Yesterday, Mallard kicked Waititi out of the House for not wearing a Western-style tie. He was wearing a traditional Māori hei-tiki instead.
But today, when the same scenario unfolded, Mallard opted not to stop the co-leader speaking, despite the fact he was still wearing the hei-tiki.
Mallard, however, did let out a sigh before he called on Waititi to ask a question.
Speaking to reporters outside the House, it was clear why Mallard sounded less than enthused.
"I did have an undertaking that he would not be speaking but he would only be present."
He said he had spoken to Māori Party co-leader Debbie Ngarewa-Packer before question time today.
"We agreed on a truce for a day until the standing orders committee meets."
But Waititi told media he had not spoken to Mallard at all since yesterday's incident.
"There seems like there is some kind of acceptance by the Speaker and I think he has retracted his decision yesterday."
He said New Zealand has a progressive Parliament which looks at cultural freedoms to allow for cultural identity to be expressed.
Waititi said the rules need to be relaxed to be more inclusive of the culture.
The rules are up for discussion tonight – a subcommittee will be meeting after 7pm tonight will discuss if hei-tiki can be worn in the House in place of ties.
The call is ultimately Mallard's and he was "happy to listen to advice and make a decision after that".
"I don't want to pre-judge the advice I'm going to get."
In an email circulated to media by the Māori Party this morning, Waititi told Mallard that the matter "sits squarely with you as the Speaker".
"It is Te Paati Māori (the Māori Party) view that you are the sole arbitrator of a number of matters before the House.
"As you have indicated, you are the sole arbitrator of time even."
Waititi said that the wearing of a hei-tiki by a Māori Member of Parliament representing the Māori Party and unashamedly Māori must be allowed to wear his cultural statements of identity.
"Any action to not give Māori equality of rights in the House to adorn themselves with their cultural positions, must be seen to be discriminatory, unfair, unjust and unequal."
Yesterday, speaking to media after being ejected from the chamber, Waititi said that forcing him to wear a tie was "forcing indigenous people into wearing what I described as a colonial noose".
He said that Mallard's conduct was "uncontainable".
