By James Murray
Hours after a judge refused to rule on whether the Epsom “teapot tapes” were private, police have carried out a search of the Herald on Sunday and TVNZ's offices.
Two detectives arrived at the offices at around 3.30pm, and a lawyer for the newspaper has confirmed they executed a search warrant. The Herald complied with their requests.
The detectives refused to comment on what the warrant was for.
A search warrant has also been executed at TVNZ's Auckland offices.
The judge deciding on whether the ‘teapot tapes’ were private or public has declined the plaintiff’s application.
This means the ‘teapot tapes’ have not been declared public, however this does not mean the judge has ruled the conversation as private.
Judge Helen Winkelmann says she has made the decision to turn down the application because of the impending police investigation or trial.
In her judgment Judge Winkelmann said:
“I make it clear that I have not reached any view on whether this was a private conversation, and whether Mr Ambrose’s actions engage S216B. Indeed my decision turns upon the inadequacy of the evidentiary material before me to reach such a view, and in any event, the inappropriateness of my undertaking a mini trial as to whether certain conduct constituted a criminal offence, when exercising the Court’s civil jurisdiction, and in advance of a police investigation or trial.”
Read Judge Winkelmann's full teapot tape judgment.
According to Fairfax Media the decision clears the way for police to search TVNZ, Radio New Zealand, TV3 and the Herald on Sunday.
They quote Radio New Zealand head of news Don Rood as saying he expected a visit today - police had told him "see you on Wednesday" the last time they spoke.
Yesterday the footage was played to the high court by lawyers for Bradley Ambrose - the freelance camera operator who recorded the Banks Key cup of tea chat.
Mr Ambrose claims the café was a public place and therefore he did nothing illegal by recording it, even though the media were asked to move away by the Prime Minister’s staff.
Justice Helen Winkelmann, however, asked whether the media being moved on made it a private conversation.
Mr Ambrose’s team argued that there was no privacy because it was a public space and a public event.
This was an argument backed up by lawyer Julian Miles QC arguing the cup of tea chat was a piece of important political theatre.
“It is not open up to the players to say we want you to film this and not this other bit – that distinction is artificial,” says Mr Miles
But the Crown is arguing against any decision being made on whether the chat was public or private - as that could prejudice the ongoing police investigation.
Lawyers for Mr Ambrose say this is a special case and needs a decision before the election.
The Solicitor general argued justice should be allowed to take its course.
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