ACT leader David Seymour says Chris Hipkins has created "a constitutional cluster of stupendous proportions" with the resignation of Labour's Tāmaki Makaurau candidate, Kerrin Leoni.
"I was trying to think of what this means constitutionally, the voters on the ballot are going to see her as a Labour candidate, so that's going to guide their vote," he said.
While Hipkins - and Leoni - have been clear that she is no longer an endorsed Labour candidate, it is too late to make changes to the electorate ballot. That means Leoni will still appear with the Labour party name and logo by her name.
The Electoral Commission has confirmed any votes for Leoni will be valid, but anything after that is a matter for the
'waka jumping law'.That legislation automatically vacates an MP's seat if they deliver a signed, written notice to the Speaker resigning from the party they were elected for.
"If she is elected as a Labour MP and wants to be recognised as an independent – there is further information about those processes in ... the Electoral Act. These would be matters to be addressed after the election by the candidate and party for which she was elected. That process is overseen by the office of the Speaker," a statement put out by the Commission reads.
But Seymour said the questions surrounding Leoni's potential election are "unanswerable".
"The Electoral Commission is going to report the writ back to Parliament with her being elected if she wins, and then she's going to say that she's not a member of the Labour Party despite being elected that way.
"Does that mean that the Labour Party can use the waka jumping law because she was in Labour or left, or was she elected as an independent in the first place?" he asked.
"[This] is precisely the kind of situation that Chris Hipkins has created because he's an entirely political animal, but he doesn't have a commitment to public service and he hasn't thought about the unanswerable questions that are now being raised."
He then said he didn't want to continue discussing the matter because "first of all, I have no idea what Chris Hipkins is thinking, and second of all, he may not either."