Photo: Marika Khabazi
This story was updated to remove an incorrect mention of Tana as a respondent in a December ERA decision.
Analysis - An independent investigation into Green MP Darleen Tana is expected to unearth what she knew and when about allegations of migrant exploitation against her and her husband.
At the same time, the Green Party leadership and senior staff will be confronting the big question of whether they should have made Tana's circumstances public when they first learned of them, to avoid the political storm now embroiling the party.
Tana was suspended by the Greens on Thursday after the co-leaders became concerned about how much prior knowledge she had of the employment complaints against her husband's business, that she hadn't shared with the leadership.
There is an expectation on MPs to raise problems and risks with the party, and when that doesn't happen it creates trust issues that can be difficult to overcome.
Tana's future in the party now rests with independent investigator and barrister, Rachel Burt, who could conclude Tana hasn't met the expectations required to stay on as an MP before the Employment Relations Authority has even got close to determining whether the business is at fault.
Burt could also find Tana passed on all information in a timely manner and then it would be for the ERA to determine any other consequences for Tana and her husband.
Tana's husband, Christian Hoff-Nielsen, owns and runs E Cycles NZ - the MP hasn't been a director or shareholder since 2019.
There are two complaints against the company and Tana could be called as a witness if the ERA pursues a full hearing.
The political timeline begins on 1 February, a sitting day at Parliament, when Tana spoke to co-leaders Marama Davidson and James Shaw about a complaint made against her husband's business.
A decision was made by the party on the same day to quietly stand her down from her small business portfolio, but not to notify the rest of the caucus - or the public - about the allegation.
On 9 February, the co-leaders were told about a second complaint, which came to them from an outside party, not Tana.
The MP was called into a meeting where she said she was aware of the complainant having worked for the business but it wasn't clear what if anything she knew about the allegation.
The party decided not to pursue any further actions other than to take the small business portfolio off her permanently in a reshuffle, which was already planned for the coming weeks.
That reshuffle was to belatedly address the portfolio vacancies left by former MP Golriz Ghahraman, who resigned as an MP on January 16 after allegations of shoplifting surfaced.
The rest of the Green Party caucus knew Tana was no longer the spokesperson for small business, but wasn't told why, and the media weren't notified of the reshuffle.
Instead, MPs simply changed their email signatures.
On February 14 Tana made her maiden speech in Parliament where she spoke about her Danish husband and his bicycle business.
"In 2014, we packed up our lives into six suitcases, left Brussels, and came to Waiheke Island. There, we set up Chris' business, manufacturing, selling, and renting electric bikes.
"I swapped out my pencil skirts and high heels for bike mechanic apron and steel cap boots," she told the House.
Tana said the Northland branch of the Green Party "found her" at Waitangi in 2020 and asked her to stand as a candidate in that general election.
"I didn't have a clue about politics at that time, but I did know how to ride a bike."
Fast forward to this week and the Green Party leadership had more information come to light, via a Stuff media request, which led to another meeting with Tana.
Green Party co-leaders Marama Davidson and Chlöe Swarbrick Photo: RNZ / Angus Dreaver
In that meeting on Thursday, the co-leaders and senior staff were increasingly concerned about the holes in what she claimed to know, and when, and a suggestion there may have been prior knowledge of the allegations that weren't passed on.
A decision was made to suspend her and launch an independent investigation - at this point the rest of the caucus was notified of the allegations and how the party was handling it.
The investigation is expected to take a couple of weeks and will concentrate on interviewing all those involved and reviewing any relevant documents.
It's likely barrister Rachel Burt will have questions about prior ERA complaints given these claims aren't the only employment dispute Tana's husband has been involved in.
In December, the ERA ordered Christian Hoff-Nielsen to pay former employee Charles 'Chuck' Simpson $6153 in owed wages.
The ERA found Simpson had worked for Hoff-Nielsen during failed negotiations to take over his Blenheim bicycle business.
In an interview with Morning Report on Thursday Marama Davidson defended the party's decision not to immediately stand Tana down.
"It was yesterday that it came to our attention that Ms Tana may have had some prior knowledge of the allegations, that is why we have appointed an independent investigation."
She also pushed back on criticism the Greens didn't notify the public when Tana was stripped of her small business portfolio, saying a fair process needed to be followed and that meant keeping the mediation matters private.
There is a power imbalance that comes into play if leaders announce an MP is under investigation and the MP is not in a position to be able to defend themselves because of said investigation.
That seems to be the argument for why the Greens handled things the way they did, but it ignores the political lens the situation needed to be viewed through.
In most cases, the potential political fallout should trump everything else, and when it doesn't it ends with the party and leadership looking out of step with the public's expectations and taking a reputational hit.
The Green Party has been dealing with a series of crises, from Ghahraman's demise to the tragic death of Efeso Collins, the resignation of long-time leader James Shaw and the new appointment of Chlöe Swarbrick as co-leader just five days ago.
Parliament returns next week and while Tana won't be in the building Swarbrick and Davidson will be and they won't be able to escape the flurry of questions around their decision-making.
A big first test for Swarbrick, and one Shaw will certainly be glad to be well clear of.
