Te Pāti Māori judgment day over House haka to land alongside party’s ‘independent’ hearing

Te Pāti Māori is likely to find out if three of its MPs will face punishments for performing a haka in the House, in the same week the party intends to broadcast an ‘independent’ hearing about the incident.

Parliament’s Privileges Committee met again today, described by chairwoman Judith Collins as Te Pāti Māori’s “final chance” for co-leaders Rawiri Waititi, Debbie Ngarewa-Packer and MP Hana-Rāwhiti Maipi-Clarke to explain their actions in the House during the first reading of the now-scrapped Treaty Principles Bill in November.

While the MPs chose not to appear and instead made a written submission, Collins confirmed the committee had discussed the matter and would meet again during Parliament’s next sitting block in May.

She said the committee would “consider further and if possible, make a determination at that stage”.

Collins acknowledged the party’s written statement, confirming it would be taken into account during the committee’s deliberation.

New Zealand First leader and committee member Winston Peters referred all questions to Collins and did not give his view on the MPs’ absence from today’s session.

“We’ll reflect that in our consideration as a committee.”

Privileges Committee chairwoman Judith Collins says members could reach a decision next month. Photo / Mark Mitchell

Te Pāti Māori distributed its written submission to the media while the committee was still sitting, claiming there was no need to appear in person.

“We know the outcomes have been pre-determined. We know that we will not have the right to a fair process,“ Waititi said.

When the MPs first ignored the committee’s request to appear a month ago, Waititi and Ngarewa-Packer announced the party would hold an “independent” alternative hearing on May 7 - in the same week when the Privileges Committee is expected to reconvene.

Ngarewa-Packer today said the party’s hearing would still take place and be broadcast publicly, promising to reveal more details in the coming days.

“We are determined to tell our own story, our way, without being gaslit or shackled.”

In its submission, Te Pāti Māori reiterated its concerns about how the Privileges Committee had allegedly denied several of the party’s requests, including appearing before the committee alongside a tīkanga expert and legal counsel.

Collins had pushed back on the latter, saying MPs were able to bring legal counsel but she clarified they wouldn’t be able to cross-examine like in a traditional court process.

Chief among the party’s concerns was the potential for Maipi-Clarke to suffer “double jeopardy” or be punished twice for her part in the haka, which she began and included her ripping a copy of the bill and tossing it on the floor of the House.

Following the haka, Speaker of the House Gerry Brownlee punished Maipi-Clarke by naming her in the House and she was stood down for 24 hours, which included her pay being docked.

In the submission, the party detailed how Maipi-Clarke and her co-leaders had spoken with Brownlee the next day, during which Maipi-Clarke apologised.

Te Pāti Māori MP Hana-Rāwhiti Maipa-Clarke was among those to perform a haka, at Parliament, after the first reading of the Treaty Principles Bill. Photo / RNZ

The party claimed Waititi was then assured by Brownlee there would be no “double jeopardy”.

“We ask the committee to remove Hana from this process without any further sanction, as she has already been punished by the Speaker for her participation,” the party’s submission read.

The submission featured statements from all three MPs explaining the reason for performing the haka, citing the impact of the Treaty Principles Bill and the need to respond in such a way.

“To stand in Parliament, as both a Taranaki wahine and an MP during the debate of the Treaty Principles Bill felt like being ‘under siege’ - not just politically, but spiritually, culturally, and generationally,” Ngarewa-Packer said.

“To haka was my deepest response to the injustice, my declaration of identity, and my expression of political debate.”

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.