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New Zealand politician (born 1946)

John Archibald Banks (born 2 December 1946) is a New Zealand former politician. He was a member of Parliament for the National Party from 1981 to 1999, and for ACT New Zealand from 2011 to 2014. He was a Cabinet Minister from 1990 to 1996 and 2011 to 2013. He left Parliament after being convicted of filing a false electoral return – a verdict which was later overturned. In between his tenures in Parliament, he served as Mayor of Auckland City for two terms, from 2001 to 2004 and from 2007 to 2010. When seven former smaller councils were combined into one to run the Auckland 'supercity' in 2010, Banks unsuccessfully ran for mayor again. The electoral return that he filed after that campaign, detailing donations received and campaign expenses, was the subject of Banks' conviction and eventual acquittal. From the age of two he was raised by an aunt and uncle, alongside "many foster children". When John was 14, Archie was released from prison. They moved to Auckland and John attended Avondale College. He grew up in poverty. In a 2014 speech to Parliament he recalled [G]oing to school every day in an ex army uniform with no shoes; [ ] stealing other kids' lunches; going home to bread and milk – at best – at night, cooked over an open fire with sugar on top; if I am very lucky, taking WeetBix covered in dripping to school each day; and living in a very dark hole. That is child poverty.

In his career before entering politics, Banks worked as a market researcher in the pharmaceutical industry, as a commercial property developer, and as a restaurant owner. He served for a time as Chairman of the New Zealand Licensed Restaurant and Cabaret Association. Banks began his political career in local body politics with election to the Birkenhead Borough Council in 1977. In 1980 he was elected a member of the Auckland Regional Authority for Birkenhead.

In the 1978 general election, Banks stood as the National Party candidate for the Roskill electorate, but was unsuccessful. Banks ran against Labour Party incumbent Arthur Faulkner, seeing the electorate as an opportunity to enter parliament, due to Faulkner's small majority in 1975 and the electorate's newly redrawn boundaries. Banks campaigned full time in the Roskill electorate, driving a Holden HQ during his campaign (instead of his Jaguar), and caused major controversies when making comments about Polynesian New Zealanders. In the 1981 election, he stood in a different seat, Whangarei, and won. He would retain this seat for the remainder of his parliamentary career with the National Party. While Minister of Police, he was fined $750 for answering his cellular phone on a commercial flight in 1991.

On the final reading of New Zealand's 1986 Homosexual Law Reform, John Banks said that "This day will be remembered as a sad and sickening day for New Zealand. A very black cloud tonight and those members who[ ]vote for legalised sodomy at the age of 16 should be thoroughly ashamed of themselves," and voted against the Bill. When debating New Zealand's 1993 Human Rights Act, which would prohibit discrimination against gays and lesbians based on sexuality, Banks said that "The problem with this homosexual business we've now made legal in his country and parliament is soon going to legislate to allow sexual deviants or people with sexual alternatives to work with immunity."

Banks gained a position as the host of a talkback radio programme on Radio Pacific in August 1992, taking over the Sunday afternoon timeslot from former Prime Minister Sir Robert Muldoon, for whom he had occasionally substituted during 1991 and 1992. In 1995, his fellow National Party Member of Parliament John Carter rang his programme impersonating a workshy Māori called Hone, which caused widespread offence. He left the station in 2007 when it reformatted to a sports talkback format.

In 1996, he resigned from Cabinet, becoming a backbencher, after he refused to be in the same cabinet as New Zealand First leader and coalition partner Winston Peters. Banks retired from Parliament at the 1999 election, returning in 2011. He also said Asian immigrants had filthy habits such as spitting on footpaths.

A serious and ultimately successful challenge to Banks' mayoralty came from cereal maker Dick Hubbard in late August 2004. Six weeks before the election, Hubbard was the more popular candidate in opinion polls. The mayoral campaign gained notoriety as one of the "nastiest" and hardest fought in memory. In September 2004, Banks's campaign manager, Brian Nicolle, resigned amidst allegations of "gutter politics" after he ordered distribution of copies of a National Business Review article highly critical of Hubbard to hundreds of letterboxes in Auckland. Nicolle at first denied ordering the article distribution, but eventually admitted it. That he'd acted without the authorisation of Banks as the candidate made the story even more controversial during the campaign. On 9 October 2004, Hubbard was elected as Mayor of Auckland. In early interviews after his election loss, Banks stated that he would look after his varied business interests, both in New Zealand and Australia.

