AUCKLAND (Stuff.co.nz / Pacific Media Watch): The High Court at Auckland has refused to rule on the privacy of Prime Minister John Key and ACT's John Banks' tea conversation, as New Zealand police prepare to search news outlets over the recording, reports Fairfax Media.
Freelance cameraman Bradley Ambrose, who recorded the meeting at a media opportunity in an Epsom cafe two weeks ago, yesterday sought a court declaration that the conversation was not private.
Chief High Court judge Justice Helen Winkelmann delivered her decision today, saying she declined to make the declaration as it would amount to a "mini-trial" in advance of a police investigation into the matter.
"It is difficult to escape the conclusion that the police would be deterred from pursuing not only the investigation but also any potential prosecution by the existence of such a declaration."
She said she did not feel she had enough factual evidence to decide whether the conversation was private or not.
She had not heard from either Banks or Key on their expectations of whether the conversation was private and there had been no evidence from others there on the day as to what they thought of the privacy issue.
Accidentally recorded
Ambrose's lawyers said he had accidentally recorded the conversation and comments on his actions were defaming him.
The incident is also being investigated by police after it was referred to them by Key.
It is illegal to secretly record a private conversation.
The decision cleared the way for police to search four news media organisations - TV3, TVNZ, Radio New Zealand (RNZ) and the Herald on Sunday - for material related to the taping.
Head of News at RNZ Don Rood told Fairfax Media he expected a police visit today.
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