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Summarised by Centrist
A High Court ruling has reinstated Te Pāti Māori MP Mariameno Kapa-Kingi to the party.
The judgment found the party had ignored its own rules, failed to follow its constitution, and denied the MP basic procedural fairness during the process that led to her suspension and expulsion.
Justice Paul Radich ruled the party’s decisions to suspend and later expel Kapa-Kingi were unlawful because the procedures required under the party’s constitution were not followed.
“Perhaps most fundamentally, the relevant tikanga principles … were not applied in any way,” the judge said.
He criticised the process that led to her suspension, noting the meeting that decided her fate was held without her involvement, without warning that suspension would be considered, and without giving her the opportunity to respond.
“To convene a meeting which would play a fundamental part in determining Ms Kapa-Kingi’s future with the Pāti without involving her … without allowing her an opportunity for a substantive response … could not on any view be seen as working together with respect,” Radich said.
The judge also ruled the resolution to expel her from the party “cannot stand” because the procedures required under the party constitution were not followed.
That finding means MPs elected under the party banner remain party members unless their status is changed through proper procedures.
Te Pāti Māori co-leader Rawiri Waititi said the party looked forward to “repatriating Mariameno back into the party,” while co-leader Debbie Ngarewa-Packer said the court had provided guidance.
