John Banks might find himself cast out of the National Party if it transpires he is also a member of Act.
Act president Catherine Judd said publicly yesterday that she believed Mr Banks, who has signalled an interest in standing as Act's Tamaki candidate, was an Act member.
While Act members can also join other political parties, National's constitution forbids dual political party membership.
The Herald understands Ms Judd's statement raised questions among a number of National's Auckland members - already riled by Mr Banks' talk of a tilt at Tamaki - about a possible constitutional breach.
National's Tamaki electorate chairman, Andrew Hunt, said membership was confidential and he could not say whether Mr Banks was still a National member.
But he was aware of Ms Judd's comments and "if he is a member of the National Party we will be having a conversation about that".
Mr Banks, a former National Cabinet minister, told the Herald last night that he was a paid-up member of the National Party and had been since 1972.
Asked if he was a member of Act he said: "I don't know. You see I'm not close to the Act Party, I'm a financial supporter."
Told Ms Judd said she understood he was a member, he said: "I don't worry about these things."
But he said he had been a "generous" financial supporter of National and could not believe the party would risk losing that contribution.
Asked which party he would opt for if National did require him to decide, he said: "It's not a matter of choosing. I've got enough dollars in the piggy bank to give enough bob to both parties."
National Party president Judy Kirk confirmed its constitution forbade dual membership, but she said the issue had not been raised with her.
If it was drawn to her attention, it was something she would take to the party's board to consider.
Mrs Kirk said Mr Banks' Tamaki plug was not a concern, and she continued to rule out any possibility of an electoral accommodation being reached between Act and National over either Tamaki or Epsom. National's new Tamaki candidate, Allan Peachey, was an "excellent candidate", she said, and the party was fully behind him.
Mr Hunt warned Mr Banks that he would "alienate a lot of his old supporters" in National if he contested Tamaki for Act.
Although Tamaki has traditionally been a National seat, incumbent MP Clem Simich won it with only a narrow majority last election, and Labour won the party vote.
Aside from wanting to stem the negative internal fall-out caused by making electoral accommodations in the past, National strategists are also aware that any accommodation in Tamaki might split the vote and secure a Labour win.
National Party leader Don Brash, meanwhile, shrugged off Act claims over the weekend that his party had become a "Labour Mini Me".
"I'm not concerned at assertions from Act that we are too centrist. At the same time Labour has been asserting that we are too far to the right. If we are offending other parties roughly equally, we must be getting it about right."
As a major political party, National had to contend with Labour for the middle ground and "that has always been the case".
Punishment in store if Banks part of Act
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