[4] His main political rival, John Sangster Macfarlane, and his supporters, petitioned the Government over the eligibility of Von der Heyde to be a Member of Parliament, due to his German birth.
Von der Heyde produced papers showing his naturalisation as a British subject in the Colony of South Australia, however the petition questioned if his naturalisation applied to other parts of the British Empire, or merely the Colony of South Australia.
On 11 August, the executive council approved the naturalisation of Von der Heyde in New Zealand, and on 8 September, a second by-election was held.
[4] As a member, Von der Heyde posed questions on public acts works, such as ports and railways projects.
Later in life, Von der Heyde was a consul for Germany,[7] however his role in the Henderson & Macfarlane company caused conflicts of interest, and he stood down from the position.