Fox free to discuss matter, House told

By RUTH BERRY political reporter

Despite claims to the contrary, former Maori Television Service chief executive Derek Fox was not restrained from discussing the harassment complaint against him, Maori Affairs Minister Parekura Horomia seemed to confirm yesterday.

Mr Horomia told Parliament, after repeatedly dodging questions on the issue from Opposition MPs, that Mr Fox had sought to prevent discussion by asking MTS for a confidentiality agreement.

But although it seems clear Mr Fox sought to restrain MTS from commenting rather than vice versa, details around what the parties agreed would stay confidential were still confused.

A statement released by MTS to the Herald yesterday suggested Mr Fox may have restrained himself, but Mr Horomia told Parliament no agreement bound Mr Fox.

Mr Fox said on TV One's Sunday programme he had never sexually harassed anyone in his life, but he could not talk about the complaint because "I had an agreement with MTS which prohibits me - restrains me - from discussing that".

Mr Fox told Sunday he was disappointed MTS board chairman Wayne Walden had said he had quit in the middle of a "human resource" issue, as this breached the agreement.

Mr Walden told Sunday that MTS sought no agreement and nothing prevented Mr Fox commenting on his reasons for leaving.

That prompted Opposition MPs yesterday to ask who was telling the truth and after many questions it appeared Act leader Richard Prebble had got a straight answer out of Mr Horomia.

Mr Prebble: "One interpretation still lies open ... and it is this: yes, Mr Fox's lawyers sought a confidentiality agreement and yes, it was granted, but in no way does that confidentiality agreement prevent Mr Fox from saying what has happened; it might prevent the Maori Television Service.

"It might be helpful if he [Mr Horomia] could clarify that, because that would indicate that Mr Fox has been telling porkies in the media."

"That is correct," Mr Horomia said.

Mr Walden's statement said the agreement enabled Mr Fox to comment on his reasons for leaving.

But it also said that as part of the agreement between the parties "it is an essential term that confidentiality be maintained, particularly in relation to the complaint [and] the identity of the complainant".

Mr Fox has always maintained he resigned because he was fed up with the undue scrutiny Maori television came under. This could explain why MTS says Mr Fox can talk about his reasons for leaving under the agreement, but why he can maintain he is restrained from speaking about the complaint.

But this remained unclear last night. Mr Fox continued to refuse to return Herald calls and MTS would not expand further.