TVNZ has received a search warrant from police seeking footage of the 'cup of tea' meeting between National leader John Key and Act candidate John Banks.
The pair met at an Auckland cafe last Friday as a show of support for Banks in his bid to win the Epsom seat in the General Election.
However, there has been much debate about the meeting after it emerged a recording had been made of it.
TVNZ and Radio New Zealand were among media contacted yesterday by police investigating a complaint from Key over the recording.
Neither organisation has handed over any material at this stage and TVNZ is considering its legal position.
"Before we provide copies of video footage of the Key/Banks cup of tea meeting to police, our internal lawyers will review the warrant to ensure it's legally compliant," said Cliff Joiner, editor of news gathering, ONE News/TVNZ.
"This is standard practice at TVNZ, police often execute search warrants on ONE News for copies of footage relating to criminal investigations, we do not consider this warrant seeking news footage to be unusual."
Joiner said ONE News kept the field tapes shot by two TVNZ cameramen of the Key/Banks meeting after police indicated their intention to execute a search warrant.
He said there were two tapes with approximately 50 minutes of video.
"ONE News has broadcast all relevant footage from the tapes including shots of the bag containing the hidden recording device sitting on the table during Key and Banks meeting and Key looking inside the bag and then handing it to a member of the DPS," Joiner said.
TVNZ has not heard the tape. The RNZ material in question is an interview the radio station conducted with the cameraman, Brad Ambrose, who is at the centre of the controversial recording.
Ambrose is seeking a court ruling on whether the conversation was private.
A hearing to determine the legal status of the recording will go ahead in the High Court on Tuesday.
In an affidavit obtained by ONE News Ambrose says it never occurred to him that recording was prohibited, "as there were members of the press and the public within earshot of the table Mr Banks and Mr Key were sitting at."
Ambrose's lawyer Ron Mansfield told TV ONE's Breakfast this morning they are not interested in the tape being released but want to clear the cameraman's name.
Mansfield believes his client has been defamed but said legal action is costly and takes time that Ambrose can't afford.
A judge will hear submissions from Ambrose, the Solicitor General, and various media organisations who say this is a significant matter of public interest and want it resolved quickly.
Key says he will respect any decision the court makes, but will not make a submission in his defence.