For a time, rumours suggested that he might return to national politics, standing as a candidate either for the National Party or ACT New Zealand. Several meetings took place between Banks and senior ACT members. In the end, however, Banks declined to become an ACT candidate. While on the talkback show, a caller said that "six inches of barbed wire shoved up gay mens arses" which John Banks retorted, would be a waste of "good barbed wire." In 2006, Banks said on his talk back radio show that he had " never seen so many dead beat losers in one photograph in all my life, that is outside a Labour Party conference, as these Māori Warriors for Safe Sex." This was in relation to a safe sex advertisement that was targeted at Māori men who have same sex relations. Banks ditched the controversial Eastern Corridor proposal that caused a split in his voting base. In July 2007 Banks announced his intention to stand for mayor in the October 2007 local body election, running on a platform of "affordable progress" and transparency in council meetings. Polls soon showed him in a clear lead. In 2010, Banks campaigned for and negotiated with the government to help owners of 'leaky homes' meet the costs of repairs. On 13 October 2007, Banks was re elected as Mayor of Auckland, becoming only the second mayor in Auckland City's history to have come back to the mayoralty after defeat, after Dove Myer Robinson in 1968.

Upon his successful re election, Banks indicated a number of initial changes and spending cuts in order to meet his goal of keeping future rates increases at affordable levels. Banks and the Citizens and Ratepayers council majority re introduced a streamlined council structure, bringing in five super committees instead of the previous 14 committees. Banks has also campaigned on job creation and economic development initiatives, such as a film friendly policy for Auckland, to attract television, movie and commercial filming. The benefits of the film industry was reported as almost $900 million in GDP activity for Auckland region. His personality, especially during his first mayoral term, has been called that of a bully, "raised by Sir Robert Muldoon in the ways of the bear pit". However, it has been commented that his leadership style became much less brusque and confrontative in his second term, something he himself ascribes to the "long, cold shower" he received in being defeated by political newcomer Dick Hubbard in the 2004 elections.

Banks supported the creation of a unitary authority or a "supercity". After the Royal Commission on Auckland Governance recommended and the Government confirmed it would introduce a single council for the Auckland region, Banks stood in the 2010 Auckland mayoral election for the new Auckland Council. Banks has been critical of some of the aspects of the new supercity, favouring increased powers to the local boards that would represent people at the grassroots level. Banks was unsuccessful, with Len Brown elected the first "supercity" mayor. Brown's margin over Banks was more than 65,000 votes. Banks declared as "anonymous" donations to his campaign that had been made by Kim Dotcom. He is accused of knowing that Dotcom had made them, leading to ongoing court action – see false electoral return accusation.

On 18 May 2011, Mr Banks moved back to national politics by joining the ACT New Zealand Party. He stood in the Epsom electorate in that year's general election, becoming the sole MP for the party, and subsequently its leader. In parliament, he supported the National Government and was appointed as a Minister. Before the end of the parliamentary term, he was found guilty of filing a false electoral return in 2010. In 2013 John Banks voted in favour of the Marriage (Definition of Marriage) Amendment Act 2013, which allowed same sex couples to marry within New Zealand. He resigned as an MP on 13 June 2014.

Two weeks before the 2011 election, Banks and Prime Minister John Key had a very public cup of tea together in a cafe in Newmarket. This was seen as an endorsement of Banks by Key as the pseudo National candidate for Epsom. Numerous members of the media covered the meeting but were eventually asked to leave so Banks and Key could talk in private. Journalist Bradley Ambrose left a recording device on the table, and subsequently gave the recording of the politicians' conversation to the Herald on Sunday newspaper. The recording allegedly contained comments about the leadership of ACT and disparaging remarks about elderly New Zealand First supporters.

The ACT Party attracted only 1.07% of the party vote in the election. However, Banks won the Epsom electorate and become the party's sole MP. Party leader Don Brash resigned shortly thereafter and in February 2012, Banks was unanimously voted ACT party leader by the ACT board.

Banks served as Minister of Regulatory Reform, Minister for Small Business, Associate Minister of Commerce and Associate Minister of Education in the Fifth National Government until resigning the ministerial portfolios on 16 October 2013.

When Banks was committed to trial in October 2013 over his false 2010 electoral return (for the Auckland mayoralty), he resigned his Ministerial positions. He remained as an MP and leader of the Act Party. After being found guilty in June 2014, he resigned from Parliament.

The High Court found that Banks knew that two donations of $25,000, both declared as anonymous, were from Kim Dotcom. Dotcom had offered a single $50,000 donation, but Banks requested two cheques of $25,000 – this being the maximum amount allowed as an anonymous donation at the time under the Local Electoral Act 2001. Banks resigned from Parliament on 13 June, ahead of sentencing on 1 August 2014.

