The National Party has declined to use Botany MP Jami-Lee Ross' proxy vote in Parliament.
Mr Ross remains on leave after he was expelled from the National caucus and resigned from the party last month.
A spokesperson in National Party leader Simon Bridges' office said the decision was not related to the waka-jumping legislation.
"The National Party will not be casting Jami-Lee Ross's proxy vote," the spokesperson said.
"Mr Ross is no longer a National MP, having been expelled from the caucus on 16 October and resigning his membership of the National Party on the same day."
"The party's decision not to accept his vote is unrelated to the waka-jumping legislation. No decision has been made on that though, as Simon Bridges has said we are unlikely to use it."
Under the legislation, MPs who quit or are expelled from their party can be ejected from Parliament.
After being named as the likely leak of Simon Bridges' travel expenses, Mr Ross unleashed a volley of allegations against Mr Bridges including that he broke electoral law, and laid a complaint with police. Mr Bridges denied the accusations and said he did not expect to be contacted by police over the "ludicrous" claims.
Mr Ross resigned from the National Party, and said he intended to resign his Botany seat, but on 19 October said he had changed his mind and would stay on in Parliament as an independent MP.
He announced this week he would give his proxy vote to National, and in a tweet said he said he was grateful for the care he received at Middlemore Hospital, where he was admitted for mental health care.
He said he remained on leave based on medical advice.