IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2016-404-000088 [2016] NZHC 1596
UNDER THE Costs in Criminal Cases Act 1967 BETWEEN
JOHN ARCHIBALD BANKS Applicant
AND
THE QUEEN Respondent
Hearing: 7 July 2016 Appearances:
D P H Jones QC for the Applicant
J R Billington QC and M Wong for the RespondentJudgment:
14 July 2016
JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie on 14 July 2016 at 2.00pm
Pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:…………………………
Solicitors/counsel:
D P H Jones QC/Parlane Law, Auckland
J R Billington QC, Auckland/Crown Law, Wellington
BANKS v THE QUEEN [2016] NZHC 1596 [14 July 2016]
Introduction
[1] The applicant, Mr John Banks, seeks the costs of his defence, in relation to criminal proceedings brought against him by the Crown, from 3 December 2013 (being the date of a judgment by Heath J dismissing an application for review1) to 1
August 2014, when he was sentenced by me.2 Mr Banks seeks payment of
indemnity costs ($190,210) or, in the alternative, costs in such sum, in excess of the scale of costs prescribed by the Costs in Criminal Cases Act 1967, as the Court considers just and reasonable.
[2] The application is opposed by the Crown.
[3] Mr Banks filed an affidavit. So did Mr Michael Heron QC, who, at all relevant times, was the Solicitor-General and the Chief Executive Officer of the Crown Law Office. Neither Mr Banks nor Mr Heron were called for cross examination. Rather the hearing before me was confined to the presentation of submissions.
[4] The key issues were:
(a) should Mr Banks receive an award of costs, following on from his acquittal?; and
(b)if Mr Banks should receive an award of costs, what should be awarded?
Factual Background
[5] Mr Banks was a candidate in the 2010 Auckland mayoral election. In the course of his electoral campaign he raised substantial funds to assist in meeting the costs involved. Ultimately his campaign was unsuccessful. Nevertheless, as a candidate in a local election, Mr Banks was required to file a return of electoral expenses.3
[6] A return was prepared on Mr Banks’ behalf. He signed it and it was filed on
9 December 2010.
1 Banks v Auckland District Court [2013] NZHC 3221, [2014] NZAR 591; See below at [21].
2 R v Banks [2014] NZHC 1807; See below at [26].
3 Local Electoral Act 2001, s 109.
[7] Pursuant to the legislation then in force, the candidate was required to disclose in the return any electoral donation of more than $1,000 made by a single donor. Further, the donor’s name and address had to be disclosed, unless the donor made the donation anonymously. A donation was made anonymously if it was made in such a way that the candidate did not know who made it.4
[8] The return signed by Mr Banks disclosed many donations, including a number of donations of $15,000. Many of these were recorded as being…
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