A complaint about John Banks' election return for the 2010 Auckland mayor contest has been referred to the police by the Auckland Council electoral officer, as required under law.
The complaint was made this week by Labour MP Trevor Mallard.
Mr Banks filed his return on December 9, 2010. Among his total donations of $948,937 he cites an anonymous donation of $15,000.
The successful candidate, Mayor Len Brown, declared a $15,000 donation from Sky City.
The Herald reported Sky City on December 13, 2010 saying it had given $15,000 to both Mr Brown and Mr Banks.
Mr Mallard contends that on the basis of that statement, Mr Banks' return was false in that he failed to correct his return.
Mr Banks, who is now the MP for Epsom and Act leader, has said he did not know who had made the donation at the time he filed it.
Electoral officer Bruce Thomas in responding to Mr Mallard today noted that under section 138 of the Local Electoral Act 2001, he was required to report to the police any written complaint alleging an offence had been committed.
"Accordingly, I advise that I am referring this matter onto the police for their attention."