Expelled MP Mariameno Kapa-Kingi has taken Te Pāti Māori President John Tamihere to court over the party’s national council’s decision to expel her from the party.
On Wednesday, the expelled MP filed for an interim injunction which was heard today at Wellington’s High Court.
Appearing outside court this morning, Kapa-Kingi said she wished that she did not have to resort to legal action.
“My primary goal is reinstatement. That’s the thing. If that occurs, and I’m hopeful, as always, that’ll then put us back on track,” she said.
Expelled Te Pāti Māori MP takes her fight for reinstatement to court – Watch on TVNZ+
The expelled MP filed for an interim injunction yesterday, which was heard today at Wellington’s High Court. (Source: 1News)
Asked why she wanted to get back into the party, Kapa-Kingi said: “The kaupapa is still deeply in my heart, in my psyche.
“I didn’t say yes to Tariana (Turia) for no simple reason. I said yes to her because she asked me clearly and directly. So none of that has changed in my head, in my heart, despite all of the other things that have been, you know, running about.”
Tamihere did not attend court today, as his counsel Davey Salmon KC said that he had been overseas. Party secretary Lance Norman was in attendance.
The case for Mariameno Kapa-Kingi’s reinstatement
Her lawyer, Mike Colson KC, told the court that she came reluctantly, but did so because she wanted to be reinstated into the party.
He said that she had concerns about the power and influence exerted by Tamihere.
Colson pointed to an October 16 document sent to Kapa-Kingi by Norman, which accused her of misusing party funds for personal gain.
He contested this, saying that the spending of a parliamentary budget was different to that of party funds.
In a letter back to the party secretary on October 22, Kapa-Kingi contested the letter and called for de-escalation.
Colson also said regarding the votes to expel Kapa-Kingi that four on the national council voted to do so, but that the votes available should have been up to 39. Those who were not allowed to vote included MPs and other national council members.
He said that Kapa-Kingi’s expulsion was a “breach of natural justice” and the case was “overwhelming” that she was wrongfully expelled and that it was “unlawful”.
He also said the decision to suspend her on October 23 was also unlawful, as there were no parts of the constitution that enabled them to do so.
Colson said that the part of the party’s constitution, which is clause 9 that deals with serious disputes, only has one mention of the national council and that is that they should be informed, but that is their only role and that any problems should be dealt with by the disciplinary and disputes committee.
But Colson said there was no evidence of a disciplinary and disputes committee being set up related to the complaints made against Kapa-Kingi.
Colson also said the party had no power to exclude Te Tai Tokerau from voting regarding Kapa-Kingi’s expulsion.
Regarding Kapa-Kingi’s budget, Colson said the overspend was only a projected one and that it was remedied so there was no overspend.
He said that it was signed off by one of the co-leaders, who agreed to the amendments, before it was later revoked.
Colson said there was an underspend of $1 in the Te Tai Tokerau budget.
He said that there was an agreement between the Speaker and Debbie Ngarewa-Packer to move 18% of Kapa-Kingi’s third year budget to year two to cover the projected overspend.
Colson also said that Tamihere’s presidency was unlawful.
He was elected in June 8, 2022, but that was for three years, meaing his term expired on June 8 earlier this year.
Colson said that the party secretary affirmed that Tamihere could continue in his role as President, but there was no preservations in the constitution to do so.
Colson said he was not pushing the case against Tamihere’s presidency strongly and that his main case is for the reinstatement of Kapa-Kingi to the party.
The case against Mariameno Kapa-Kingi’s reinstatement
Salmon began his opening statement by disagreeing with Colson, saying that the case was not overwhelming for Kapa-Kingi’s reinstatement.
Salmon said there are provisions in the party’s constitution to remove members for matters that are more than just the misuse of party funds.
He hinged that point on clause 3.6 of the constitution which said: “The National Council may cancel any membership that the Council believes does not meet the criteria outlined in clause 3.1. The member shall be advised in writing of the decision. The member may appeal that decision at the next national hui of the Pāti, where the decision shall be final.”
Salmon said that 3.6 was “the power” and the disputes mechanisms are available.
He said that Colson’s point regarding the national council not having the power is disregarded as a result of clause 3.6.
Salmon said that the “final decision” regarding candidacy is decided by the national council and the electoral committee – and therefore that should apply to the expelling of MPs too.
Salmon said that the misuse of parliamentary funds should be seen as being the same as party funds.
He said they should both be treated as cases of “serious misconduct” and there is an interpretation issue.
Regarding the funds, Salmon said the matter was far more complicated than what had been implied by Colson — including that Kapa-Kingi’s son Eru was paid as a result of those parliamentary funds.
Salmon said that the late Takutai Tarsh Kemp did not agree with the transferring of funds from her budget into Kapa-Kingi’s, while Kemp was unwell.
He provided messages in the affidavit from Kemp to support these claims.
In response to the claims that Tamihere’s presidency was unlawful, Salmon said that at the 2024 AGM it was agreed that it would be deferred for three years, which was attended by Kapa-Kingi.
He said that her complaints about it were 12-13 months after the fact.
Salmon said that Tamihere was appointed for a three-year term as president in October.
He said Colson’s case that not holding a presidency election earlier in the year was “extraordinary” and that the existing president should be able to continue until a new one is appointed and that you don’t not have a leader.
He used the US presidency as an example.
Salmon said that Colson focused on the case of the parliamentary funds, but that Kapa-Kingi also brought the party into disrepute as well as her son Eru.
He referred to section 9.16 of the party’s constitution which stated ‘All members of Te Pāti Māori must undertake not to disclose to any person, or make use of any information, document or material of a personal nature that may embarrass the Pāti or has the potential to bring it into dispute. This includes the media or any other political Pāti.’
Salmon did concede that the issues regarding the spending were resolved with parliamentary services.
He said regarding tikanga in this case that he would be surprised that a body of senior people like “elders” at the national council would not have the power to expel someone like Kapa-Kingi.
Salmon argued that the case of whether or not Kapa-Kingi is reinstated to Te Pāti Māori should be made at the next hearing in February and not immediately as there are “few” sitting days until the next hearing and Kapa-Kingi remains an MP and was still being paid to do so.
He said because Kapa-Kingi was no longer a member she therefore cannot attend the AGM and there was no prejudice to do so.
Salmon said an interim reinstatement for Kapa-Kingi was not necessary and the threshold has not been met.
He said giving her interim reinstatement would give a seal of approval of her position, when there’s a more substantive hearing that could make that decision.
Colson had earlier said that Kapa-Kingi had been told that she can attend the first two hours of the AGM, but after then needs to leave.
The follow-up from Kapa-Kingi’s team
Colson said that at the time, projected overspends were also due to be recorded by co-leaders Ngarewa-Packer and Rawiri Waititi.
He said that you cannot use clause 3.6 without taking into account clause 9.16 regarding process for expulsion.
What happens next?
Justice Radich has reserved his decision until 4pm tomorrow regarding whether or not Kapa-Kingi will be temporarily reinstated as an TPM MP.
A more substantive hearing was set down for February 2 or 3 next year.
Today’s hearing came just days before Sunday’s annual general meeting for Te Pāti Māori which was being held in Rotorua.
The party’s national executive recently declined to attend a hui that was called by Ngāpuhi.