ACT MP John Banks will apply to have charges over an alleged false electoral return against him thrown out because of a lack of evidence.

Banks is to face trial in the High Court at Auckland over allegations he filed a false electoral return during his failed bid for the Auckland mayoralty in 2010.

A High Court judge has reserved his decision in the judicial review of Act leader John Banks' committal to trial on a charge of filing a false election return. The court today heard arguments from Banks' lawyer, David Jones, that a District Court judge had made errors of fact in committing Banks to stand trial. But Solicitor-General Michael Heron QC, who has taken over the case from private prosecutor Graham McCready, said any factual errors were matters to be decided at trial, and not by judicial review.

He was excused from appearing when the matter was called today, where Justice Timothy Brewer said Bank's lawyer David Jones, QC, had until the end of March to file an application to dismiss the charges.

The Crown must file with the court and serve to Banks all the evidence it intended to call at the trial by March 21.


A pre-trial hearing has been scheduled for early April and the trial has been pencilled in for 10 days in May.

Banks, Act's sole MP, stood down as party leader because of the prosecution.

He is alleged to have knowingly received political donations from internet entrepreneur Kim Dotcom and SkyCity that were recorded in official returns as anonymous.

The allegations relate to two $25,000 donations from Dotcom and a $15,000 donation from SkyCity.