Darleen Tana says Greens broke own constitution

Former Green Party MP Darleen Tana's lawyer says the party's co-leaders acted unlawfully when they "ejected" her from the party.

The hearing for a judicial review of Chlöe Swarbrick, Marama Davidson and the Greens is under way at the Auckland High Court.

Tana resigned from the Green Party in March after an inquiry into migrant exploitation, but wants to remain in Parliament as an independent MP.

The investigation found that Tana 'likely' knew about allegations of worker exploitation at her husband's business and did not disclose them to the party.

Tana's lawyer Sharyn Green argued the Green Party, as an incorporated society, had not followed its own constitution and charter when it asked Tana to resign.

Green raised two points of contention - first whether Tana had resigned of her own volition, and what she was being asked to resign from - the Green Party or from Parliament.

Tana's lawyer said her client was "ejected" in that she was pushed to resign. She argued it was not in the Green Party's constitution for members to be tested by their spouses or children's actions, and that to use that as a measure for standard of conduct would be an extension of the existing constitution.

The hearing continues.