Source: Radio New Zealand
Te Pāti Māori co leaders Debbie Ngarewa-Packer and Rawiri Waititi announce the MPs’ expulsion. RNZ/Samuel Rillstone
Te Pāti Māori’s decision to expel two of its MPs leaves it with further decisions to be made.
The decision taken by the party’s National Council overnight means Mariameno Kapa-Kingi will remain as MP for Te Tai Tokerau, and Tākuta Ferris remains for Te Tai Tonga – both as independents with no party affiliation.
Appeals
Under the party’s constitution, the MPs can appeal the decision to end their membership.
The Constitution sets out that the National Council can cancel any membership if it no longer believes the person meets its requirements of:
- Working to support Te Pāti Māori kaupapa and tikanga
- Acting within the party’s constitution
- Abiding by decisions made under the constitution
- Completing official membership forms and paying the appropriate membership fee
- Not being a member of a competing political party or organisation determined to be incompatible with the party
The decision is officially made final at the party’s next national hui – its AGM set down for 7 December – which is also where the MPs can seek to have the decision appealed.
File photo. Mariameno Kapa-Kingi, who will remain as MP for Te Tai Tokerau, confirmed she would appeal the expulsion. VNP / Phil Smith
Kapa-Kingi on social media confirmed her intention to appeal. Ferris called the decisions “illegal” and said he rejected them “in the strongest possible terms”.
Also worth noting: co-leader Debbie Ngarewa-Packer confirmed leaking of details to the media was being investigated.
Members found to have broken a ban on sharing information with the media relating to a party dispute process can also be found to have brought the party into disrepute.
A member found guilty off misusing party funds could also be immediately expelled.
‘Waka-jumping’
The party could also seek to invoke the so-called “waka-jumping” or “party hopping” legislation to have Kapa-Kingi and Ferris removed from Parliament entirely.
The leaders on Monday said using the provision had not yet been considered.
Doing so would require the party leaders to write to Parliament’s Speaker Gerry Brownlee to say they believed the MPs were distorting the proportionality of Parliament.
They would need to provide reasoning to justify their claim about the distortion, as well as getting at least two-thirds of the party’s MPs to agree and giving the rogue MPs 21 days to respond – as well as following any relevant party rules.
Because the party’s constitution sets out the process for members’ removal, the requirement to get two-thirds of the party’s MPs to agree to sending the letter does not include Kapa-Kingi or Ferris.
File photo. Tākuta Ferris, MP for Te Tai Tonga, called the decisions “illegal”. RNZ / Samuel Rillstone
This means – presuming the MPs are ejected at the AGM – the party would be able to use the waka-jumping provisions with support from just three of its four remaining MPs.
Alternatively, Kapa-Kingi or Ferris could choose to invoke the legislation themselves, by writing to the Speaker to notify him of their resignation from the party.
The waka-jumping law was most recently used by the Green Party to eject their former MP Darleen Tana last year.
But it was not used in the case of Meka Whaitiri in 2023 after the then-Labour MP quit the party, because her email of resignation to Parliament’s Speaker was judged not to meet the threshold in the law.
Whaitiri retained her seat as an independent despite announcing her intentions to support Te Pāti Māori. She subsequently lost her Ikaroa-Rāwhiti seat to Labour’s Cushla Tangaere-Manual in the 2023 election.
Ejecting Kapa-Kingi and Ferris would trigger a by-election for the MPs’ electorates.
A by-election would not be held if the MPs are removed less than six months ahead of a general election (or of Parliament’s three-year term ending), but this also requires three quarters of all Parliament’s MPs to agree not to hold the by-election.
If the by-elections went ahead, any party could contest the MPs’ seats.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
