David Benson-Pope is to resume his cabinet duties as fisheries minister and associate environment minister - but not his education role.
Benson-Pope stood down from cabinet in May after allegations in parliament that he physically abused pupils while a teacher at a Dunedin high school.
Those allegations, which he denies, are being investigated by police.
Benson-Pope has released statements from former pupils and colleagues supporting his record as a teacher. The MP has passed on the emails and letters of support to the police. They include statements from former pupils who say they were dismayed to hear the allegations and knew nothing of them. At least one of the emails also acknowledges that Benson-Pope ruled his classes with a firm hand.
Act leader Rodney Hide questioned whether Benson-Pope had deliberately misled parliament with his denials.
But the speaker on Tuesday afternoon ruled that there is no issue of parliamentary privilege for Benson-Pope to answer. Prime Minister Helen Clark says he won't return as associate education minister while the police inquiry continues.