Garrett could face misconduct probe

David Garrett is confronted by the media at Parliament. Photo / Mark Mitchell

Former Act MP David Garrett, a lawyer, could face a professional misconduct investigation.

Mr Garrett resigned from ACT yesterday after his future was questioned following his admission to Parliament that 26 years ago he used the identity of a dead baby to get a false passport.

He was arrested for that in 2005, faced a court and was discharged without conviction.

But he did not tell the court about a 2002 conviction for assault in Tonga, leading the judge to conclude that apart from the passport fraud he had led a blameless life.

It was that which caused party leader Rodney Hide to withdraw his support for the MP.

Mr Garrett insisted the decision to resign from ACT was his alone, but it was clear he had no choice after Mr Hide told him on Thursday night he wasn't able to support his action.

"New information that came to light regarding the affidavit David swore in his 2005 court case made it impossible to defend his position as a member of the ACT caucus," Mr Hide told media yesterday.

"In light of this, it has become clear to David that it would be inappropriate for him to remain in his position as an Act MP."

Mr Garrett has taken two weeks leave to decide what to do next.

He can stay on as an independent MP until the next election, or resign from Parliament and allow the next candidate on ACT's list to take his place.

A former head of the Law Practitioners Disciplinary Tribunal, Nigel Hampton, QC, told the Dominion Post he suspected the Law Society would start an inquiry into Mr Garrett without waiting for a complaint to be laid. It would look at whether Mr Garrett's passport scam and misleading the court were serious enough to warrant action for professional misconduct.

- NZPA