The Prime Minister says she has spoken to Speaker Trevor Mallard about the decision to trespass former MPs, including New Zealand First leader Winston Peters.
"I have encouraged him to give the opportunity for all of the parties within Parliament to discuss the issue," Jacinda Ardern said.
She said the Parliamentary Service Commission, a group made up of representatives of all parties, would meet on Tuesday afternoon to discuss "how the issue of trespass notices is dealt with on Parliament's grounds".
The Speaker has responsibility for Parliament's grounds, Ardern said, but "it is an issue where he is ultimately having to decide whether past members of Parliament are treated exactly as everyone else is".
It was reported earlier on Tuesday that the Speaker said he didn't make decisions about the notices himself and instead delegated it to Parliamentary security. Newshub has contacted Parliamentary Services for comment.
Ardern said ultimately, the decision sits with the Speaker.
"I think it is useful for all parties to be able to hear him out on how he came to the decision and make a joint decision, as much as they are able to, on whether or not MPs should be treated differently from everyone else. That's, at the heart of it, the issue."
She believes it was clear throughout the protest at Parliament throughout February and early March that trespass notices were being issued.
"Now the issue the Speaker is having to grapple with is how that applies to past MPs. I ultimately think it is best that we try get some consensus around the issue from everyone."
Peters, the former deputy Prime Minister, confirmed on Tuesday morning that he had received a trespass notice.
He toured the anti-vaccine mandate protest site on Parliament's grounds one day in February and said in a statement on Tuesday that there is a difference between those who visited the precinct and those who took an "active part in the protest".
Protesters set up camp on the grounds and blocked surrounding streets while rallying against vaccine mandates and other COVID restrictions. They stayed for weeks despite police, the Speaker and MPs telling them to leave.
It was "astonishing" that former MPs, including some planning to run against the Government at the next election, were being trespassed, Peters said.
"New Zealanders should not put up with this type of totalitarian behaviour from the Speaker - nor should the Prime Minister or Parliament.
"It is because of this that I have taken legal advice and will continue to do so. Speaker Mallard has lost the plot and will continue to do so if he thinks he can enforce his unreasonable and unlawful decision."
Former National MP Matt King has also received a trespass notice. He spoke at the occupation.
ACT leader David Seymour told reporters on Tuesday afternoon that Mallard's "petulance and pettiness seems to be at the heart of so much drama" and predicts court cases will result from his actions.
Greens co-leader Marama Davidson said it doesn't matter whether those trespassed are former MPs or not, and there are consequences for people's actions. Fellow co-leader James Shaw agreed it's important former MPs "don't get an exception".
Speaking earlier on Tuesday morning, before it emerged publicly that Peters had been trespassed, Ardern wouldn't comment on if it was appropriate for former MPs to be banned.
"I see it as entirely as a matter for the Speaker how he chooses to deal with the aftermath of the protest and the attendance of protesters," the Prime Minister said.
"Ultimately, the management of the grounds on behalf of all Members of Parliament and all political parties is a matter for the Speaker."
Christopher Luxon, the National Party leader, pointed out King is no longer a member of National - King resigned earlier this year and launched his own party - and the decision to send him a trespass notice was one for the Speaker.
"Those are issues fundamentally for the Speaker and the trespass laws that are sitting in this place around Parliament," Luxon replied.
