The High Court has ordered Te Pāti Māori to reinstate expelled Te Tai Tokerau MP Mariameno Kapa-Kingi as a party member, finding there are serious questions about the legality and fairness of the process used to remove her.
Justice Radich issued interim orders today, concluding that Kapa-Kingi’s position needed to be preserved until a full judicial review is heard in February.
The Court found there were arguable errors of fact and significant procedural flaws in the party’s handling of her suspension and expulsion, including a failure to follow its own dispute-resolution rules.
It noted evidence suggesting the allegation of misusing party funds stemmed from a Parliamentary Service budget overspend that was later reconciled, leaving Kapa-Kingi one dollar under budget, raising doubts about whether the issue was correctly characterised as misconduct for personal gain.
Concerns were also raised about the exclusion of both Kapa-Kingi and the Te Tai Tokerau Electorate Council from key hui, and whether the National Council meeting that expelled her met quorum requirements.
The Court said natural justice and tikanga-based processes may not have been followed.
A bid to restrain party president John Tamihere from acting in the role was declined, though questions about the validity of his presidency remain part of the substantive case.
Yesterday’s urgent hearing centred on claims the party’s disciplinary process breached its constitution, tikanga and basic fairness. The interim order means Kapa-Kingi must be treated as a full member and can attend Sunday’s AGM.
Tensions within Te Pāti Māori first surfaced this year when questions were raised about Kapa-Kingi’s electorate spending and her relationship with the national executive.
Concerns had escalated into a formal inquiry initiated by party leadership, prompting a series of internal hui across September and October.
According to evidence before the Court, Kapa-Kingi and the Te Tai Tokerau Electorate Council were not invited to several of these meetings, despite their direct relevance to the allegations.
In late October, the National Council moved to suspend her membership pending further investigation.
The following month, a disciplinary report was circulated internally, and on 24 November the National Council voted to expel her, a meeting the Court heard may not have reached quorum.
Kapa-Kingi filed for urgent judicial review shortly after receiving notice of the decision.
The case was fast-tracked for an urgent hearing this week, resulting in today’s interim reinstatement order.
A substantive hearing is scheduled for 2–3 February.
