No charges against Banks
July 26th, 2012 at 1:42 pm by David FarrarThe Police have announced:
Police investigating allegations that the Hon John Banks knowingly transmitted a false electoral return have decided there is insufficient evidence to consider a prosecution for an offence under section 134(1) of the Local Electoral Act 2001.
This follows complaints about returns filed relating to donations from Sky City Casino, Mr Kim Dotcom and a radio advertising donation to the 2010 Auckland Super City mayoralty campaign of Mr Banks.
The inquiry has established the return was compiled by a campaign volunteer who assured Mr Banks it was accurate before Mr Banks signed and transmitted the return.
In terms of Section 134 (2) of the Local Electoral Act relating to transmitting a false return there is a statutory limit of six months from the time of elections when complaints must be laid. Police first received the complaint for investigation on 27 April 2012, well after the expiry of six month period. Police are therefore unable to consider charges pursuant to Section 134 (2).
That will be a relief to obviously John Banks, but also the Government.
The Local Electoral Act is quite deeply flawed, and I hope the Government introduces a bill to amend it, to brings its donation transparency requirements in line with the main Electoral Act.
July 26th, 2012 at 1:44 pm
I am sure Penny will be along shortly to apologise…
Vote:July 26th, 2012 at 1:47 pm
As noted elsewhere, no she wont. This will just reinforce her views that the whole world is corrupt.
But do feel free to prove me wrong Lady Batshit
Vote:July 26th, 2012 at 1:56 pm
There was another bloke in the news recently who relied on due diligence and signed a declaration that he thought was correct.
Vote:July 26th, 2012 at 2:06 pm
I posted this on the GD thread already, but I thought it summed up the case quite well:
Vote:http://publicaddress.net/hardnews/john-banks-the-volunteer-did-it/
July 26th, 2012 at 2:12 pm
Miss Dim is conspicuously absent! Where is the tenacious anti-corruption clown and supreme buffoon?
Vote:July 26th, 2012 at 2:14 pm
I am not a fan of Banks but I am happy to see this decision just because I know Labour, The Greens etc will be infuriated.
Vote:July 26th, 2012 at 2:23 pm
The EFb is a criminal bill introduced by Liarbour against over whelming public opposition which co-party National bought back under stealth as the country was closing down for Christmas holidays
The EFB is a huge proof of collusion between the nat/Lab coalition .
ACT was started by Nat/Lab MP’s and the public still can’t see
Vote:July 26th, 2012 at 2:27 pm
In the words of you know who.. ‘Nothing to see here Move right along”
Vote:July 26th, 2012 at 2:43 pm
To paraphrase Penny Bright’s words with a small addition:
In the meantime, I like others wait with bated breath for Penny’s fulsome and uncondition apology
Vote:July 26th, 2012 at 2:48 pm
Like everyone else, I am sure Penny will graciously concede she was wrong, apologise with good grace, and cease her harassment of Mr Banks.
Because Penny is, as we all know, gracious in defeat, rational, and able to admit that she was wrong.
In other news, I am able to offer a great deal on the Harbour Bridge, which I have for sale …
Vote:July 26th, 2012 at 2:50 pm
I should not expect Penny to apologise. Banks does not exactly come out of this squeaky clean, does he?
Vote:July 26th, 2012 at 3:47 pm
show me a squeaky clean politician milky? how about a squeaky clean public servant who never surfs the net on his employers time?
Vote:July 26th, 2012 at 4:07 pm
You have to question the independence of the Police when you read this sort of stuff. Not to mention badly written law, what other law in NZ has a 6 month statute of limitation.
Vote:For the record I believe banksie did it.
July 26th, 2012 at 4:09 pm
Yeah, good one Grendel. I’m on the net during working hours. That’s pretty much the same as arranging ‘anonymous’ political donations and covering my tracks by forgetting any details and getting a staff member to fill out the forms for me.
Vote:July 26th, 2012 at 4:23 pm
does not surprise me thats what you think.
you are stealing from your employer
Banks ‘might’ not have followed stupid rules around how one gets money for a political campaign.
so one is doing something dodgy with other peoples money and the other might not have followed bureacracy with his own (donated) money.
also shows that your ‘squeaky clean’ waffle is completely subjective.
Vote:July 26th, 2012 at 5:16 pm
MM: By your own admission you are a civil servant (ie, a Government Employee). Therefore, because at least in New Zealand, you are being paid by the taxes levied on the workers of New Zealand society, I am, albeit indirectly, actually paying your wages. I personally find this an interesting situation, since while you are on here between the hours of 0830 and 1700 (which you are frequently – your latest incursion being at 1609), your required hours of work, you are actually wasting my taxes.
I don’t know how others feel about this, but I find it somewhat offensive, yet no doubt as far as the PSA (and your site-delegate) is concerned this is quite acceptable, and evidently your immediate superior or HOD is adopting the Nelson touch in regards to your actions. Yet you have the temerity to actually crow about it – as if it is your ‘right’.
Sorry old chap, but that’s not the way its supposed to be, but no doubt you have salved your conscience and after years of getting away with this sort of behaviour and not being held to account, you no longer care bout any consequences, believing you are ‘untouchable’ thanks to the PSA cocoon you inhabit.
I would be interested to learn if others share my viewpoint, and no doubt your response will be enlightening (and during ‘working hours’ as well).
