The decision of Judge Mill is out read the full decison here Banks summoned on election return 19 4 13
he finishes up saying
I do not think: it can be said that the prosecution has no prospect of success. There is sufficient evidential foundation for a summons to issue. The provision for private prosecutions in our law is itself an important check on potential abuses of prosecutorial discretion conferred on the Executive: Gouriet v Union of Post Office Workers  AC 435 at 498, so the police decision not to prosecute cannot, in my view, strongly militate against issuing a summons in a private prosecution where the requirements for doing so are otherwise met.
[ 44] I agree that there will be significant media interest if the prosecution of Mr Banks goes ahead. However that would also have been the case if Mr Banks had been prosecuted by the Police or by the Crown. The likelihood of media interest
cannot be a ground for declining to allow a prosecution to proceed. In my estimation strong media interest indicates a strong public interest, which would tend to support the contention that it is appropriate for the case to be answered in open court.
[ 45] Likewise, the character of a proposed infom1ant or his or her personal wherewithal to successfully prosecute a privately brought charge cannot, in my opinion, influence the summons discretion. What is impotiant is whether the proposed informant is able to give substance to the allegations. If so, the informant is entitled to access to the courts.
[ 46] Accordingly for the reasons already given I authorize the issue of the sunm1ons and direct that it then be transferred to the Auckland District Court.
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