John Banks a no-show - again - for paternity case

The court heard that John Banks had not filed any response to the paternity application. Photo / AP

John Banks has failed to appear in court for the second time to face a paternity claim by a man who claims to be his son.

Antony Shaw has filed legal proceeding against the former Auckland mayor and Cabinet Minister alleging Banks had a relationship with his mother in the 1960s and that he is Banks' biological son.

Shaw is asking a judge to declare that Banks is his next of kin. Such an order would have legal implications for Banks' will.

The case was called for the second time today in the High Court at auckland.

Shaw's lawyer Jacque Lethbridge said she did not expect Banks to appear. The court also heard that Banks had not filed any response to the paternity application.

Justice Matthew Muir said the proceedings could go on "by way of substantive application".

"Should Mr Banks take no steps in relation to the substantive application, the matter will be determined in his absence.

"However Mr Banks is now to be given the opportunity to file any notification of opposition or affidavits in support."

Justice Muir gave Banks until July 14 to file a response to the proceedings. Shaw's lawyers will then have a further two weeks to respond before a date for a substantive hearing will be set.

Banks has so far refused to comment on the explosive allegations and not returned repeated calls, text messages and emails from the Herald.

Shaw, an English language teacher who lives in Japan with his wife and son, says the case is not about money but about certainty around his identity for him and his family.