3.20pm - By KEVIN TAYLOR
UPDATE - Former Act MP Donna Awatere Huata is set to lose her seat in Parliament following a decision by the Supreme Court today.
The court announced it was ruling in Act's favour in invoking the Electoral (Integrity) Amendment Act - the so-called party hopping law.
Act had argued she was no longer a member of its caucus and that its proportionality as determined at the last election has been affected.
Act tried invoking the law last November after the Serious Fraud Office charged Mrs Awatere Huata and husband Wi with fraud and attempting to pervert the course of justice.
The charges follow a series of Dominion Post articles starting in December 2002 alleging the couple misused money earmarked for education programmes through the Pipi Foundation.
After her expulsion from Act, Parliament's Speaker Jonathan Hunt declared her an independent MP. She started legal action, but the High Court ruled in Act's favour. She appealed, and the Court of Appeal overturned that decision in July.
Act, in turn, took the case to the new Supreme Court, which heard arguments last month.
The vacancy caused by Mrs Awatere Huata's departure will be filled by the next list MP on Act's party list, Auckland businessman Kenneth Wang, who will be attending a media conference with Act leader Rodney Hide later this afternoon.
Last month former Act leader Richard Prebble indicated his determination to see her go, saying she would retain lifetime benefits like free air travel if she stayed until the next election "but not if I can help it".
In delivering the decision, Chief Justice Dame Sian Elias said Mrs Awatere Huata was elected on the list, and her actions had led to her present status as an independent.
ACT leader Rodney Hide said after the hearing the party would be immediately seeking Mrs Awatere Huata's expulsion from Parliament. He will be delivering a letter to the Speaker.
Mrs Awatere Huata said: "I am going to take a few weeks to reflect on my future."
- additional reporting NZPA, NEWSTALK ZB
Awatere facing expulsion from Parliament after court decision
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