Prime Minister John Key expects that Solicitor-General Michael Heron will take over the prosecution of ACT leader John Banks.
The MP for Epsom has been ordered to stand trial for electoral fraud after allegedly filing a false return after the 2010 Auckland mayoral election.
Mr Heron has written to retired Wellington accountant Greame McCready, who brought the private prosecution, saying he is now reconsidering his early decision not to prosecute Mr Banks.
John Key says normally, the Solicitor-General would prosecute such a case.
Mr Key says he has always accepted Mr Banks' word that he did nothing wrong, but Mr Banks will have to present his case in court.
