Dominion Post publishers fined $10,000

2 December 2009 – For immediate release

Dominion Post publishers fined $10,000

The Transport Accident Investigation Commission (TAIC) says the conviction and sentencing of the publishers of the Dominion Post for publishing a legally protected draft report reinforces TAIC’s ability to run safety focused inquiries that get to the truth of what happened while treating the people and organisations involved fairly.

Fairfax New Zealand Ltd has been fined $10,000 after pleading guilty to a charge laid under sections 14L and 14B of the Transport Accident Investigation Act 1990. The Wellington District Court heard how on 28 March 2009 the Dominion Post published information taken from a confidential draft report into an incident still under inquiry by the Commission. TAIC had warned the newspaper twice beforehand that it would be breaking the law, while a later Dominion Post editorial went on to dispute TAIC’s legal interpretation and to criticize it for attempting to uphold the law.

“TAIC’s job is to discover and explain how an accident happens so the chances of a recurrence can be reduced, and to go about this fairly to those involved. If people felt they could not make full and frank disclosure to us without this being used against them improperly or that they will not get a fair hearing from us then our work and public safety will suffer. The law recognizes and the court has reaffirmed the importance of these protections in its sentencing,” said Chief Commissioner Bill Jeffries following the release of the Court’s sentencing decision.

“The news media plays an important role in transport safety through its own scrutiny of transport safety events, issues and participants. This includes helping build awareness and understanding of the safety lessons our completed inquiries draw from accidents. The news media is not, however, above the law’s determination of what is in the public interest to promote full and fair accident investigation,” said Mr Jeffries.

TAIC is an independent Crown entity established as a standing Commission of Inquiry by the Transport Accident Investigation Act 1990 to determine the circumstances and causes of accidents and incidents with a view to avoiding similar occurrences in future, rather than to place blame on any person.

Fairfax Sentencing Decision (pdf)

TAIC Summary of Facts (pdf)

ENDS

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