The ACT party leader, John Banks, was absent from court on Tuesday, where he is facing a private prosecution over his 2010 Auckland mayoral electoral returns.
A retired Wellington accountant, Graham McCready, is taking a private prosecution against Mr Banks in the Wellington District Court for knowingly filing a false electoral return.
John Banks was investigated by police after it was revealed he had not declared donations by Sky City and the internet businessmen Kim Dotcom during the mayoral campaign.
The police found there was insufficient evidence to proceed with charges against Mr Banks.
Mr Banks, who was excused from appearing to attend a funeral in Auckland, will next appear in court on 11 February 2013.
Graham McCready has previously brought a private prosecution against the Labour MP Trevor Mallard, following a fracas in 2007 with the National MP Tau Henare. Mr Mallard was convicted of fighting in a public place and ordered to pay $500 to the Salvation Army.
