Mariameno Kapa-Kingi’s membership of Te Pāti Māori has been reinstated after taking her expulsion from the party to court. 

The decision from Justice Paul Radich, seen by the Herald, has found in Kapa-Kingi’s favour. 

The ruling means she should be able to participate in the party’s annual meeting this weekend. Te Pāti Māori had opposed her participation after expelling the Te Tai Tokerau MP last month. 

The decision is an interim measure ahead of a substantive hearing on February 2. 

Kapa-Kingi had launched the legal action against Te Pāti Māori president John Tamihere after maintaining her expulsion did not comply with the party’s constitution. 

Kapa-Kingi and Tamihere have been contacted for comment. 

Radich, who heard the case in Wellington’s High Court yesterday, wrote in his judgment there were “serious questions to be tried” regarding Kapa-Kingi’s expulsion. 

“I have found, on that issue, Ms Kapa-Kingi has a position that is necessary to preserve.” 

“I have found that the need to protect her position pending a substantive decision on the issues outweighs the difficulties the respondents perceive as arising if an order is made requiring her return.” 

Radich referenced the “extreme tension” Tamihere’s lawyer Davey Salmon KC has claimed would be caused by Kapa-Kingi being reinstated. 

However, he found Kapa-Kingi should be able to serve in the interim in her electorate on the basis upon which she was elected as a Te Pāti Māori MP. 

Radich added there would be “irretrievable prejudice” to Kapa-Kingi if she was not reinstated in the interim but was successful in February’s hearing. 

“While there would be prejudice to the respondents [Tamihere] in the event that the substantive decision comes out the other way, it would in my view be less.” 

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.