Green Party delegates will meet at a Special General Meeting on October 17 to discuss whether to use the waka-jumping law to oust former Green MP Darleen Tana from Parliament.

The party had tried to do this earlier this month, but the process to oust Tana was put on hold while she brought legal action against the party, arguing the Greens had not followed their own constitution in investigating her and requesting her resignation.

The court sided with the Greens. Tana’s lawyer told the Herald to wait until October 2 to hear whether she will appeal that decision or not.

Green Party co-leader Chlöe Swarbrick said word had gone out to the party’s branches to discuss what they wanted to happen next and to elect delegates for the October 17 meeting. Most branches had already had these discussions and elected delegates.

The delegates would need to find “consensus” or reach a threshold of 75% support to oust Tana.

“This is legislation we have a history with as well,” Swarbrick said, adding that she wanted to make sure it was discussed and considered thoroughly by party members.

Swarbrick said she had faith and trust in the party to make the right decision.

“We have also been looking for accountability,” she said, urging Tana herself to take responsibility and resign from Parliament.

“She is not a member of the Green Party anymore. She is not fit to be a member of Parliament.”

As long as she stayed in Parliament, the Greens would continue with this process, Swarbrick said.

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Tana quit the party earlier this year after a damning report into what she knew about alleged migrant exploitation at her husband’s business. She now sits as an independent.

The Greens have effectively restarted a process that began in July, at the party’s AGM, where members decided to at least discuss using the waka-jumping bill to get rid of Tana.

In July, the Greens decided to call a Special General Meeting (SGM) to decide her fate. Party members would debate whether they wanted to use the waka-jumping law on Tana at the party’s many branches up and down the country. They would then elect delegates to the SGM who would ultimately decide whether to remove Tana or not. A minimum of 75% of party delegates were required to remove her.

The meeting was set to be held on September 1 but was cancelled on August 28 after an agreement between Tana and the Greens, while the case was heard at the Auckland High Court.

The process could be restarted quite quickly. Branches have already met, debated and selected their delegates.

If members decide to remove Tana, the party co-leaders would write to the Speaker notifying him of their belief her continued presence interferes with the proportionality of Parliament and that she should be removed. Tana would be the first MP to be expelled under the current iteration of the waka-jumping law.