06 May 2015 - The Independent Police Conduct Authority announced today that it has completed its investigation and report into the Police investigation concerning complaints about John Banks’ return of expenses and donations at the conclusion of the 2010 Auckland Super City Mayoral election. However, it is unable to release its findings due to ongoing court proceedings.
In April 2012 Police received complaints alleging Mr Banks had failed to properly declare details of donations as required under section134 of the Local Electoral Act 2001, and therefore committed a criminal offence.
Police conducted an investigation into the matter and eventually decided not to prosecute Mr Banks. However, a private prosecution was then launched against Mr Banks and he was found guilty on 5 June 2014, in the High Court, of one count of transmitting a return of electoral expenses, knowing it to be false in one or more material particular. Mr Banks was sentenced on 1 August 2014 to two months’ community detention and 100 hours’ community service.
Mr Banks appealed the conviction and, on the 28 November 2014, the Court of Appeal set aside the conviction and ordered a retrial.
Before the Court of Appeal’s decision, the Independent Police Conduct Authority received complaints about the original Police investigation and decided to independently investigate aspects of it.