Ousted Māori MP Challenges Expulsion in High Court Ahead of AGM

Mariameno Kapa-Kingi, a former member of Te Pāti Māori (TPM), is contesting her recent expulsion from the party in a High Court hearing in Wellington. The challenge comes just days before TPM’s annual general meeting scheduled for March 15, 2024, in Rotorua. Kapa-Kingi seeks to be reinstated as a member in time to attend the meeting, arguing that her expulsion was unlawful.

The legal action follows her expulsion last month alongside fellow MP Tākuta Ferris. Kapa-Kingi’s attorney, Mike Colsen, KC, asserts that her case is “overwhelming” and that the National Council lacked the authority to expel her. He contends that the council had not convened properly and disputes the claim of mismanagement of party funds, which he notes is the primary reason for her expulsion.

Colsen highlighted a September email from the party indicating that Kapa-Kingi’s parliamentary budget overspending, initially reported as $133,000, could be resolved. He contrasted this with an October 16 letter from party secretary Lance Norman, which accused her of misusing party funds. Colsen clarified that the funds in question relate to parliamentary allocations, not party finances, stating, “There was no misuse of any funds, let alone for personal gain.”

As part of her defense, Kapa-Kingi has provided evidence suggesting her budget was eventually aligned with party expectations. Colsen also pointed out the lack of a formal complaint to her electorate committee regarding her conduct. He presented a letter signed by Kapa-Kingi, Ferris, and sitting TPM MP Oriini Kaipara, which sought a resolution to the issues before the expulsion.

The situation at TPM has been marked by internal turmoil, involving a series of allegations and counter-allegations that culminated in the expulsion of Kapa-Kingi and Ferris. The party’s co-leaders refrained from detailing the specific allegations but stated they had violated the party’s constitution. Both Kapa-Kingi and Ferris indicated their intent to challenge the expulsion and have continued to engage with their local electorate committees.

Internal Strife and Allegations

The expulsion followed a tumultuous period for TPM, which included an unsigned email sent to all members outlining allegations against Kapa-Kingi and her son, Eru Kapa-Kingi. Eru, a former party vice-president, had previously fallen out with party president John Tamihere and has led the Toitū Te Tiriti protest movement, which publicly severed ties with TPM, labeling its leadership a “dictatorship.”

Kapa-Kingi’s demotion from party whip was attributed to iwi leaders wanting her to focus more on her electorate. In the weeks leading up to the expulsion, the party circulated allegations that Kapa-Kingi had exceeded her parliamentary budget and that Eru had been barred from Parliament due to an incident with security staff. Kapa-Kingi has since provided evidence suggesting her spending was under budget during the relevant period.

Ferris has commented that there “wasn’t a consensus” among party members regarding the dissemination of the allegations against Kapa-Kingi. His electorate executive even launched a petition calling for Tamihere to resign immediately. In a public statement, Tamihere urged Kapa-Kingi and Ferris to “do the honourable thing” and leave the party, making further accusations, including that Kapa-Kingi had explored a potential leadership bid.

As this legal challenge unfolds, the implications for Te Pāti Māori and its leadership will be closely monitored, particularly as Kapa-Kingi seeks to reclaim her position within the party ahead of the pivotal annual meeting.