Brendan Horan has no intention of following his former leader's advice and resigning from Parliament despite being expelled from the NZ First Party.

NZ First leader Winston Peters kicked Brendan out of NZ First Party caucus yesterday afternoon, announcing his decision under Parliamentary Privilege in the House.

Brendan Horan has been known to visit the Mount Turf Bar & TAB.

According to his lawyer Paul Mabey QC Brendan found out about his expulsion on the news.

The list MP is entitled to remain in Parliament as an independent MP, though Winston says Brendan is duty-bound to stand down.

'Mr Horan has no intention of leaving Parliament,” wrote Paul in a statement.

'He has no reason to do so. Mr Horan is the subject of unproven allegations which he completely denies. None of the allegations have ever been put to him directly nor has he shown any evidence to support them.”

Brendan repeats his denials that he has not in any way misused his mother's money and is confident that any proper investigation will exonerate him completely, says Paul.

Winston told Parliament on Tuesday afternoon that he received new evidence forcing him to expel the MP from the NZ First Party caucus.

'New evidence has now come into my possession and information we have received leaves me in a position where I have no confidence in Mr Horan's ability to continue as a Member of Parliament.”

The decision to expel Brendan had to go on public record immediately, says Winston.

The affair surfaced on November 25 with Brendan's brother, Mana Ormsby went public with allegations $85,000 was missing from their mother's account via a large number of withdrawals from TABs and ATM machines near Mr Horan's offices in Mount Maunganui, Auckland and Hamilton.

A codicil to the will requesting the missing money be found and repaid after her death came at the same time that former executor, Brendan's sister, who had power of attorney, was removed. Brendan's mother Olwen Horan, 87, died of cancer in early-August.

The executor of the will, Olwen's nephew John Buckthought, is reported to have handed over ten years of bank statements to a law firm. Forensic accountants are investigating.

Sun Media has located a TAB that Brendan Horan frequented as recently as about two months ago.

The Mount Turf Bar & TAB is on Maunganui Road near Banks Avenue, about 300m from Brendan's electorate office on the corner of Rata and Totara Streets.

Mount Turf Bar & TAB duty manager Joe Lagarto says Brendan visited the venue to use its TAB services up until about six or seven weeks ago.

Brendan bet on site as well as loaded money on to his TAB account, says Joe.

'He used the services about two times a week, if that.”

The duty manager could not recall the amount of money wagered or transferred by Brendan, but did not believe the transactions were large enough to be considered outside the norm.

'It wasn't astronomical amounts - no different than anyone else.”

Olwen Horan won about $1million in prizes including a house and car in an Australian lottery in 1999.

Media reports claim that in February 2007, Olwen Horan had a balance of $259,000 in her account. There was less than $3000 left when she died.

Brendan is continuing to collect his $140,000 a year salary.