Former Green Party MP Darleen Tana's lawyer says the party's co-leaders acted unlawfully when they "ejected" her from the party.
However, the Green Party's lawyer Tim Smith has told Judge David Johnstone that there is no evidence to show that former Green MP Darleen Tana was asked to resign before she quit the party.
The hearing for a judicial review of Chlöe Swarbrick, Marama Davidson and the Greens took place at the High Court at Auckland on Thursday.
Tana resigned from the Green Party in March after an inquiry into migrant exploitation, but wants to remain in Parliament as an independent MP.
The investigation found that Tana "likely" knew about allegations of worker exploitation at her husband's business and did not disclose them to the party.
Tana's lawyer Sharyn Green argued the Green Party, as an incorporated society, had not followed its own constitution and charter when it asked Tana to resign.
Darleen Tana outside the High Court at Auckland Photo: RNZ / Marika Khabazi
Green raised two points of contention: first, whether Tana had resigned of her own volition, and what she was being asked to resign from - the Green Party or from Parliament.
Tana's lawyer said her client was "ejected" in that she was pushed to resign. She argued it was not in the Green Party's constitution for members to be tested by their spouses or children's actions, and to use that as a measure of conduct would be an extension of the existing constitution.
Green argued "[Tana's] decision to resign was pushed on her; there was no other option for her", and claimed Tana's resignation letter was itself part of an unlawful process.
She also told the court the Green Party's charter and constitution had provisions for tikanga to be observed, but Tana felt tikanga had been breached in that she had not been respected in the process.
Sharyn Green - Darleen Tana's lawyer Photo: RNZ / Marika Khabazi
"She got the distinct impression that the first respondents were more keen to look good in front of the media, and to support migrant workers, even if it meant the migrant workers were falsely alleging something."
Green said Tana's photo was removed from the Greens' caucus website when she was temporarily stood down, and she was not invited to James Shaw's valedictory speech - which she felt was "hugely insulting".
Tana felt the process had been outside her control and she was "silenced" and refused natural justice.
Green said Tana felt that between Marama Davidson's call to her on 14 March - which she interpreted as asking her to resign from the Green Party - and subsequent meetings, the co-leaders were doubting her word and were not coming to the allegations with an open mind, and did not provide her with a written complaint by any Green Party members on what conduct of hers was bringing the party into disrepute.
The lawyer argued between 14 March and 5 July, the party and its co-leaders did not tell Tana explicitly she was being held responsible for the conduct of her husband - despite the fact this was being explicitly stated in these court proceedings.
"She's (Tana) been at sea for a lot of the time as to know what it is that's alleged against her, and she also doesn't want to see this process engaged in against anyone else," Green said, referring to Tana's affidavit.
Photo: RNZ/Marika Khabazi
Green lawyer - 'No evidence' Tana told to resign
Smith, for the Green party, referred to an email Tana wrote to the party on 6 July informing her resignation from the party.
"What she's doing in this litigation is denying her own agency," said Smith, who argued that Tana was abdicating responsibility for her own resignation to avoid the legal consequences of the waka jumping legislation which could eject her from parliament.
Smith said Tana's counsel seeking to declare the resignation as invalid was not something that could be done in a judicial review.
He said the Greens co-leaders followed the processes required in the MP code of conduct, including consulting Tana on the terms of reference and giving her time for right of reply.
Smith said Tana was provided a draft report of the investigation on 24 June, and given until 1 July to give feedback.
He said the draft report sets out the allegations and that Tana would have been aware that those would bring the Green Party to disrepute.
Smith said both Chloe Swarbrick and Marama Davidson had ongoing engagement with Tana before any decision was reached - prior to the "bombshell" email from Tana that she would resign from the party.
The hearing has concluded and the judge reserved his decision.
"The Judge has decided to reserve his decision following today's proceedings in Court. We will continue to be limited in what we can say about this case as it remains before the courts," said Green Party co-leader Chlöe Swarbrick.
"The Party will continue to deal with the situation in front of us and ensure we share all information transparently and openly in due process."
Tana said "no comment" when RNZ approached her after the hearing concluded.