By Angela Beswick
A court hearing over whether the contents of the ‘teapot tape’ are private is underway at the High Court in Auckland.
Freelance cameraman Brad Ambrose filed proceedings last week, seeking a declaration on whether a conversation he recorded between Prime Minister John Key and ACT’s Epsom candidate John Banks was private, after a staged media event at a café on November 11.
Chief High Court Judge Justice Helen Winkemann was this morning shown 45 minutes of uncut TV3 footage from the event. Lawyer for Mr Ambrose, Davey Salmon, pointed out once media were ushered from the table reporters remained inside the café, close to Mr Banks and Mr Key. This suggested not only could reporters hear the conversation, but directional microphones on cameras could pick it up. Reporters were not asked to turn off microphones.
The black bag containing Mr Ambrose’s recorder was evident on the table throughout the footage.
Mr Key has refused to say what he discussed, arguing that the conversation was private and has likened the recording to the tactics used by former UK tabloid newspaper the News of the World.
Solicitor General David Collins is representing the Crown, Mr Key has lawyer Andrew Caisley representing him, Mr Salmon is representing Mr Ambrose and representatives for MediaWorks (TV3) are also present.
Mr Salmon says the legal action on Mr Ambrose's part is not about profit-taking or publicity, but about his reputation and legal rights.
Police have delayed executing search warrants on four media organisations until after the court makes a declaration.
But Victoria University media law lecturer Steven Price says the court has a choice over whether to make a declaration - and may choose not to, because of the police investigation.
"What they usually do in cases where there's disputed facts or whether there's some other process for determining what the law should be, such as a criminal prosecution, they're usually reluctant to give a declaration, they'll say `look, let the law take its course'," Mr Price told Radio New Zealand.
"If a declaration's granted ... it probably means the criminal investigation won't go ahead, the search warrants won't go ahead and media can go ahead and publish."
Lawyers representing Mr Ambrose say he is considering a separate defamation action, over allegations made about his credibility.
3 News / NZN