By 3 News online staff / NZN
ACT leader John Banks will not be charged by police over allegations of undeclared donations by SkyCity and Kim Dotcom.
Mr Banks faced up to two years in jail if convicted of acting outside electoral laws in his handling of the donations.
He and his then-rival Len Brown both received $15,000 from SkyCity during their campaigns for the Auckland Mayoralty in 2010. Mr Banks put the donation through as anonymous whereas Mr Brown declared the source.
It was later alleged that Megaupload founder Kim Dotcom made a donation three times that size to Mr Banks.
Mr Banks listed the alleged donations from Mr Dotcom, totalling at least $50,000, as anonymous.
The Dotcom camp remain adamant Mr Banks knew the donation was from them.
Labour MP Trevor Mallard lodged a complaint, which has now been dismissed by police.
In a written response to Mr Mallard, police say Mr Banks was given an envelope with a $15,000 cheque in it at a meeting with SkyCity - but that it was a volunteer who said the donation was anonymous.
"At that meeting Mayor Banks received a sealed envelope containing a $15,000 cheque written out to 'Team Banksie 2010'.
"This donation was subsequently recorded in the Electoral Return by the Treasurer for Team Banksie as anonymous."
Police say they were "unable to establish that Mr Banks had the necessary knowledge that the donation had been recorded as anonymous in the return before he signed it and submitted it".
Police say there is insufficient evidence to consider a prosecution against Mr Banks. In addition to this, the six-month period during which such charges must be laid had passed when Mr Mallard’s complaint was lodged – 10 months after that period.
With regard to the Dotcom donations, police have established they were “personally solicited” by Mr Banks, but that the donations were recorded in the return by the Team Banksie Treasurer.
Police say they were unable to establish that Mr Banks had known the donation was recorded as anonymous before he signed the return and submitted it.
Mr Banks issued a statement on Thursday afternoon, acknowledging the "very professional and diligent" way police approached the investigation and interacted with him and his campaign team.
"We have always maintained that our 2010 electoral affairs were conducted within the law, and we are glad that these matters can now be put behind us," he said.
He also thanked his lawyer and supporters, and said he would not be commenting further.
3 News / NZN