In theory the Crown is subject to the Crimes Act – being a Crown representative acting for the Crown can not excuse anyone from being prosecuted under the Crimes Act.
The Crimes Act 1961
Section 216B Prohibition on use of interception devices
(1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.
According to the law – whoever intercepted Kim Dotcom’s communications committed a crime. Whoever that was they should be prosecuted under the Crimes Act. It’s hard to imagine a greater breach of this section.
It’s already been admitted publicly that the interceptions were illegal (Although I see the preparation work being done to argue that no devices were involved so therefore it was not a breach of section 216B of the Crimes Act… From the Herald:- Spying on the group began on December 16 last year and ended on January 20 but did not involve installing devices).
The Police have all the information they need to start a criminal investigation and should start investigating shortly… I feel another Tui Billboard coming on. The Police are probably asking themselves “How long can we avoid this and how long is the statute of limitations for illegal interception?”