Oh, and BTW, politically, I’m non-aligned, just in case you wondered. . .
Vote:July 26th, 2012 at 5:39 pm
@ mikenmild (2.50pm); no; but Penny Bright has consistently accused Banks of being corrupt. She has harrassed him to the point where she has been trespassed from his electorate office. She is clearly fixated on him.
Vote:July 26th, 2012 at 5:44 pm
@KS: Perhaps the silly woman with the dead skunk on her head, really fancies The Hon. John Banks?
Yes, that’s it. She’s obsessed with him!
Explains everything.
Vote:July 26th, 2012 at 5:59 pm
Komata – you are not alone.
Even a cursory look confirms that Milkmilo sits at work each day (on the taxpayer payroll) surfing the net and tapping away on blogs. He is a self appointed expert on all things – but reality is not his friend. His latest proclamations about John Banks place him squarely as a 2012 version of Inspector Clouseau. But without the ability to actually solve a case!
Just another leftard with a sense of entitlement based on his indoctrinated belief that our tax dollars should somehow fund his devotion to social media.
Vote:July 26th, 2012 at 6:04 pm
Elaycee
Perhaps the Honourable MP for Epsom is just playing hard to get.
Vote:July 26th, 2012 at 6:35 pm
So let me get this straight…
Are you saying – that you accept David Bain is not guilty?
Vote:July 26th, 2012 at 6:53 pm
Not too many people here celebrating Banks’s let off. I wonder why?
Vote:July 26th, 2012 at 6:57 pm
Re Mr Blobby
Land Transport Act 1998 has a limit of 6 months for charges to be laid for traffic offences.
Vote:July 26th, 2012 at 7:32 pm
First of all he didn’t do it, then he couldn’t remember, now we know he did it but signed a declaration after (he claims, remarkable memory return) it’s contents were confirmed by a 3rd party.
Oh dear, what a way to avoid liability and mock the law. If he knew and solicited the donation, as the police say, he also knew what he was signing was false.
Vote:July 26th, 2012 at 7:59 pm
milky becuase most of us realise that all the laws around political donations are utterly pointless;
a) money does not win elections
b) the left break these laws so often and nothing happens anyway, we are used to nothing happening so never expected anything to happen this time either.
so there is nothing to celebrate, its just another example of the same result that happens every time someone breaks these pointless laws. hell if labour were not prosecuted for stealing 800K from taxpayers why should anyone be prosecuted for not following pointless bureacracy around private donated money.
Vote:July 26th, 2012 at 8:08 pm
‘Pointless bureaucracy’? I’m amazed that the fearless John Banks didn’t just tell the truth and openly express his contempt for such petty regulations.
Vote:July 26th, 2012 at 10:14 pm
well sadly banks probably believes in the pointless bureacracy, hes a statist from way back (which makes him being an ACT MP all the worse).
Vote:July 26th, 2012 at 10:47 pm
So this guy is a Minister? Signing documents and not reading them then using the 6 month statute of limitations to get off being charged is pretty damn low.
National have got a funny looking coalition partner here – Rodney decried rorts then tried taking his Missus around the world on the taxpayers dime, Banks won’t stand behind his signature and one of these eedjits was done for stealing dead babies’ identities.
ACT really are a pack of turkeys – thanks Epsom voters.
To try being more constructive, perhaps the Nats would do better to reach out to the Greens? Labour has treated them like shit for years so perhaps a limited sort of understanding could be drawn up?
It probably won’t be popular amongst commenters here but if the Nats can get along with the Maori party (sort of) then stranger things have happened.
Continue the flame war, cheerio..
Vote:July 26th, 2012 at 11:19 pm
oh look a troll.
Garrett improperly used a document for pecuniary purposes 25/27? years before becoming an MP. see without the hyperbole (OMG dead babies!!!!!) its a fairly dull crime.
some green mps have been charged the year before they became MPs. Some of them actively stand behind criminals and defend them, and you think that National should be reaching out to them? like hell.
Rodney did what ministers and MPs have been doing for decades and still do, the left got its knickers all in a twist when people pointed out the 13 odd times Chris Carter had taken his partner on trips. Rodneys crime was to not live up to the standards he and his party had set for themselves. however had he been a labour MP he would have been considered positively frugal by comparison.
so a good example of double standards by the left, and also an example of how if you set high standards for behaviour you need to live up to those examples before you judge others.
as to banks, meh i have no defence for the guy. he is a good signal of the death of a libertarian party. but i wont throw him to the wolves becuase trevor mallard wants to dig at desperate hopes to pin stuff on him. again, when i compare it to what the labour party did with taxpayers money, and the response of the left, this is beyond nothing.
Vote:July 26th, 2012 at 11:47 pm
Two words: Don Brash.
Vote:July 27th, 2012 at 8:01 am
The volunteer did it. FFS that is the end of political responsibility. Still does it really matter. Banks sole contribution will be Charter schools which is a distraction rather than a positive contribution to education.
Vote:July 27th, 2012 at 9:53 am
Why was the complaint not requested in the appropriate time required by Legislation Trevor ?
Assume that the Labour political voting rorts will be dealt with soon by the Police in respect of the last election ?
Vote:Or will they be time barred ?
July 27th, 2012 at 11:55 am
John Banks was investigated over complaints relating to his mayoralty donations and has been susequently exonerated, this is not to be confused with his parliamentary career with Act which is not subject to any investigation.
Vote: