ACT leader Rodney Hide says he's supporting David Garrett and not pressuring him into making a decision on his political future, but that the party has a mandate for five MPs -- not four.
Mr Garrett resigned from the party caucus on Friday following revelations he stole a dead toddler's identity and used it to obtain a fake passport.
He has taken two weeks' leave to decide on his future, which could technically involve staying in Parliament as an independent MP and leaving ACT unable to replace him.
Mr Hide's judgement has come into question after it emerged he knew about Mr Garrett's 1984 fraud and arrest 21 years later, as Mr Garrett had told him before he joined ACT in 2008.
Mr Garrett was convicted and discharged over the incident and the sentencing judge mentioned his otherwise "blameless life".
Mr Hide said at a press conference on Friday that he had concerns over an affidavit Mr Garrett submitted to the court about his past in that 2005 case, and how truthful it was.
He had supported him into the party despite Mr Garrett's admission, but said he did not know the full details of it, including that the case had a permanent name suppression order on it -- an order which was lifted at Mr Garrett's request on Friday. He told TVNZ's Q&A programme the issue was also widely known about within the party's hierarchy from 2008.
Mr Garrett, the party's law and order spokesman, resigned after Mr Hide said he could not support him over the affidavit issue -- something Mr Garrett said he had had legal advice over and couldn't discuss. The Law Society is also expected to look into the issue.
Mr Hide yesterday told NZPA he had spoken to Mr Garrett a couple of times during the weekend to check on his welfare after what had been a stressful week.
"My main concern is that he is feeling support from myself and, indeed, the party. We are not like other parties who cut someone adrift and then treat them badly."
Mr Hide said he was not putting pressure on Mr Garrett in terms of whether he should quit Parliament. "But it seems to me the people elected five ACT MPs -- not four and an independent," he said. The allocation of five MPs came after Mr Hide's successful Epsom electorate win and will only be retained if Mr Garrett quits Parliament.
Labour leader Phil Goff said Mr Hide was hypocritical in his support for Mr Garrett, and in keeping the court case quiet, and should not be in Parliament.
Mr Hide responded with a dig at Mr Goff's low polling. "My comment there is that there is a difference between Phil Goff and myself, and that is that Phil Goff wants me to go and I want him to stay."
He told TV3's The Nation he would step down as party leader if it was in the best interests of the party and its survival, but he did not believe it was.