Mariameno Kapa-Kingi has been reinstated as a member of Te Pāti Māori after she took her expulsion from the party to court, just two days before its annual general meeting.
Justice Paul Radich, who heard the case in the Wellington High Court, issued the interim order today, finding “serious questions to be tried” about the way Kapa-Kingi was expelled last month. A substantive judicial review hearing was scheduled for February.
Kapa-Kingi was removed as a member on November 10 after the party’s National Council alleged she misused funds and brought the party into disrepute. Takūta Ferris was also expelled from the party at the time.
Over the last few months, internal conflict has plagued the party after allegations were made by Kapa-Kingi’s son, former party executive Eru Kapa-Kingi, of a “dictatorship model” by the party leadership.
The conflict has at times spilled into public view, drawing criticism on both sides of the argument.
The court heard that the overspend issue was ultimately resolved through Parliamentary Service processes, with Kapa-Kingi finishing the year one dollar under budget. Justice Radich said this raised “a serious question” about whether the party was wrong to conclude she misused funds for personal gain.
He wrote: “As I have explained in a little detail earlier, the issue was not, in the first place, with funds provided directly by Te Pāti Māori. And it seems unlikely that it was a matter of “misuse”, on the plain meaning of that word. Rather, it was a case of Ms Kapa-Kingi finding herself to be out of alignment with funding allocations for the year by the Parliamentary Service.”
Justice Radich also highlighted procedural concerns, saying Te Pāti Māori’s constitution (the Kawa) set out a detailed process for handling serious disputes, which was not followed.
Instead, the National Council voted to expel Kapa-Kingi without notice and without the attendance of her electorate representatives or four of the party’s MPs.
While the party argued reinstatement would cause “extreme tension” within its ranks and confuse the public, Radich said overall justice lay in allowing Kapa-Kingi to serve her electorate as a Te Pāti Māori MP until the court made a final decision.
He wrote: “Should the substantive decision come out in the applicants’ favour, there would be irretrievable prejudice to them both in the event interim orders were not made. While there would be prejudice to the respondents in the event that the substantive decision comes out the other way, it would in my view be less.”
Other interim orders sought by Kapa-Kingi, including restraining party president John Tamihere from acting in his role, were declined.
However, the party assured the court it would not invoke waka-jumping provisions to force a by-election before February.
The AGM will proceed on Sunday in Rotorua, with Kapa-Kingi now entitled to attend and participate as a member.
‘I look forward to attending the AGM’
In a statement following the interim order, Kapa-Kingi said she planned to take her place at the annual general meeting.
“The past few months have been deeply challenging for me, my whānau, and our people of Te Tai Tokerau,” she said. “This has been an incredibly taumaha journey and today brings a sense of relief and reassurance after a long period of uncertainty.
“From the beginning, my hope was to resolve this through tikanga, kōrero and houhou te rongo. Court was never the path I wanted to take, and it was only chosen when all other options had been exhausted.
“I remain committed to the kaupapa and to the responsibility entrusted to me by the people of Te Tai Tokerau. I carry with me the words and legacy of Dame Tariana Turia – to serve our people with humility, integrity and carry the aroha of the Māori Party.
“I look forward to being with everyone at the party’s AGM in Rotorua this Sunday.”
