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Cabinet Minister Trevor Mallard has been summoned to appear in court and face an assault charge next month - and the taxpayer may have to fund the case.
Wellington District Court Judge Bruce Davidson issued the summons after an application for a private prosecution by Wellington accountant Graham McCready.
Mr McCready picked up the summons yesterday and has contacted a solicitor to send the document by registered post. He told the Herald he would seek legal aid to take the case.
The charge is section 196 of the Crimes Act 1961. "Assaulted Tau Henare," reads the summons.
Addressed to Mr Mallard's electorate office in Hutt City, the summons states: "YOU MUST attend the court at the time and place stated in this summons. If you do not, a warrant for your arrest may be issued without further notice to you."
Mr Mallard's office said yesterday he had not been served with a summons and he wasn't commenting.
The assault of the National MP allegedly happened in Parliament's lobby after Mr Henare had made jibes in the House about Mr Mallard's private life.
Mr McCready himself is no stranger to court proceedings. He faces about 40 tax-related charges and is due in Wellington District Court next month.
He had also attempted to bring private prosecutions against former Prime Minister Rob Muldoon. He said yesterday that Prime Minister Helen Clark had described him as a "small minded malicious person". He hit the headlines this year after revealing an employee of the New Zealand Qualifications Authority had been selling the agency's old surplus computers cheaply on Trade Me.
And in 1999 he tried to bring a $199,000 defamation claim against a former fellow Scout leader from the 1980s who, he claimed, had accused him of stealing Scout funds. The case was dropped because the alleged defamation was too long ago.
Mr McCready said yesterday there was a "whole raft" of principles which had prompted him to take legal action. "You cannot have someone standing up and punching someone and not expect them to face the consequences."
Mr McCready said he hoped Mr Mallard would admit the charge in court as he had already done so in Parliament. However, under Parliament's rules, statements made under privilege cannot be used to bring a prosecution against a minister.
Under the Summary Proceedings Act, anyone can bring a private prosecution regardless of whether they were involved in the incident.
If the summons is served, Mr Mallard is due in court on Monday, December 3. It is unlikely any resulting conviction would have an impact on Mr Mallard's position as an MP.
Under the Electoral Act, a minister is sacked from Parliament if convicted of a crime punishable by two years or more in prison. The private prosecution against Mr Mallard has been brought under the Summary Proceedings Act, carrying a maximum sentence of six months.
