As reported this week, lord mayor Nuatali Nelmes had a lawyer issue cease and desist instructions about a flyer she believes is defamatory.

The flyer appears to have been authorised by businessman Paul Murphy, who Cr Nelmes has requested a public apology from and threatened to sue for $100,000 in damages.

Mr Murphy initially told the Newcastle Herald to "contact John Church about that" but later said he couldn't comment.

Cr Church, the Newcastle Independents lord mayoral candidate, also refused to comment because it had become a legal matter.

Asked on Thursday whether the Newcastle Independents had any link to the flyer, Cr Elliott - who leads the independents' Ward 4 ticket, said she hadn't "received it"

"It hasn't been delivered in my letterbox, I don't know anything about it," she said.

But Cr Elliott did take aim at Cr Nelmes for taking legal action, saying she had been the target of similar material authorised by Labor but had "just got on with it".

"I've stood for an election three times and each time the Labor party has done a negative leaflet," she said.

"I haven't done anything about it. You just move on and focus on the community.

"They're very personal, there is misinformation and ... and some things don't make any sense or are not true.

"It's a bit rich that if the lord mayor gets one that she has been complaining about ... the Labor party have done this three times to me. It's a bit like crying wolf isn't it?"

The NSW Labor-authorised flyer targeting Crs Elliott, Church and Robinson suggests Crs Elliott and Church voted against projects like 15 new playgrounds and flood-mitigation works.

"We have never voted against those things individually. We had voted against the budget because of increased rate raises," Cr Elliott said.

"So what Labor has done, to be a bit cute, is go through the budget and pick out things people like, and then say we voted against them.

"They stretch the truth ... I don't think voters like it."

The Herald approached Crs Nelmes and Declan Clausen for a response to Cr Elliott's comments. Cr Clausen, Newcastle Labor's campaign spokesman, defended the party-authorised flyer.

"Every comment by Labor can be rigorously fact-checked and is verifiable," he said.

"Kath Elliott and John Church have voted against every budget of council - voting against important investments in every suburb of the city, including 15 new playgrounds, 13 kilometres of new footpath, the Wallsend flood-mitigation works, upgrades to local centres at Beresfield, Shortland and Kotara, $42 million in upgrades for sporting facilities, and the city's solar farm.

"Services and infrastructure can only be delivered when councillors support a budget. It's as simple as that."

There has been extra emphasis on letter-boxing this election due to COVID and the ban on handing out electoral material within 100 metres of polling booths.

Rankin Park resident Lyn Rendle said it was a shame to have received flyers "without any positive message".

"These past Liberal and so called 'fake Independents' may deserve criticism, but council elections run with this low campaign is not what we need or want," she said.

"My heartfelt response to this is to wish there was someone to be proud to vote for.

"What have and will any of you do for us?"

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