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My wife's 'been a hero in all of this' - John Banks

John Banks says it feels like he's woken up from a three-year nightmare following a Court of Appeal decision to set aside his conviction for filing a false election return.

The former Epsom MP says he's "glad" about a Court of Appeal decision to set aside his conviction for filing a false election return. Source: 1 NEWS

At a trial earlier this year, a court found Banks recorded two donations of $25,000 as anonymous despite knowing they were from internet mogul Kim Dotcom. He was found guilty in June of filing a false electoral return.

A new trial has now been ordered.

Mr Banks is confident he will not be not be convicted again.

"The sun is shining very, very bright in my life today," he told media in Auckland today.

He says the case has been tough on his wife, children and friends. He's says his wife Amanda was humiliated and insulted in the High Court and she was the one who hunted down the American businessmen.

"She has been a hero in all of this and she's put up with a lot."

When asked about rebuilding his political career the former Epsom MP hinted at running for Mayor of Auckland in 2016.

"I think I could do a great job but that's for another day."

In October, lawyers for Mr Banks told the court of "compelling" new evidence which they say proves he is innocent of filing a false return.

The former leader of the Act Party denied any wrongdoing and took his case to the Court of Appeal.

Banks' appeal was based on affidavit evidence from two US businessmen, David Schaeffer and Jeffery Karnes, who said they were at a lunch at the Dotcom mansion where the Crown alleged the donations were discussed.

The court decided to admit this evidence, ruling that it should be reconsidered at a new trial where the "credibility and accuracy of the witnesses" will be a matter for the court.

However, Kim Dotcom has tweeted that the business lunch with the Americans was days before the lunch at his mansion where Dotcom says donations were discussed.

"I'm not going to get into the pros and cons of what Dotcom is tweeting he's got enough problems, but my problems are over, his are just beginning," says Mr Banks.