Banks a no-show for paternity case
A man is taking former politician John Banks to court in a bid to prove the two-term Auckland mayor is his father.
However, neither the 70-year-old nor his legal representative appeared in the High Court at Auckland for the start of the case.
Antony Shaw, 47, alleges Banks, a social conservative and former Cabinet minister, met Shaw’s mother in Hamilton in 1968 when she was working as a nurse.
The ex-politician was 22 at the time of the alleged encounter.
Justice Timothy Brewer was told by Shaw’s counsel, Jacque Lethbridge, that Banks had, after considerable difficulty, been served with papers on April 13 this year.
However, Justice Brewer noted the court summons eventually served did not have an appearance date and Banks now had the opportunity to appear in court in two weeks’ time.
Because of difficulties contacting Banks, Justice Brewer also ordered ‘‘substituted service’’ document-serving to Banks.
Cockcroft d’young Moorhouse law firm director Preston Thomas could now be served Banks’ court papers, he ordered.
‘‘If any of this case today appears in the media, Mr Banks will know what’s going on,’’ Justice Brewer said.
Shaw, an English language teacher who lives in Japan with his wife Noriko and son Kent, also did not appear in court.
If the paternity claim is proven, Banks, a wealthy businessman, could be declared Shaw’s next of kin.
There would then be legal implications relating to potential claims against Banks’ will.
Banks had been uncommunicative over her client’s claims and Shaw had ‘‘no option’’ other than to pursue the case through the courts, Lethbridge said.
Shaw had brought the court case ‘‘for no other gain than to have Lethbridge said.
‘‘[He] wishes to have the details of his biological father recorded on his birth certificate (which details at this stage remain blank) and for his son to know who his paternal grandfather is with certainty.
‘‘This has been a harrowing and difficult experience for Mr Shaw and the step he has taken, he has not taken lightly.’’
In New Zealand, paternity/ maternity lawsuit respondents cannot be compelled to give DNA, which would effectively determine paternity.
Banks has three children who he and wife Amanda Medcalf adopted from a Russian orphanage in 1995.
The next High Court hearing is set for June 29. certainty’’,