ACT MP John Banks is applying to the High Court to have criminal charges against him thrown out for lack of evidence.
John Banks. Photo: RNZ
Mr Banks is due to stand trial in May over a charge or filing a false electoral return.
The High Court has already upheld a District Court that there was enough evidence to commit Mr Banks to trial.
At a hearing on Wednesday morning, Mr Banks' lawyer David Jones said his client would apply for the charge to be dismissed by the trial judge, who has the discretion to do so before the trial goes ahead.
Mr Jones said the application would again be on the basis of a lack of evidence.
Justice Brewer has set a hearing date in April for the application.
