Key Takeaways
- MP Mariameno Kapa-Kingi has been reinstated as a member of Te Pāti Māori following an interim ruling by a high court judge.
- The decision will be revisited at a full hearing in early February next year.
- Kapa-Kingi was expelled from the party in early November after a period of internal conflict.
- The party’s co-leaders said the decision had been made in response to "serious breaches" of the party’s constitution.
- Kapa-Kingi has taken the fight against her expulsion to court and will now attend the party’s Annual General Meeting this weekend.
Introduction to the Case
The case of MP Mariameno Kapa-Kingi’s expulsion from Te Pāti Māori has taken a new turn with a high court judge granting an interim ruling to reinstate her as a member of the party. This decision will allow Kapa-Kingi to attend the party’s Annual General Meeting this weekend, which she was previously unable to attend in full due to her expulsion. The ruling, made by Justice Paul Radich, stated that there were "serious questions to be tried" on the manner in which Kapa-Kingi was expelled from the party, and that there were "certainly tenable arguments" that the expulsion was founded upon "mistaken facts and procedural irregularities".
The Ruling and Its Implications
Justice Radich’s ruling highlighted the practical considerations that weighed in favor of preserving Kapa-Kingi’s position as a member of the party. He noted that while excluded, Kapa-Kingi and her staff could no longer access Te Pāti Māori’s database, which would cause issues for the representation of the electorate. Additionally, Kapa-Kingi was not able to attend the AGM or other hui if she was not a member of the party. The respondents had argued that reinstating Kapa-Kingi would create extreme tension within Te Pāti Māori’s MPs and leadership, but Justice Radich stated that overall, it was relevant for Kapa-Kingi to retain her ability to participate in Te Pāti Māori and to continue her role in Parliament as a member of the party until these issues are determined finally by the Court.
The Background to the Case
Kapa-Kingi was expelled from the party, alongside Tākuta Ferris, in early November after a period of internal conflict. The party’s co-leaders said the decision had been made in response to "serious breaches" of the party’s constitution, with both MPs fiercely disputing their expulsions. Kapa-Kingi took the fight against her expulsion to court just days before the party’s AGM, which is taking place on Sunday in Rotorua. Following the interim ruling, Kapa-Kingi provided a statement, saying the past few months had been challenging for her and her whānau, and the people of Te Tai Tokerau – but today would bring "relief and reassurance".
The Court Hearing
The case was heard by Justice Radich in the High Court at Wellington on Thursday morning. Kapa-Kingi’s lawyer, Mike Colson KC, submitted that his client disputed how Te Pāti Māori’s constitution had been applied to two primary issues that had come to a head in recent months: a projected overspend on the Te Tai Tokerau budget and public statements made by her son Eru Kapa-Kingi. Colson’s submissions were dense but focused on the party’s constitution and the step-by-step processes followed – or not followed – for the expulsion of Kapa-Kingi. He submitted that the national council meeting in which the decision to expel Kapa-Kingi was made wasn’t legitimate because her electorate was excluded from the hui.
The Response from the Party
Tamihere’s lawyer, Davey Salmon KC, argued that Kapa-Kingi’s assertion that her case for legal intervention against her expulsion was "overwhelming" was not borne out by the facts. On the constitution, he said the national council did have authority to expel Kapa-Kingi as it was the "primary heavy lifter of hard decisions in this context". The constitution did not provide for a member to get a special disciplinary hearing, and this was common practice used by other political parties, he said. Salmon submitted that there had been a quorum for the decision to expel Kapa-Kingi and that it was not relevant to suggest the funds in question were parliamentary funds, not party ones. Allegations of misuse of funds were a "red rag to a bull" to certain media outlets and political opponents, and Te Pāti Māori had been determined to deal with them quickly, he said.
The Next Steps
A more substantial hearing has been set down for 2 February 2026. This will provide an opportunity for the court to fully consider the issues surrounding Kapa-Kingi’s expulsion and to make a final determination. In the meantime, Kapa-Kingi will be able to participate in Te Pāti Māori’s activities, including the AGM, and to continue her role in Parliament as a member of the party. The outcome of the case will have significant implications for Te Pāti Māori and for Kapa-Kingi’s future as a member of the party.
