Mariameno Kapa-Kingi officially reinstated to Te Pāti Māori

Photo: VNP / Phil Smith 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...

Mariameno Kapa-Kingi officially reinstated to Te Pāti Māori

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