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Home / New Zealand

'It's certainly possible': Privacy lawyer says potential for Simon Bridges to stop more phone recordings being released

NZ Herald
18 Oct, 2018 07:49 PM3 mins to read

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National leader Simon Bridges discussed a $100,000 donation and the fate and contribution of fellow National Party MPs in a phone call with Jami-Lee Ross. Photo / Mark Mitchell

National leader Simon Bridges discussed a $100,000 donation and the fate and contribution of fellow National Party MPs in a phone call with Jami-Lee Ross. Photo / Mark Mitchell

A privacy lawyer says National Party leader Simon Bridges could file an injunction against Jami-Lee Ross amid more potential phone recordings.

Ross released audio of a telephone call he shared with Bridges on Wednesday, which he alleges proves Bridges committed electoral fraud.

Within the six-minute recording, Bridges and Ross discuss a $100,000 donation from Yikun Zhang and the fate and contribution of fellow National Party MP's.

The rogue MP also said he has more recordings of conversations shared between the two which supposedly provide evidence of Bridges' false electoral return.

However, DLA Piper partner John Hannan told the Herald the National Party leader could file an injunction against Ross from releasing more recordings.

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"It's certainly possible," he said.

"The first thing to note is that it's not unlawful to record a conversation that you're a party to, even if you don't tell the other party you're recording it.

"Private investigators are not allowed to record stuff like that but ordinary citizens are, even if they don't tell the parties they're recording it."

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Hannan, an experienced privacy lawyer, said Bridges could apply for an injunction on the basis of breach of confidential information.

"If the information has got the necessary level of confidentiality then you potentially can get an injunction on someone who has come by it from disclosing it.

"I think Simon Bridges would have a pretty reasonable basis that these were intended to be confidential conversations," he said.

Hannan said Ross could argue he was releasing audio recordings on the basis of public interest.

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If it's deemed the recordings talk about the administration of Government, Ross could argue the public has a legitimate interest in their discussion.

However, Wellington media lawyer Steven Price told the Herald Bridges could argue against the recordings being released under public interest.

"If the recording has some significance for some sort of electoral offence then I think you've got a pretty easy public interest argument.

"If the recording doesn't, which is what Simon Bridges seems to be saying, then I'm not sure you do have a public interest defence.

"But there may be public interest in the way Bridges is discussing various ethnicities and the way he is describing the competency of some of his employees," Price said.

Hannan said getting an injunction against Ross would be difficult and could be counterproductive as well.

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"He would need to have a careful judgment about whether or not overall the downside in terms of people thinking he must have something to hide."

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