Fraser's action to continue despite board withdrawal

Ian Fraser

Former TVNZ chief executive Ian Fraser has vowed to continue his legal action against the state broadcaster despite the board withdrawing its statement that he was guilty of "serious misconduct".

The TVNZ board may also be forced to appear before Parliament's privileges committee after the finance and expenditure select committee supported National MP John Key's bid to have the board investigated for contempt of Parliament.

The investigation is over the board stripping Mr Fraser of his remaining duties and accusing him of serious misconduct after he appeared before the select committee last December and spoke about the board and TVNZ.

Mr Fraser, who resigned as chief executive in October and is serving out six months' notice on about $300,000, and Opposition MPs have alleged the board's actions in disciplining Mr Fraser for his evidence to the committee, where he was legally obliged to speak the truth, amounted to contempt of Parliament.

Two days ago board chairman Craig Boyce sent a letter to Mr Fraser and the select committee saying TVNZ wished to withdraw its assertion of serious misconduct and conceded its action could have breached the requirements of witnesses appearing before select committees.

However, Mr Fraser said the board's "so-called withdrawal" was "virtually meaningless" and he intended to continue with mediation.

His lawyer, Peter Kiely, said the board had simply withdrawn the paragraph containing the finding of serious misconduct and threat of sacking in the initial letter sent to Mr Fraser without removing the effect of that finding.

"But everything else remains, including the board resolution. Mr Fraser has not been reinstated to his duties and his benefits remain removed as a direct result of his comments to the select committee."

The parts of the letter expressing the board's "considerable concern" and calling Mr Fraser's evidence "quite inappropriate" remained.

Mr Boyce's letter was sent on Tuesday, the same day Mr Fraser filed for mediation.

Select committee chairman Shane Jones said although the board had withdrawn the misconduct accusation there was still a need for clarification on the protection witnesses at select committees were given and therefore the committee had unanimously decided to send the matter to the Speaker, Margaret Wilson.

"The Speaker will establish whether the developments that took place between the board and Mr Fraser contravened parliamentary process," he said.

Mr Key will now send a letter, with the blessing of the committee, to the Speaker who will determine whether there had been a breach of parliamentary rules and whether the board should be bought before the privileges committee.

Mr Key said the select committee's decision to send the matter to the Speaker was a "victory for the people of New Zealand".

"If someone turns up before a select committee they are entitled to believe that they can give evidence and do it in an unencumbered way."