The Former Green Party MP Seeks To Keep Seat

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Former Green Party MP Darleen Tana has been offside with her former party but has now decided to sue them in order to prevent her removal from Parliament.

The case, where she is applying for an interim injunction and judicial review to block the Party’s moves, highlights the intersection of party politics and constitutional law, presenting some interesting legal issues.

The Greens have considered invoking the waka-jumping law that permits parties to remove MPs expelled or who leave the party.

Legal Implications

The case raises questions about the extent to which courts can intervene in internal party decisions and the application of the waka-jumping legislation.

The situation presents an interesting tension between party discipline and an MP’s right to represent their constituents independently. Doubtless the court will consider both the party rules and natural justice issues.

A full hearing is scheduled for September 12 or 13, during which both parties will have the opportunity to present their arguments.

The outcome may have significant implications for the interpretation and application of the waka-jumping legislation and the balance of power between political parties and individual MPs.