Mariameno Kapa-Kingi, as an independent MP representing Te Tai Tokerau, at Parliament. Photo / Mark Mitchell
Mariameno Kapa-Kingi, as an independent MP representing Te Tai Tokerau, at Parliament. Photo / Mark Mitchell
Te Pāti Māori was wrong to expel MP Mariameno Kapa-Kingi in the way they did last year, the High Court has found.
In a highly anticipated ruling, released today, the High Court said Kapa-Kingi’s dismissal was unlawful, and she should be reinstated as a member of the party.
On a second issue, the court also ruled party president John Tamihere had been elected appropriately, after Kapa-Kingi and her Te Tai Tokerau electorate argued his election had “short cut” democratic processes.
Te Pāti Māori president John Tamihere. Photo / Mike Scott
In a statement, Te Pāti Māori said it respected the court’s decision and would be “repatriating” her back into the party.
Kapa-Kingi was elected to the Te Tai Tokerau Northland seat for Te Pāti Māori in 2023 after an unsuccessful attempt in 2017.
Her electorate win was one of six for the Te Pāti Māori amid “an incoming wave of support” for the party in the 2023 election.
But the party fell into turmoil last year amid allegations that implied its leaders were dictators (which the party has consistently rejected) and that Kapa-Kingi had brought the party into disrepute by misusing funds.
Tensions brewed after Kapa-Kingi was removed as party whip, a tense meeting was held that Kapa-Kingi walked out of, and the party sent an email to membership containing serious allegations against Kapa-Kingi and her son, high profile activist and former party ally, Eru Kapa-Kingi.
Internal fighting essentially split the party in two when Kapa-Kingi and Te Tai Tonga MP Tākuta Ferris, who has backed Kapa-Kingi through the ordeal, were expelled for what the party alleged were serious breaches of the party’s constitution.
Ferris has not challenged the expulsion in court.
Tākuta Ferris and Mariameno Kapa-Kingi in their seats in the debating chamber further back from Te Pāti Māori after being expelled from the party. Photo / Mark Mitchell
In his ruling, Justice Paul Radich says party leadership did not take up Kapa-Kingi’s request for face-to-face mediation or provide her with a chance to respond to the decision to expel her.
“They excluded her from the process that led to her expulsion from the party,” Justice Radich said.
Suspending Kapa-Kingi would have had significant impacts for her Northland constituents who had elected her, he said.
“They have an interest in her continuing to operate within a Parliamentary caucus where she may more effectively advance the causes they elected her on.”
He also concluded there was no power within the party’s constitution to expel one of the party’s members.
Therefore, he said, Kapa-Kingi’s suspension was unlawful “in the pure sense of that word” and breached the party’s protocols.
The party said it acknowledged the court decision which reinstated Kapa-Kingi into the party.
“Our focus remains firmly on the work ahead; on building the strength of our movement and ensuring this Government is a one-term Government,” it said.
“With the Court’s decision now delivered, this matter is concluded for the Party, and we will be moving forward with repatriating Mariameno Kapa-Kingi back into the Pāti.”
Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.
