Election 2011: Hearing delays media searches

National Party leader John Key and Act Party member John Banks during their cup of tea. Photo / Dean Purcell

Today's High Court hearing into the legal status of the teapot tape has postponed police raids on media outlets until tomorrow at the earliest.

Police investigating a complaint by Prime Minister John Key had intended to execute search warrants on Herald on Sunday, TV3, Television New Zealand and Radio New Zealand offices yesterday.

But they delayed the operation until after the High Court at Auckland considers the legal status of the taped conversation, a hearing which is scheduled to take place today.

The tape captured a discussion between Mr Key and Act's Epsom candidate, John Banks, which cameraman Bradley Ambrose claims was an accidental recording of a public chat.

Ambrose is also considering taking a defamation case against Mr Key, senior minister Steven Joyce and the National Party for comments made about alleged criminal actions and comparing the recording to News of the World tactics.

He has already asked Mr Key for a public apology, which the National Party leader has rejected.

If the court rules that the conversation was not private, meaning the recording was not illegal, it could strengthen a possible defamation case.

The teapot tape dominated coverage of the election and increased scrutiny on the future of Act last week. In the chat, Mr Banks is alleged to have agreed with Mr Key that Catherine Isaac, number two on the Act Party list, should be party leader.

Act leader Don Brash yesterday did little to quell speculation that he might not last a full three-year term if elected.

Asked if he might step aside for Ms Isaac if only two Act MPs were elected, he told Radio NZ: "I'm not going to make a decision at this point.

"Catherine Isaac is a first-class person, in my judgment. The [party] board put her at number two on our list, indicating clearly that she is a potential leader of the party, and I agree with that. I'm simply not going to speculate what's going to happen after the election."

Dr Brash has told the Herald he expects to remain leader for a full term, but added that the incentive to stay would diminish if Act had little leverage in the next Parliament.

He has not ruled out taking up an overseas diplomatic post.

Such a post was raised with him after National took office in 2008, but he declined.

Mr Key last week said he had not had any recent discussions about Dr Brash taking up such a role "to the best of my knowledge".