Former deputy prime minister Winston Peters has instructed his lawyers to take legal action against Parliament's outgoing Speaker, after he was earlier trespassed from the precinct.
Peters was issued with a letter trespassing him from the precinct after he visited the 23-day anti-mandate occupation which took place earlier this year in Wellington.
Former National MP Matt King, Former Act leader Rodney Hide, former Māori Party co-leader Marama Fox, and former NZ First list MP Darroch Ball also received notices.
Mallard later withdrew all of the notices issued to former MPs after he determined they were "no longer ... regarded as being a risk to the safety and security of others at Parliament".
Peters had already signalled he would seek a judicial review of the decision.
Peters said at the end of May his lawyers contacted Mallard and told him they would pursue legal action if he did not provide "specific explanations, documents, and referenced authority with which he, in a free and democratic society, trespassed hundreds of New Zealand citizens from the Nation's Parliament".
Mallard's response failed to address the "seriousness of the matter", Peters said, so he had instructed his lawyers to issue proceedings.
RNZ has contacted Mallard for comment but has not received a response. He is currently undergoing a medical procedure.
Prime Minister Jacinda Ardern yesterday announced Mallard would leave politics in August after 35 years as an MP to take up a diplomatic posting in Europe.
Ardern said after the 2020 election, Mallard mentioned he wanted to "transition out of the role of Speaker over the course of this term to allow someone else the opportunity, and to take on new challenges himself".
In a social media post today, Peters said that was not the "full truth" and Mallard was leaving because of his threat of legal action. He described it as "nothing other than an attempted cover-up".
Peters claimed there "can be no coincidence" that the announcement of Mallard's resignation came just two weeks after his legal letter was sent.
"If the Prime Minister didn't know, then Mallard has deliberately kept this information from her," the NZ First leader said.
"If the Prime Minister did know, then there can be no other explanation other than this is an attempt to cover-up Mallard's behaviour and to allow the government to save face."
Speaking to media today, Ardern rejected Peters' claims and said she was not aware of the letter.
Ardern said Mallard had not spoken to her about the legal letter but despite the prime minister being seemingly unaware she added it had "no bearing" on his resignation.
"I think that we can, from that, clearly conclude that it had no bearing on what I outlined yesterday," she said.
"Speaker Mallard indicated to me at the [2020] election that it was his intention over the course of the term to transition out of the role.
"Now is the time in the Speaker's view, and one that I share, for him to therefore transition and [Deputy Speaker] Adrian [Rurawhe] will be taking over that role if supported by the rest of house."
When asked, Ardern wouldn't speculate if legal action against Mallard would impact his future diplomatic role.
Peters claimed Mallard has brought the position of Speaker "into disrepute".
"The fact that both the Prime Minister and Mallard believe he is still suitable for a diplomatic post after his diabolical behaviour throughout his tenure, is an affront to both the Ministry of Foreign Affairs and to New Zealand," Peters said in his social media post.