Winston Peters finds friend in foe as MPs question trespass decision

After being banned from Parliament, the former deputy Prime Minister was set to take the Speaker to court.

But within hours of the legal threat, the trespass notice against Winston Peters was withdrawn.

What started with a tiki tour of the protest on the people's lawn, lead to a trespass notice landing on Peters' doorstep.

"This is a very serious issue," he told Newshub. 

So enraged by the fact, Peters on Wednesday filed to take the Speaker to court.

"These things cost a lot of money - but somebody's got to do it," Peters said. 

"If others won't raise a finger when we should be raising the roof, I know what sort of society we are going to end up with."

He said Mallard is "out of control" and "power drunk".

"This is dictatorial. It demonstrates some people think they've got power they haven't got."

Peters was finding a friend in a foe at Parliament. 

"I'm defending the rights of all New Zealanders and even Winston Peters has human rights," ACT's David Seymour said.

Even the Prime Minister questioned Mallard's call.

"It is a bit different when people are arrested versus just simply just attending," Jacinda Ardern said. 

In total 151 trespass notices were issued, with 144 of those going to people arrested at the protest. Seven more were issued to what Parliamentary Services called persons of interest. But five of those were withdrawn on Wednesday.

That's because "the persons are now thought unlikely to seriously offend or incite others to commit serious offences".

The Speaker refused to be interviewed on Wednesday, but in a statement Mallard said some people's behaviour was clearly more egregious than others, and so it was relatively easy to work out who was no longer regarded as being a risk to the safety and security of Parliament.

Peters then issued a statement of his own, saying that "after checking my emails, not the doorstep, I have learnt that the trespass notice issued to me has been withdrawn".

"It should not have taken the threat of a judicial review for the Speaker to come to his senses."

He told Newshub: "It's unreasonable and therefore unlawful for the Speaker to have taken this measure."

Peters now wants Members of Parliament to call a no-confidence vote in the Speaker. As a member of the public, Peters has no power to do it himself.