Was the teacup tape conversation private?

By now most people know something about John Key's cuppa with ACT's Epsom candidate John Banks.

It was supposed to be a piece of political theatre that would end with the Prime Minister giving Epsom voters his implied consent to vote for Mr Banks.

But a microphone in a pouch on their table means it hasn't ended there at all. Mr Key complained, and the police are investigating.

So on what basis did he make his complaint? On this the law is clear: it is illegal to record a conversation between two parties when neither knew they were being recorded.

The question remains: Is it fair to assume neither party knew they were being recorded? Was it - as both Mr Key and Mr Banks maintain - a private conversation?

Think you know the answer to that question?

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source: newshub archive