A helicopter company says it was challenged by Rugby World Cup organisers and the Economic Development Ministry after one of its copters was used to take aerial photos of Saturday's match between France and Tonga in Wellington.

Helipro central region operations manager Ned Lee said he was told yesterday morning by cup organisers and the MED that the branding on their helicopter was not allowed above the stadium and the company could be prosecuted if it was using the event to promote the company.

"I basically questioned that and said: `Well what's considered above it? How close can we get and how high do we need to be?' Because Air New Zealand planes can come over the top. He was definitely trying to stop us from doing it."

The first official case of RWC ambush marketing came on September 11 when scantily clad women working for Wellington's Mermaids strip bar handed out flyers on the Wellington Regional Stadium concourse.

The MED later warned the workers they could face $150,000 in fines.

Yesterday, Mr Lee said the cup representative also told him organisers were not happy about the noise and wind caused by the helicopter.

"I assumed he meant wind from the rotor wash. There's absolutely no way the rotor wash could have reached the stadium."

The company had made countless trips over the stadium in the past.

"We just feel like they were trying to bully us out of carrying on our normal business. They're just ridiculous. We want to carry on doing what we're doing and I guess had we not pushed the point and questioned it ... we would have lost the job which we are quite entitled to do."

Wellington City Council spokesman Richard MacLean said yesterday the council believed Helipro was within its rights to make the flight.

"From the council's point of view, Helipro has done nothing wrong. They are entitled to fly over and around the stadium."

MED spokesman James Funnell said the ministry was attempting to educate the business about advertising restrictions under the Major Event Management Act.

A solicitor had called Helipro after cup organisers expressed concern.

RWC communications manager Mike Jaspers disputed Helipro's version of events and said the representative's call to Helipro was "very civil".

"We never said it was a breach. All we said was that the flight could have breached [advertising restrictions] if it was seen as different from its normal course of business. We also pointed out that there are restrictions around commercial photography of RWC matches and asked what the purpose of the flight was."

- Fairfax NZ