By Dan Satherley and James Murray
Police, acting on a complaint from Prime Minister John Key, have executed a search warrant at TV3 in relation to the teapot tape saga.
As required by the warrant, TV3 has handed over footage shot at the infamous cup of tea between John Banks and John Key held at a central Auckland café on November 11; the audio recording made by freelance cameraman Bradley Ambrose that was given to TV3; a transcript of the conversation; and notes made by TV3 news director Mark Jennings regarding a conversation he had with Mr Ambrose.
The documents were handed over by TV3's legal counsel Clare Bradley.
Yesterday the judge presiding over Mr Ambrose's application it be ruled public declined to make a ruling.
This means the teapot tapes have not been declared public nor private, and as such are unlikely to be published before the election this Saturday.
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
• Live updates from the election campaign – click here
Mr Ambrose’s team argued that there was no privacy because it was a public space and a public event.
3 News