An application by Act MP John Banks to have a prosecution laid against him over an alleged false electoral return thrown out because of a lack of evidence has been rejected.
Banks is alleged to have knowingly received political donations from internet entrepreneur Kim Dotcom and SkyCity that were recorded in official returns as anonymous.
The allegations relate to two $25,000 donations from Mr Dotcom and a $15,000 donation from SkyCity.
The former party leader wasn't in the High Court at Auckland on Friday when his lawyer David Jones, QC, said the charge against Banks should be dismissed.
The Crown could not prove he had knowledge of any "falsity" in an electoral return filed over his unsuccessful tilt at the Auckland Super City mayoralty in 2010, Mr Jones said.