Chris Carter's status has finally been resolved - he is an independent MP, Speaker Lockwood Smith told Parliament today.
There had been confusion over Mr Carter's position since he was expelled from Labour's caucus for trying to undermine Phil Goff's leadership.
He is still a member of the Labour Party, which can not deal with him until he fronts up at a council meeting.
Mr Carter is on two months sick leave and has not attended a meeting.
Mr Goff wrote to Dr Smith last week saying Mr Carter was no longer a member of the parliamentary Labour Party.
Dr Smith said today that under Parliament's rules, that meant Mr Carter was an independent MP.
He is expected to be assigned a seat on the cross benches, away from the Labour Party.
Mr Carter is still the MP for Te Atatu, and can stay in Parliament as an independent until next year's general election if he wants to.