Darleen Tana says they were fairly elected as a list MP and have no intention of resigning. Photo: RNZ / REECE BAKER
Former Green MP Darleen Tana has responded to the party co-leaders' formal request they resign, saying they have no intention to do so - and disputes the Greens' arguments around proportionality.
Last month, Chlöe Swarbrick and Marama Davidson formally wrote to Tana (who uses they/them pronouns) to inform them that by refusing to resign from Parliament, Tana's continued presence in Parliament distorted its proportionality.
On 1 September, Green Party delegates will hold a Special General Meeting to decide whether to use the so-called party hopping legislation to remove Tana from Parliament entirely.
Writing to Tana is one of the requirements of the legislation, but the co-leaders have made it clear they will not take the final step of writing to the Speaker without the backing of the party membership.
At the time, Swarbrick said members would be able to consider Tana's response, if they decided to write one.
Tana's letter in response
Now, writing in response to the co-leaders' letter, Tana has argued they are not distorting Parliament's proportionality, and that the legislation can not reasonably be invoked.
"I was fairly elected as a List MP during the 2023 General Election. I have done nothing which would require the Speaker to expel me from the House and I have mahi to do, so I will not be resigning," Tana wrote.
Tana said the "high standard" for determining disproportionally had not been met.
They said that since resigning from the Greens, they had instructed Te Pāti Māori to submit their proxy vote in alignment with the Greens' vote, so the Greens' voting strength was not affected. They said the Greens would lose one primary question every 47 days of Parliament sitting.
Tana also argued the Green Party had significantly overestimated the cost to the party's budget by not having 15 Green MPs.
"It is at the very least contestable that cessation in membership is in and of itself sufficient to meet the requirement as the distorting condition. The fact that the Green Party needs to invoke the legislation to remove me from Parliament shows that this is a moot point," Tana wrote.
Tana said Green Party members and non-members had encouraged them to stay on as an independent MP.
They observed that the existence of the Green Party would have been at risk if the legislation existed at the time of its creation, as the first Green MPs split from the Alliance.
"The Green Party going against its long-standing position to invoke the Act once means that you could invoke it again. Thus invoking in this particular case will lead to a chilling of possible dissent across the Party," Tana wrote.
Speaking to reporters at Parliament on Tuesday afternoon, Tana said it was not about finding a way around the legislation.
"It's not a way around any legislation, it is a reality that I joined the Green party for the values of the Green party.
"I lived and I breathed those values working alongside members in the ngāhere in Te Tai Tokerau, in the moana, around Te Moana Nui ō Toi.
"Nothing has changed in terms of who I am as an independent. I uphold those values, so it is quite normal that I would be voting in the same way."
Tana spoke of becoming uncomfortable with the Green Party.
"I became uncomfortable for the Greens in the Parliament. And what I also see, having lived the experience that I have, looking back, the tohu were right there from the beginning.
"The decision for me to resign was predetermined right from the get-go."
Green Party co-leader Chlöe Swarbrick answers questions about Tana. Photo: RNZ / REECE BAKER
Labour backs Greens using waka-jumping law
Te Pāti Māori co-leader Debbie Ngarewa-Packer seemed reluctant about taking on Tana's proxy vote, saying they felt obliged to do so.
"I don't think it's happy, I think it's a courtesy relationship that's happened in the past with other independents as well, so I don't think happy's the word, I think we're obliging on the fact that no one else was going to support her.
"I think to be honest we were sort of hoping that Greens would take control of the situation and it is really their situation to take control of."
Labour leader Chris Hipkins said Tana was distorting Parliament's proportionality, and the Greens would have his full backing to use the waka-jumping law.
"Darleen Tana should resign from Parliament, she's resigned from the Green Party, the honourable thing to do is to resign from Parliament as well, she's now distorting the proportionality of Parliament, this is not what New Zealanders voted for at the last election.
"Ultimately, New Zealanders voted for the Green Party to have a certain number of MPs in the Parliament, they no longer do because one of their MPs has resigned from the party. That's now distorting the election result and she should resign."
Hipkins said he agreed with the principle of the waka-jumping legislation, but would be open to looking at whether it was fit for purpose.
"Always interested in how the law can be improved. Of course, that was passed at a certain time, in a certain set of circumstances - but I agree with the principle of the waka-jumping legislation.
"I think if the Greens chose to invoke it they'd be well within their rights to do so and they'd have my full support in doing so."