Act MP John Banks will remain in Parliament until it
rises at the end of July despite being found guilty of filing a
false election return today, Parliament's Speaker David Carter
Mr Banks was found guilty of knowingly filing a false
electoral return during his 2010 Auckland mayoralty bid, an
offence severe enough to see him automatically ejected from
However he must be convicted to trigger his removal.
Justice Edwin Wylie did not enter a conviction today and Mr
Banks' lawyer David Jones QC said there would be an
application for Banks to be discharged without conviction at
his sentencing on August 1.
Senior Cabinet Minister Gerry Brownlee pointed out Parliament
is scheduled to rise the day before on July 31 for the
election in September.
Any questions about Mr Banks' status in Parliament until then
needed to be directed to Speaker of the House David Carter.
"But as I understand it he is not convicted therefore can
remain in Parliament and exercise his vote."
A spokesman for Mr Carter said that until the August 1
hearing, "there is no change to Mr Banks status as a member
Mr Brownlee said the National Government faced no
difficulties in continuing to Govern until then.
"We still have the support of the United Future Party and of
course the Maori Party but I would stress that Mr Banks is
still an elected Member of Parliament able to exercise his
vote how he wishes according to the people who elected him."
Act Leader Jamie Whyte said today's verdict was "very
disappointing" but the matter didn't have "material
implications" for the party.
"John had already decided he wasn't going to stand again, we
have a new candidate for Epsom and a new leader so it doesn't
really change anything.
"It doesn't really involve Act to any great extent because it
involves events that happened during his mayoral campaign."
Mr Whyte said he was glad the trial was over "because it's
been kind of hanging over us and we want to just concentrate
on Act's policy agenda for the election not all these
Labour Leader David Cunliffe said Mr Banks' trial "sounded
the death knell for Act" and Mr Key "must finally acknowledge
what New Zealanders have known for two years - his Government
has been propped up by a corrupt politician".
"ACT MP John Banks has now been found guilty in the High
Court of filing a false electoral return. He was found guilty
in the court of public opinion two years ago. John Key turned
a blind eye to John Banks, refusing to read the Police report
which ultimately led to this prosecution."
Green MP Gareth Hughes said it was "a bad day for John Banks
but it's an even worse day for John Key".
"Here we see a Prime Minister who once said he would bring
higher ministerial standards to Cabinet, we see a prime
minister that's been propped by this discredited criminal MP,
a prime minister who wouldn't read the court documents, a
prime minister who trusted John Banks' word. It's John Key
who's the real loser in this decision."
- Jimmy Ellingham of APNZ