The High Court has ruled that Te Tai Tokerau MP Mariameno Kapa-Kingi was unlawfully expelled from Te Pāti Māori, finding the party failed to follow its own constitutional processes before removing her membership.
In a judgment released today, Justice Radich said the party’s National Council did not comply with the procedures set out in Te Pāti Māori’s constitution, known as the Kawa, when it suspended and later expelled the MP in late 2025.
The Court found that Kapa-Kingi was excluded from key meetings and was not given a proper opportunity to respond to allegations against her before the decisions were made.
Justice Radich also ruled that the meetings used to suspend and expel her were not properly constituted under the party’s Kawa.
Several members who should have been present, including MPs and representatives from the Te Tai Tokerau electorate council, were not invited.
Because the required processes were not followed, the Court ruled the expulsion decision was unlawful.
The decision means Kapa-Kingi has been reinstated as a member of Te Pāti Māori.
Courts can review political party decisions
In a significant constitutional finding, the High Court also ruled it had jurisdiction to review the party’s decision.
Justice Radich rejected arguments that the matter was purely internal party business, saying the expulsion of a sitting MP has clear public consequences.
He noted voters in Te Tai Tokerau elected Kapa-Kingi as a member of Te Pāti Māori and have an interest in her continuing to operate within the party in Parliament.
Tikanga central to the party’s constitution
The judgment also placed strong emphasis on tikanga Māori principles embedded within the party’s constitution.
Justice Radich said the Kawa incorporates tikanga concepts including manaakitanga, rangatiratanga, whanaungatanga and kotahitanga, and that these principles must be applied when interpreting and carrying out party processes.
The Court found the way the dispute was handled did not align with those principles or with the dispute processes set out in the constitution.
Misuse of funds allegation not supported
One of the main allegations relied on by party leadership was that Kapa-Kingi had misused party or parliamentary funds.
However, the Court found there was no evidential basis to support claims that she used party funds for personal gain.
The judgment noted that the Parliamentary Service had approved relevant spending arrangements and that the financial issues largely related to budget management within parliamentary funding rules.
Challenge to Tamihere presidency unsuccessful
Kapa-Kingi had also challenged the validity of John Tamihere’s position as president of Te Pāti Māori.
However, the High Court dismissed that claim.
Justice Radich found there was no basis to invalidate Tamihere’s confirmation as party president at the party’s 2024 annual general meeting.
Dispute within party leadership
The dispute followed months of tensions between Kapa-Kingi and party leadership during 2025.
Relations deteriorated after disagreements over parliamentary budget transfers and media interviews in which Kapa-Kingi referred to dysfunction within the party.
In October 2025, the party moved to suspend her, before the National Council voted to expel her weeks later.
Justice Radich stressed the Court was not deciding whether Kapa-Kingi’s conduct justified disciplinary action, but whether the party followed a lawful process.
Kapa-Kingi was first approached by Dame Tariana Turia to stand for Te Pāti Māori in 2017 and won the Te Tai Tokerau seat at the 2023 general election.
Te Pāti Māori respond - ‘acknowledges decision’
Te Pāti Māori says it acknowledges the decision of the High Court in relation to proceedings brought by Mariameno Kapa-Kingi.
In a statement sent soon after the court decision was made public, Te Pāti Māori said it respects the ruling of the Court and will uphold its decision.
“We acknowledge Mariameno Kapa-Kingi in her role as the elected representative for Te Tai Tokerau.
“Out of respect for the Court’s process and the mana of all involved, Te Pāti Māori will not be engaging in ongoing commentary or relitigating this matter through the media.” the statement said.
They say their focus remains firmly on the work ahead; on building the strength of the movement and ensuring the Government is a one-term Government.
“With the Court’s decision now delivered, this matter is concluded for the Party, and we will be moving forward with repatriating of Mariameno Kapa-Kingi back into the Pāti.” It concluded.
Mariameno Kapa-Kingi is still expected to make statements on the court decision.
