Any minute now, we should find out whether we are allowed to know the secret plans that John Key and John Banks were foolish enough to discuss in a public cafe in front of the country’s media, or whether that information will be denied us before we vote on Saturday.
Update: Judge has declined to make a decision:
A declaration on whether a conversation between John Banks and John Key in a Newmarket cafe has been declined.
Justice Helen Winkelmann has just released her judgement, saying she has not reached a view on whether it’s a private or public conversation.
So it can be published without breaking the law. Under s216C(1) of the Crimes Act, publication is only illegal if publisher knows the interception was illegal under s216B. No-one can now know that because s216B only applies to private communications and we are in legal limbo on whether the teapot conversation was private.