This sequence of events is drawn from the judgement in Banks' 2014 trial.

Having failed in his bid to become Mayor of Auckland, Banks returned to national politics, re entering Parliament as the Member for Epsom in the November 2011 general election. He was ACT's only MP. Dotcom had refused to support the ACT Party's campaign.

In January 2012, police raided Kim Dotcom's mansion, seized a range of assets, and arrested him on suspicion of copyright violation. He was held in Mt Eden Prison, in John Banks' Epsom electorate. The bedding aggravated his bad back and he wanted his own mattress from his mansion. He had his solicitor, Gregory Towers, contact Mr Banks for help. Towers and Banks spoke on the phone for half an hour. Notes that Towers made at the time showed that Banks was unwilling to publicly support Dotcom in case "it b/comes known about election support etc". This note became an important piece of evidence, being accepted by Justice Wylie to refer to the $50,000 given by Dotcom, and to show that Banks knew it was not public knowledge. Days later, Dotcom himself told The New Zealand Herald and TV3's Campbell Live programme about his own donations, saying that the $50,000 was split at Banks' request, that the cheques were written out in the presence of Banks, and that Banks called him a few days later to thank him. Two complaints, including another from Mallard, were made to the police about the Dotcom donations. (Like Mallard, the second complainant had also raised the SkyCity donations.) The Police subsequently investigated, interviewing a number of people including Banks and Dotcom. In July 2012, Assistant Commissioner Malcolm Burgess announced that there was insufficient evidence to prosecute Banks and that the complaint was laid outside the statutory six month time limit.

After the Police declined to charge Banks in relation to the donations, retired accountant Graham McCready brought a private prosecution against him instead. This went to court in December 2012. In April 2013 the judge found in favour of McCready, ruling that there was "sufficient evidence" for the case to go to trial. Banks subsequently resigned as a Minister of the Crown, but not as an MP. About a week after the ruling, the Solicitor General took over the prosecution from McCready. Banks then sought and lost a judicial review of the judge's decision. The trial began on 19 May 2014, with the guilty verdict delivered on 5 June.

Justice Edwin Wylie convicted Banks on 1 August 2014. He was sentenced to two months' community detention and 100 hours of community work. The community detention essentially works as a curfew from 7pm to 7am on Thursday, Friday, Saturday and Sunday nights during which he must remain in his residence. Within a week, Banks filed an appeal, claiming that new "watertight" evidence would exonerate him. His sentence was placed on hold and the Court of Appeal heard his appeal on 29 October. Signed affidavits from two new witnesses, American businessmen David Schaeffer and Jeffery Karnes, stated that they were at the lunch on 5 June 2010, and that there was no discussion about splitting the $50,000 donation into two parts. Kim and Mona Dotcom had both denied that the men were at the lunch in question. The Court of Appeal reserved its decision until late November, when it overturned Banks' conviction and ordered a retrial so the American businessmen's affidavits could be considered.

An amendment to local electoral laws nicknamed the 'John Banks bill' passed its first reading in November 2012. It tightens restrictions on campaign donations, and was directly inspired by the 'anonymous' donations to Banks' 2010 mayoralty campaign. The Local Electoral Amendment Bill passed its third reading and became law in June 2013. Local Government Minister Chris Tremain said "The Bill limits anonymous donations that a candidate can keep to $1500, clarifies and tightens the definition of 'anonymous donation', increases disclosure obligations and requires electoral officers to publish candidate returns of their donations and expenses." The bill also increased penalties for non compliance.

In 1990, Banks was awarded the New Zealand 1990 Commemoration Medal. He was appointed a Companion of the Queen's Service Order for public services in the 2000 New Year Honours, and a Companion of the New Zealand Order of Merit, for services to local body affairs, in the 2011 Queen's Birthday Honours.

In 2016 Antony Shaw, an English language teacher living in Japan, launched legal proceedings against Banks as a paternity claim. In the High Court proceedings, Shaw said his mother Pamela Mayes told him he was conceived during a relationship she had with Banks in 1969, and that when she told Banks she was pregnant that he had ended the relationship. In a sworn affidavit, Mayes alleged that Banks procured drugs that would make her miscarry, and pressured her into taking the necessary dosage, which she refused to do. In 1999 Mayes told Shaw his real father was John Banks. First Mayes and later Shaw contacted Banks to request confirmation of paternity but this was denied. Banks also denied the request for a DNA test. After hearing evidence in the High Court case, Judge Courtney declared that Banks is the birth father of Antony Brett Shaw.