John Banks will return to Auckland District Court tomorrow to face a private prosecution over a charge of filing a false election return.
The matter was adjourned today after the man taking the prosecution, Graham McCready, was stranded in Wellington airport after his flight was cancelled due to bad weather.
Banks' lawyer David Jones, QC, told the court the no-show was "hopeless and unacceptable".
He said flights had been able to leave Wellington this morning, but Mr McCready had chosen to rebook on a flight tonight.
