Key Takeaways
- Garry Robertson, a businessman behind the Ocean Ridge development in Kaikōura, has filed a defamation claim against the Kaikōura District Council and one of its employees, Clibbery.
- The claim arises from emails sent by Clibbery, in which he called Robertson a racist, selfish, arrogant, and "complete prick".
- Robertson is seeking $1 million in ordinary damages and $250,000 in punitive damages from both the council and Clibbery.
- The emails were sent after Robertson lodged a plan change application to add 150 homes and increase the size of the supporting town centre.
- The Kaikōura District Council has been named as a defendant in the defamation action and will be seeking legal advice.
Introduction to the Defamation Claim
The recent release of emails has led to a defamation claim being filed by Garry Robertson against the Kaikōura District Council and one of its employees, Clibbery. The emails, which were sent by Clibbery, contain defamatory statements about Robertson, including calling him a racist, selfish, arrogant, and "complete prick". The claim arises from these emails, which were sent after Robertson lodged a plan change application to add 150 homes and increase the size of the supporting town centre in the Ocean Ridge development.
Background to the Dispute
The dispute between Robertson and Clibbery began when Robertson sent an email to various council officials and employees, including Clibbery, outlining concerns he had over what he saw as "unacceptable behaviour" at a local drifting track. Nearly three weeks later, Robertson made a request to the district council under the Official Information Act for all documents containing his personal information. In February 2024, he received the documents, which included two emails from Clibbery’s council account. These emails contained the defamatory statements about Robertson, which have led to the defamation claim.
The Defamatory Emails
The emails sent by Clibbery contain a number of defamatory statements about Robertson. In one email, Clibbery writes that Robertson is a "complete prick" and that he is the "consummate taker who gives nothing back". He also states that Robertson is "arrogant, entitled, self-righteous, selfish, racist, hypocritical, over-confident in their abilities and to a significant degree detached from normal society". Clibbery’s claims that Robertson is a "consummate taker" whose objective is to "drive Kaikōura property prices higher without any regard for the broader social consequences" are also defamatory. The statement of claim alleges that these statements are defamatory and untrue.
The Defamation Claim
The defamation claim, which has been filed by Robertson, seeks an order for ordinary damages of $1 million against both the council and Clibbery, to be further quantified at trial. Robertson is also seeking a further $250,000 each for punitive damages. The claim alleges that the defendants have acted in "flagrant disregard" of Robertson’s rights and with "malicious intent". The statement of claim says that Robertson has only ever met with Clibbery once, "in about 2019 for about five minutes" before a council group meeting. The Kaikōura District Council has been named as a defendant in the defamation action and will be seeking legal advice.
Response from the Defendants
When approached by the Herald, Robertson declined to comment. The Kaikōura District Council’s chief executive, Will Doughty, confirmed that the district council received a copy of defamation proceedings and "will be seeking legal advice". Clibbery also declined to comment. The defamation claim is currently ongoing, and it is unclear how the court will rule on the matter. However, the claim highlights the importance of being careful when making statements about others, particularly in a professional setting.
Conclusion
The defamation claim filed by Garry Robertson against the Kaikōura District Council and Clibbery highlights the importance of being careful when making statements about others. The emails sent by Clibbery contain a number of defamatory statements about Robertson, which have led to the defamation claim. The claim seeks significant damages from both the council and Clibbery, and it will be interesting to see how the court rules on the matter. The case serves as a reminder of the need to be mindful of the language used when communicating with others, particularly in a professional setting.