Campaign manager resigns after admitting leaflet drop role

12.20pm - By BERNARD ORSMAN

UPDATE - John Banks' campaign manager Brian Nicolle has resigned and admitted that he "facilitated the distribution" of a newspaper article critical of Auckland City mayoral candidate Dick Hubbard.

Mr Nicolle offered his resignation to the Mayor at his Remuera home this morning.

In a statement released today Mr Nicolle said he had apologised to the Mayor.

"I visited John Banks at his home this morning to tell him that it was me who facilitated the distribution of the NBR article.

"John Banks has always said that he campaigns openly and honestly. He did not and would not ever approve this kind of activity. I have let him down."

Mr Banks said he knew nothing about the distribution of the National Business Review material about Mr Hubbard and was very disappointed at Mr Nicolle.

"Brian has huge talent and is a long-time friend of mine but he has made a critical error of judgment for which he has taken responsibility.

"I would never approve this kind of activity. I haven't and we are getting on now fighting the issues," Mr Banks said.

Mr Banks said the resignation did not affect his campaign - his 11th political campaign.

The resignation comes as Mr Hubbard is poised to lodge a formal complaint under the Local Electoral Act against Mr Nicolle over a mail drop of re-printed copies of a NBR "hatchet job" on the cereal maker.

Mr Hubbard is suing the NBR for $1.5 million after the paper published a series of stories on September 17 which centred on a claim that the candidate had lied during a television debate.

Mr Hubbard was 95 per cent certain he lay a complaint today with Auckland City returning officer, Dale Ofsoske, alleging that Mr Nicolle obtained and passed on copies of the NBR articles as unauthorised election material.

The allegations, which the act says must be handled by the police, carry a maximum penalty of two years in jail or a fine of up to $10,000.

Mr Nicolle was given rights by NBR to reprint the stories. He had previously admitted receiving the articles in digital form but denied reprinting them and circulating them to smear Mr Hubbard.

On Thursday Mr Nicolle told the Herald "I've got the PDF files but I have not distributed them all over Auckland."

Mr Banks said the campaign's legal advice was that a suggestion criminal charges could follow the distribution of the material was "humbug."

He said he now needed to get his opponents into the ring to find out what they stood for and Mr Hubbard could no longer use the distribution of the material from NBR as a smokescreen.

Mr Banks said a far worse article which appeared in Metro magazine about him (Mr Banks) was also being circulated.

"That is what I need to know, but you notice I am not snivelling to you and I haven't been to the police and I don't have a queen's counsel and I am not interested in lawyers.

"You have got to get tough and now that the smokescreen has gone Mr Hubbard needs to front up on national television tonight and tell us what he stands for."

Mr Hubbard has had a change of heart and agreed to go on TVNZ's Holmes show tonight with Mr Banks and the other main mayoral candidate Christine Fletcher.

He said he was now able to go on the show because it would involve all three candidates and the format had changed to a question and answer session rather than a debate.

All three candidates have also confirmed they would go to a meeting today convened by Maori activist Titewhai Harawira.

- additional reporting by NZPA