Te Atatu MP Chris Carter returned to Parliament yesterday - but only to sort out his office and administrative issues.
Mr Carter has been on stress leave as an independent MP since being expelled from the Labour caucus in July for his attempt to undermine Phil Goff's leadership.
He declined to be interviewed yesterday, but said in text messages that he still considered himself a Labour MP.
His membership is being considered by the Labour national council, which has started disciplinary action against him, but is still waiting for him to respond to the concerns outlined by the council.
There is no time limit on when Mr Carter has to respond, but the party hopes the matter can be dealt with as quickly as possible.
Mr Carter did not sit in the debating chamber yesterday and does not expect to properly return to Parliament until October 4, the start of a recess week.
He is the only nominee for the Labour ticket for Te Atatu for the next election, but nominations are open until October 8.
It is understood there is some pressure from local Labour members and constituents for him to stay on as the Labour nomination.
Mr Goff said that Mr Carter appeared to have recovered as he was back in Parliament, and he should now front up to the council to defend his case if he wanted to stay in the party.
"Chris Carter has been formally expelled from the Labour caucus. He cannot claim to be a Labour MP," Mr Goff said.
"My understanding is that he would be standing down at the next election, but that is for him to say.
"He is not a member of my caucus and I don't have responsibility for him."
Carter says he's Labour... Goff says he's not
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