Darleen Tana will still be in Parliament at least another two weeks, as the Greens push back a party vote until her legal challenge against them has concluded.
The independent MP filed an injunction to stop a party meeting on Sunday discussing using waka-jumping legislation to remove her from Parliament.
Otago University law professor Andrew Geddis says Tana's arguing she didn't really resign from the party, but was pushed out.
"Basically what she's saying - that the investigation and the way the Greens treated her made her resign, rather than her choosing to resign. That's what she's going to have to try and convince the court of."
LISTEN ABOVE

Enda Brady: UK correspondent on Harry and Meghan removing their children from UK school amid security concerns
04:04

Jamie Mackay: The Country host on what the latest Federated Farmers Confidence survey means for the sector
04:15

Ben O'Keeffe: international rugby referee and expert on whether less TMO influence improves rugby
05:42