Peters rules out trying to add eighth MP

NZ First leader Winston Peters has ruled out trying to add another MP to his party's numbers in Parliament through the byelection he is trying to force in Tauranga.

Mr Peters' lawyer Brian Henry has filed an election petition in the High Court alleging National MP Bob Clarkson - who took Tauranga from Mr Peters - overspent the $20,000 campaign spending limit by at least $80,000. If Mr Peters wins, Mr Clarkson, who denies overspending, would lose his job and a byelection would be held where he would be barred from standing.

It is apparently open to Mr Peters - although there was disagreement among electoral law experts yesterday - for him to resign as a list MP if he wins back Tauranga.

That manoeuvre would create a list vacancy and allow NZ First another MP from its list, giving it eight seats in Parliament instead of seven. National would lose a seat, cutting it to 47 MPs.

But Mr Peters appeared to rule out such a move yesterday, saying: "Not everybody's a charlatan like the Herald reporters are. Some people do have integrity and a record for it."

Asked what that comment meant, he said: "Isn't that clear? Only a charlatan would even conceive of that idea."

Mr Henry said: "The scenario of Winston Peters resigning as a list MP to come in as a constituent MP to gain himself an extra seat is not something that Winston Peters would do."

Labour, meanwhile, is preparing to aid Mr Peters by not standing a candidate should a byelection arise.

President Mike Williams was "absolutely certain" Mr Peters would win his case. Labour's back of the envelope estimate was that Mr Clarkson had spent about $47,000.