Detective to start scrutiny of 'hatchet job'

By BERNARD ORSMAN

A police detective will investigate claims under the Local Electoral Act against Auckland City Mayor John Banks' former campaign manager Brian Nicolle that carry a maximum penalty of two years in jail or a fine of up to $10,000.

A lawyer for mayoral candidate Dick Hubbard yesterday laid a complaint under the act on the grounds that Mr Nicolle sent out unauthorised material designed to denigrate the businessman and increase Mr Banks' re-election chances.

Electoral returning officer Dale Ofsoske received the complaint at 2.30pm and delivered it to the Auckland Central Police Station at 3.15pm.

Mr Nicolle resigned as Mr Banks' campaign manager on Monday after admitting he was the person who "facilitated the distribution" of a series of articles in the National Business Review that Mr Hubbard has labelled a "hatchet job".

Mr Banks, a former Minister of Police, has repeatedly said he knew nothing about the reprinting and distribution of the articles.

Mr Hubbard is suing the newspaper for $1.5 million over the articles on his business and personal life in a separate case.

A police spokeswoman said a detective senior sergeant from the combined investigation unit would investigate the complaint by speaking to a number of parties, including Mr Nicolle, NBR and companies and people involved with printing and distributing the material.

She said it was unlikely the investigation would be completed before postal voting ended on October 9.

The police could take legal advice from their own lawyers or the Crown Law Office before deciding whether to press charges against Mr Nicolle.

Mr Hubbard said Mr Nicolle's resignation was an honourable thing to do but it did not mean he should escape the scrutiny of the law.

In another development yesterday, the Herald was told that 30,000 copies of the NBR articles were reprinted, not 17,000 copies as stated by another source on Monday.

The source said the articles were headed for suburbs where polling by Mr Banks' campaign team showed large numbers of swinging voters.

The Herald has learned of copies being delivered to Mt Eden, Epsom and Onehunga.

Meanwhile, a Holmes 0900 poll last night attracted 6548 votes with most, 3135 (47.8 per cent), preferring John Banks as mayor.

Dick Hubbard gained 2608 votes (39.8 per cent) and Christine Fletcher 803 (12.2 per cent).

A Herald-DigiPoll at the beginning of the campaign had Mr Hubbard almost 5 points clear of Mr Banks.

The Herald was phoned yesterday by a Remuera woman who said she had received a copy of Metro magazine's "derogatory article" on Mr Banks in her letterbox.

The Herald is yet to sight a copy.

If you have one please let us know at newsdesk@nzherald.co.nz