A bouncer who posted on the internet video footage of England rugby captain Mike Tindall flirting with an old flame has taken a case to the Court of Appeal.
A jury found Jonathon Dixon guilty in April 2013 of dishonestly obtaining security camera footage. He was was sentenced in August that year to four months' community detention and 300 hours' community work.
During his trial, Dixon maintained he was allowed to download the footage, because he had full access to the computer as an employee of the bar in Queenstown where it was taken.
Mike Tindall - who is married to the Queen's granddaughter Zara Phillips - was in the South Island resort town with members of the England side during the Rugby World Cup in September 2011 when the footage was taken.
The essence of Dixon's appeal case revolves around whether video footage is property. His lawyer told the court on Thursday a normal photo could be considered property but an electronic image would not meet the legal definition.
The Crown was making its submissions on Thursday afternoon.