio Live this morning, Ms Collins issued a warning to Labour MP Andrew Little, who roasted her in Parliament yesterday.

"Mr Little needs to learn that he might like to say anything he likes in Parliament, but he also has to be able to not make untruthful statements."

Labour MP Shane Jones joked on Radio Live that he didn't enjoy the "coy" version of the ACC Minister, and preferred the robust-debating, "slightly dragon-orientated" Ms Collins.