MP Mariameno Kapa-Kingi. Photo: VNP / Phil Smith
Te Pāti Māori has acknowledged an interim high court ruling reinstating ousted MP Mariameno Kapa-Kingi as a member of the party,
In a statement the party said the judge declined three of the four requests in Kapa-Kingi's application, which included removing party president John Tamihere, stopping the party's Annual General Meeting (AGM) this weekend, and preventing the party's national council and executive from passing further resolutions.
Co-leader Debbie Ngarewa-Packer said the party was pleased to see Tamihere retain his position, and for the AGM to proceed as scheduled.
"We look forward to hosting our members on Sunday and bringing this directly to them. Our priority is, and has always been, our people," she said.
Co-leader Rawiri Waititi said kotahitanga must prevail. The party said it remained committed to its tikanga and people.
The court decision will be revisited at a full hearing in early February next year, but as she has been reinstated, Kapa-Kingi will be able to attend the AGM.
In a ruling published Friday afternoon, Justice Paul Radich said there were "serious questions to be tried" on the manner in which Kapa-Kingi was expelled from the party.
He said there were "certainly tenable arguments" that the expulsion was founded upon "mistaken facts and procedural irregularities".
Justice Radich said he's of the view there was a "position to preserve'. He acknowledged Kapa-King's position in Parliament no longer reflects her election as an MP for Te Pāti Māori.
He pointed to practical considerations that weigh in favour of preserving her position as a member, such as access to party databases.
"While excluded, she and her staff can no longer access Te Pāti Māori database.
"Equally, the second applicant's email address has been cancelled by the Pāti. That causes all sorts of issues for representation of the electorate," said Justice Radich.
He also said Kapa-Kingi was not able to attend the AGM or other hui if she was not a member of the party.
"While the respondents have, in the assurances they have given, said that Ms Kapa-Kingi is welcome to attend the "protocol" session prior to the formal AGM - and that this is where the real discussion and pātai take place.
"That is a poor substitute for the full participation that would be open to her were she a member."
The respondents had argued reinstating Kapa-Kingi was likely to "create extreme tension within Te Pāti Māori's MPs and leadership" and the impact on the applicants was less significant if the order had not been granted, given the limited amount of time between now and the substantive hearing.
Justice Radich said in response that overall, "I do see it as being relevant for Ms 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."
Justice Radich's decision to make an interim order pending the substantive hearing that will take place in February next year was released on Friday afternoon.
It followed Kapa-Kingi's application for a temporary court order to reinstate her into the party and remove party president John Tamihere, which was heard by Justice Radich in the High Court at Wellington on Thursday morning.
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.
She took the fight against her expulsion to court just days before the party's AGM, taking place on Sunday in Rotorua, which she wasn't able to attend in full following her expulsion.
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".
"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."
The case
Kapa-Kingi's lawyer Mike Colson KC said 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 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.
On the decision itself, Colson said it had myriad issues, including the national council having no power to suspend or expel a member, the parliamentary funds in question not being party funds, there being no misuse of the funds (including for personal gain) and that a natural justice process had not been followed.
Tamihere's lawyer Davey Salmon KC argued Kapa-Kingi's assertion her case for legal intervention against her expulsion was "overwhelming" was 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 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.
A more substantial hearing has been set down for 2 February 2026.
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