The Green Party's membership has voted to kick former MP Darleen Tana out of Parliament.
Green Party co-Leader Chlöe Swarbrick confirmed the party had voted unanimously to notify the Speaker of its intentions and told Tana it was time for her to "do the right thing" and resign.
Tana quit the party in July amid allegations of migrant exploitation at her husband's bicycle business.
She stayed on as an independent while the Greens - historically opposed to the party-hopping legislation - sought its members' support to get rid of her.
At Thursday night's meeting, all 185 delegates approved the use of the waka-jumping law.
Swarbrick and co-leader Marama Davidson said they had written to Tana to inform her of their decision - and repeat their request she resign.
Swarbrick said they had not heard back from Tana, and she could not remember "off the top of my head" when she last heard from her.
Photo: RNZ / REECE BAKER
What happens from here on out?
"Effectively the decision sits with the Speaker," Swarbrick told media gathered at Parliament late Thursday evening.
In a statement shortly earlier, she said:
"Following the Special General Meeting to discuss the potential use of the Electoral Act to remove Darleen Tana as a Member of Parliament, party delegates have endorsed notice being given to the Speaker under section 55A(3)(b) of the Act.
"The proposal to provide the Speaker with notice under the Electoral Act was approved by the consensus of all 185 delegates present at the meeting.
"Hon. Marama Davidson and I have written to Darleen Tana to inform her of this, and for the last time request she finally do the right thing, take accountability and resign as a Member of Parliament.
"We have also written to the Speaker outlining that we believe Darleen's resignation from the party but not from Parliament has affected the proportionality of the House, triggering the next step of the legislation.
"From the outset, we have done all we can to navigate the situation in front of us with our values as the guiding star. I am proud of how we have held true to these throughout this process."
Swarbrick said MPs and delegates were "all really aware of the history that the Greens have with this legislation".
The party's historical concerns around the waka-jumping legislation were:
- Concerns around the potential concentration of power in the party leaders' hands, which the Greens had addressed by going to their delegates and securing a unanimous vote
- The potential to reject a member who was taking a principled stance on a matter of conscience, which Swarbrick said was not the case in Darleen Tana's circumstances
The waka-jumping law has not been used since the early 2000s, when ACT kicked Donna Awatere Huata out over allegations of fraud.
It had also not been used in its current iteration, Swarbrick said.
If the Speaker approved the decision, then the Green Party would welcome Benjamin Doyle as a new MP to replace Tana, Swarbrick said.
Doyle, who stood for Hamilton West in the most recent general election, is a school teacher and university researcher.
The meeting
Despite an 11th-hour appeal from Tana through the courts, the vote went ahead at Thursday night's meeting.
Party members needed to reach a consensus over whether the legislation - which the Greens have historically opposed - should be used.
On the process and the discussions regarding the vote, Swarbrick said: "The Green Party loves a yarn and loves pulling things apart ... we mean it when we talk about having robust and fulsome discussions about these things."
Asked if she wished she'd done anything differently during this saga, Swarbrick said "ask me that in a few days".
"Everybody had an opinion and all I can really say is that I can genuinely tell you, hand on heart, that we did everything that we could with our values at the forefront."
Former MPs including Kevin Hague and Metiria Turei gave input to the hui. Swarbrick says they brought a lot of nuance and different perspectives to the issue.
The hui wrapped up a little earlier than the party expected, she said.
Tana took the party to court in September to argue the Green Party's disciplinary process had been unlawful, unauthorised by the party's constitution, unreasonable and unfair.
However, the judge rejected her claims, leaving the Greens free to proceed with the Special General Meeting.
Swarbrick said she was mindful that the matter had brought up a lot of emotions.
"This is not a nice situation - it sucks, and human beings have been collateral damage throughout this whole thing."