Might be because she hasn't technically resigned from Labour... so she would have to resign or be expelled from labour for the waka jumping legislation to be invoked.  I can see her being expelled fairly quickly if she doesn't officially resign from labour
Quote:That same day, Speaker of the House┬áAdrian Rurawhe┬áconfirmed that Whaitiri would serve the remainder of her 2020ÔÇô2023 term as an independent member of Parliament under standing order 35.5, which avoids invoking the┬áwaka-jumping┬áprovisions of the┬áElectoral (Integrity) Amendment Act 2018. Rurawhe's decision not to invoke the waka-jumping law was criticised by┬áNational Party┬áMPs┬áMichael Woodhouse,┬áChris Bishop, and┬áACT Party┬áleader┬áDavid Seymour.[45]┬áOn 4 May, Rurawhe clarified that he had not received from Whaitiri a letter of resignation from Labour, despite her public statements.[46]┬áTherefore she remains a Labour MP under electoral legislation, but is an independent MP for parliamentary purposes under standing orders.[47]
https://en.wikipedia.org/wiki/Meka_Whaitiri
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