Tauranga MP Bob Clarkson will take the witness stand in the High Court next week after being called by Winston Peters' lawyers as they seek to oust him for overspending during the election.
Mr Peters won't be appearing in court as he's overseas at the Commonwealth Heads of Government meeting in Malta and Mr Clarkson has opted not to call him.
In October, Mr Peters' lawyer, Brian Henry, filed an election petition alleging the National MP - who took Tauranga from Mr Peters by 730 votes - overspent the $20,000 campaign spending limit by at least $80,000.
If Mr Peters wins the petition, the seat will be vacated and a byelection will be held. Mr Clarkson will be barred from standing.
Mr Clarkson confirmed yesterday that he and his campaign manager, Wayne Walton, had been called by Mr Peters' lawyers to appear at the hearing starting on Monday in the district council chambers.
The hearing is set down for a week before three judges - chief High Court judge Justice Tony Randerson and Justices Lowell Goddard and Graham Panckhurst.
Mr Clarkson denies overspending and said he was confident he would defeat the petition. He had opted not to call Mr Peters because he did not want to embarrass the country.
Under the Electoral Act, which governs how election petition cases are conducted, the judges will report to Parliament's Speaker, Margaret Wilson, who announces the result.
Tauranga campaign cost fight begins on Monday
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