Judith Collins says Speaker Trevor Mallard should have already been removed from office.

Newstalk ZB Political Editor Barry Soper has seen the statement of claim that went to the High Court in the defamation action against Trevor Mallard, for wrongly calling a parliamentary worker a rapist.

Even though Mallard said he knew the man wasn't a rapist within 24 hours of making the claim, the court document says he wouldn't be apologising or pay damages, didn't accept he defamed the man and would vigorously defend the claim.

While Mallard apologised 18 months later, Judith Collins told Mike Hosking his position remains untenable.

"I have written to the Prime Minister, I sent her the statement of claim. It's a disgrace, he needs to go."

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