Mariameno Kapa-kingi Officially Reinstated To Te Pāti Māori

Lillian
Hanly, Political reporter

MP Mariameno
Kapa-Kingi has officially been reinstated to Te Pāti
Māori, following a High Court decision that ruled her
suspension and subsequent expulsion was
“unlawful”.

Justice Paul Radich declared the
resolutions to suspend Kapa-Kingi as a member of Te Pāti
Māori and expel her from the party and cancel her
membership were in breach of the party’s kawa – the rules
and requirements – and therefore, were ruled
unlawful.

Radich said the tikanga principles that are
infused into the kawa document “were not mentioned or
applied” in relation to her suspension.

“Perhaps most
fundamentally, the relevant tikanga principles – which must
inform the way in which a decision-maker considers the
Kawa’s rules – were not applied in any way,” Radich
said.

“To convene a meeting which would play a
fundamental part in determining Ms Kapa-Kingi’s future with
the Pāti without involving her, without giving any
indication that a resolution to suspend her was on the
table, without allowing her an opportunity for a substantive
response, and in the absence of the members of her
electorate council, could not on any view be seen, for
example, as elevating and enhancing relationships, as
working together with respect, as promoting whanaungatanga,
as working for unity, as developing an environment that
nourishes wairua or that reflects the attributes of
rangatira.”

On the matter of her expulsion, Radich
said the “resolution cannot stand”.

“The procedure in
the Kawa that needed to be followed before a resolution of
that type could be passed was simply not
followed.”

The ruling comes after Kapa-Kingi
challenged the party’s president John Tamihere, and the
process in which she was expelled, in
court.

Kapa-Kingi’s lawyers argued Te Pāti Māori’s
constitution was not upheld during a process that resulted
in her expulsion from the party.

Mike Colson KC argued
the party’s National Council did not have the power to expel
Kapa-Kingi, and that it breached the dispute process and
tikanga.

Responding, Te Pāti Māori’s lawyer Davey
Salmon KC denied Kapa-Kingi’s claims the constitution had
been breached, or that any party funds were
misused.

He said Kapa-Kingi was expelled due to “real
concerns about [her] public statements and
disrepute”.

The judge also outlined there was no need
to make a distinction between Te Pāti Māori as a political
party and as a parliamentary party.

When the interim
order was made at the end of last year, temporarily
reinstating Kapa-Kingi to the party, she was able to
participate in the party’s AGM, and was not vulnerable to
the provisions of waka jumping legislation.

The judge
noted however she was not able to attend caucus meetings,
due to that distinction.

“I do not see there to be any
distinction between Te Pāti as a political party and as a
parliamentary party.

“Te Pāti Māori is a registered
political party. Its “parliamentary membership” comprises
those MPs who were elected under the umbrella of the party
and whose membership status has not changed since the
preceding general election,” Radich ruled.

Te Pāti
Māori acknolwedged the decision and said it would respect
and uphold it.

In a statement the party said it
acknowledged “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 the matter was concluded
for the party, and it would be moving forward with
repatriating Kapa-Kingi into the Pāti.

Kapa-Kingi has
been approached for comment.

Political parties
respond

Te Pāti Māori co-leader Rawiri Waititi told
reporters on the way into Question Time the party respected
the court’s decision, and “we look forward to repatriating
Mariameno back into the party.”

Asked how the court
could find the party didn’t follow kawa, co-leader Debbie
Ngarewa-Packer said the court gave “guidance and gave
direction,” and it was important to receive
that.

“It’s been a long time, we need to go back to
what we’re here for, which is the kaupapa to serve our
people.”

The party leaders wouldn’t say they got it
wrong, “we acknowledge the court has given
guidance.”

“I think the court’s made it really clear
where we stood – I don’t know if anyone else’s got some
other questions” Ngarewa-Packer said.

On whether
Kapa-Kingi was still the party’s candidate for Te Tai
Tokerau, Ngarewa-Packer said that hadn’t
changed.

Asked how the party would navigate having
Kapa-Kingi back in the caucus givent there was a rift, she
said it was important to acknowledge Kapa-Kingi had every
right to go to court.

“But we’ve always been really
focused on what this kaupapa is about,” said Ngarewa-Packer,
such as fighting for Māori, making sure Te Tiriti issues
were addressed and “getting rid of this
government.”

“We’re very united on
that.”

Waititi said he’d made attempts to contact
Kapa-Kingi on Tuesday.

On whether MP Tākuta Ferris –
also expelled by the party – would look to be reinstated as
well following the ruling, Waititi said Ferris had made it
“quite clear” he’d be running as an independent in this
election, “and I wish him all the luck.”

NZ First
Deputy Leader Shane Jones also weighed in, saying the party
brought this “disharmony” onto their own house, “now the
court has spoken.”

But it was up to Te Tai Tokerau
voters whether they continued to support
Kapa-Kingi.

“But, I always said, she was treated very
poorly.”

When asked, Labour leader Chris Hipkins said
it was the first he’d heard of the outcome, “but good luck
to them.” He said he hadn’t followed the case and couldn’t
give
comment.

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