MP heads to court to stop meeting that could evict them from Parliament

Former Green MP Darleen Tana is heading to court today in an attempt to stop the party from using the waka jumping law against them.

Tana filed proceedings against the Greens to prevent a meeting, scheduled for the weekend, to decide whether to oust the now independent MP from Parliament.

The interim injunction aims to block the Greens' special general meeting from taking place, as well as calling for a judicial review of the party's co-leaders Chlöe Swarbrick and Marama Davidson, and the party.

Tana's problems with their former party stem from allegations of worker exploitation at their husband's business and Tana's failure to disclose their knowledge of the situation.

The Greens have called on Tana to resign, which they have not done.

The party has a contentious history with the party-hopping legislation which they were opposed to.

But they've now said they would use it to evict Tana from Parliament if the party's membership agrees. The legislation only requires the party's leader to begin the process.

Swarbrick said the legal challenge was in line with Tana's actions over the last few months.

She told Morning Report she didn't want to go into any legal details, before saying: "We're going into this with good faith as we have with every single step of this process."

Swarbrick also refused to speculate on the legal worth of Tana's case, however, the Greens would be offering "full transparency" once the hearing was finished.

Asked about who would be paying the legal bills for the Greens, she said a lawyer was working on a pro bono basis.

"I really do implore the media and the public to ask them [Darleen Tana] that ... I think there is due questions to be asked on the other side."

A hearing is due to get under way at 10am on Thursday at the Auckland High Court.