Green Party delegates have decided to use the Waka-Jumping law to eject Darleen Tana from Parliament, the Herald understands.

The former Green MP, who currently sits as an independent, had her future decided by delegates in a late night Zoom call. A source with knowledge of the Zoom meeting confirmed the party had decided to oust Tana.

The decision draws to a close months of wrangling that began in March when allegations emerged that Tana was aware of allegations of migrant exploitation at her husband’s business.

Tana quit the party after an investigation found the allegations had merit, but has so far managed to stay on as an MP.Green Party co-leader Chloe Swarbrick and the wider party caucus had called on Tana to resign, but to no avail.

In July, the party resolved to allow members to decide Tana’s fate, however that process was delayed by Tana taking the Greens to court.

One of the most powerful speeches was former co-leader Metiria Turei who discussed the party’s long opposition to waka jumping.

However, Turei said that there were times when an MP needed to be removed based on their behaviour - and not because they had fallen out with the party on a matter of political principal - and that this was one of those times.

Green Party delegates met this evening to decide whether to use the waka-jumping law against one of the party’s former MPs, Darleen Tana. If at least 75% delegates vote yes, Tana could be gone from Parliament very quickly.

The meeting began at 6.30pm as Green delegates from throughout the country debated Tana’s fate.

Tana has sat as an independent MP since she resigned from the Green caucus earlier this year after an investigation into alleged migrant exploitation at her husband’s business, and what Tana knew about it.

Green Party co-leader Chlöe Swarbrick and the wider caucus have called on Tana to resign. However, she has refused to do so.

At the party’s AGM in July, members voted to consider whether to use the waka-jumping law to boot Tana from Parliament altogether. The party kicked the question to its members who debated the issue in branch meetings up and down the country. Those branches then elected delegates who will attend Thursday’s Special General Meeting and ultimately decide whether to use the law to eject Tana from Parliament.

In order for the motion to succeed, a “consensus” of delegates or a majority of 75% is required.

The issue is controversial in the Greens, largely because the party has a longstanding history of opposing waka-jumping laws and their use. The dispute has also opened a wound relating to former Green MP Elizabeth Kerekere who also quit the party in exacting circumstances, following a falling out with caucus that divided the wider membership. Kerekere was close to members of the party’s Pacific wing who dramatically quit the party in July.

Tana has been trying to stop the Greens from ejecting her. She took the Greens to court over the way she was investigated, but the High Court ultimately sided with the Greens. The Greens say Tana has appealed that decision. Tana herself has refused to speak to media about it.

Tana continues to sit in Parliament as an independent, right behind the Green caucus.

“I’m here now and doing the mahi ... as long as this place allows me,” she said.

Were Tana to be removed as an MP, the Greens would benefit from a funding boost, which is calculated based on the side of each party’s representation.

Thomas Coughlan is deputy political editor and covers politics from Parliament. He has worked for the Herald since 2021 and has worked in the Press Gallery since 2018.