John Banks' lawyer says the former politician is appealing against his conviction for making a false electoral donation claim.
David Jones, QC, said on Wednesday the appeal could be heard this year or in 2015 and in the meantime Bank's sentence is suspended.
The former ACT MP for Epsom says he has new "unimpeachable" evidence that will overturn his conviction on the charge stemming from his unsuccessful bid to be Auckland's mayor in 2010.
On 1 August at the Auckland High Court, he was sentenced to 100 hours of community work and an overnight curfew of four nights a week for two months.