PŌNEKE – The High Court has overturned the expulsion of Te Tai Tokerau MP Mariameno Kapa-Kingi from Te Pāti Māori, ruling that the party’s leadership committed “fundamental errors of law” and ignored its own constitutional tikanga.
In a judgment released on 10 March 2026, Justice Radich declared that the October 2025 suspension and November 2025 expulsion of Ms. Kapa-Kingi were unlawful and in breach of the party’s constitution, known as the Kawa. The court has ordered her immediate reinstatement to the party’s parliamentary membership.
A Breakdown in Process
The dispute began in late 2025 following budgetary disagreements and media interviews in which Ms. Kapa-Kingi used the word “dysfunction” to describe internal party matters. The party leadership, led by President John Tamihere and Secretary Lance Norman, alleged that Ms. Kapa-Kingi had misused parliamentary funds for personal gain and brought the party into disrepute.
However, Justice Radich found that the National Council meetings convened to discipline Ms. Kapa-Kingi were improperly constituted. Key members, including all other Pāti MPs and representatives from the Te Tai Tokerau electorate, were intentionally excluded from the decision-making process.
“The group of Pāti members who made the relevant decisions were not the National Council or any other relevant grouping within the constitution,” the Judge noted.
Tikanga Overlooked
The court placed significant emphasis on the fact that Te Pāti Māori failed to follow the “Serious Dispute” procedures mandated by its own Kawa. Under these rules, complaints should have first been referred to the local Electorate Council and then to a Disciplinary and Disputes Committee—steps the leadership deliberately bypassed.
Most notably, the Judge found the leadership had ignored the tikanga principles that underpin the party’s foundation, such as manaakitanga (respect), rangatiratanga (authority of the electorates), and kotahitanga (unity).
“To convene a meeting… without involving her, without giving any indication that a resolution to suspend her was on the table… could not on any view be seen as elevating and enhancing relationships,” Justice Radich stated.
Evidential Findings
While the court did not find that the allegations of fund misuse were “incontrovertibly wrong”—noting that such value judgments are often for the party to make—it ruled that the procedural failures were so grave that the expulsion could not stand. The court also dismissed a challenge against Mr. Tamihere’s presidency, finding his 2024 re-election valid.
Moving Forward
The ruling effectively forces Te Pāti Māori to reintegrate Kapa-Kingi into its caucus. Justice Radich declined to order a formal reconsideration of the charges, leaving it to the party to decide if they wish to pursue a “serious dispute process” correctly this time.
The Judge concluded the ruling by quoting a poem by Haare Williams, urging the parties toward rangimārie (peace) and aroha (love).
Te Pāti Māori have released a statement saying they will uphold the decision of the High Court and acknowledge Kapa-Kingi in her role as the elected member for Tāmaki Makaurau, therefore repatriating her back into the party.