| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA428/2014 [2014] NZCA 575 |
| BETWEEN | JOHN ARCHIBALD BANKS |
| AND | THE QUEEN |
| Hearing: | 29 October 2014 |
Court: | Ellen France P, Wild and Miller JJ |
Counsel: | DPH Jones QC and K Venning for Appellant |
Judgment: | 28 November 2014 at 11.30 am |
JUDGMENT OF THE COURT
AThe application to adduce the evidence of Messrs Schaeffer and Karnes is granted.
BThe application to adduce evidence of Mr Dotcom’s driving conviction is declined.
C The appeal is allowed.
DThe conviction is set aside and a new trial ordered.
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REASONS OF THE COURT
(Given by Miller J)
Introduction
John Banks stood for the Auckland mayoralty in the local body election held on 9 October 2010. He lost. Nearly two months later, on 9 December 2010, and by now the holder of no public office, he signed the return of electoral expenses and donations that the Local Electoral Act 2001 required of him.
The return had to disclose any electoral donation of more than $1,000 made by a single donor.[1] The donor’s name and address had to be disclosed too, unless the donor made the donation anonymously. A donation was anonymous if made in such a way that the candidate did not know who made it. Mr Banks’s return categorised as anonymous two donations, each of $25,000, that were made on 14 June 2010.
[1]Local Electoral Act 2001, s 109. We refer here to the legislation as it stood at the time the return was transmitted. It has since been amended extensively.
It is an offence to transmit a return of expenses knowing it to be false in any material particular.[2] The Crown charged that Mr Banks knew the return was false because he knew the identity of the single donor who made the two donations.[3] The donor was Kim Dotcom.
[2]Local Electoral Act, s 134.
[3]He was also charged in relation to another donation made by SkyCity, but was found not guilty.
Mr Banks denied knowing that the donations had been made at all, still less that they were categorised as anonymous in the return. His knowledge of these things was the central issue at his trial before a Judge alone in the High Court at Auckland, at which he was found guilty.[4]
[4]R v Banks [2014] NZHC 1244, [2014] 3 NZLR 256 [High Court conviction decision]. He was sentenced to two months community detention and 100 hours community work: R v Banks [2014] NZHC 1807.
The proof of knowledge was not straightforward. Mr Dotcom made the two donations using consecutive cheques drawn on the account of his company Megastuff Ltd, and a member of his staff banked them without recording the depositor’s name on the deposit slips. Mr Banks’s campaign staff would have identified Megastuff as the donor had they seen the cheques, but they did not, and the campaign’s bank statements did not identify the donor. So far as…
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- Banks v R [2014] NZCA 575
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- [2014] NZCA 575
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