Police say taping was unlawful, but only a warning given

The Herald reports:

Police will not lay charges against freelance cameraman Bradley Ambrose over the so-called “teapot tapes” affair, Assistant Commissioner Malcolm Burgess says.

He said police will issue Mr Ambrose with a warning after referring the matter to Crown Law.

“While police have issued a warning in this instance, we are clear that the actions of Mr Ambrose were unlawful.” …

“One factor taken into account is a letter of regret from Mr Ambrose which has been sent to the Prime Minister and Mr Banks. They have both indicated acceptance of this statement.”

This seems a reasonable outcome. It is useful to have the clear opinion of the Police that the actions were unlawful. Without that, it would give the media open licence to leave concealed recorders all over the place.

Stuff reports:

While he only received a warning, Ambrose’s actions were illegal, Burgess said.

Future occurrences were likely to be prosecuted.

“We were satisfied on this occasion that there was (prima facie evidence).

But police decided there was not sufficient public interest in the matter going to court, he said.

“I reached the view that a prosecution was not required in this instance.”

The same grounds on which Helen Clark was not prosecuted.