NZ Law – High Court Rules in Kapa-Kingi v Tamihere: Expulsion Unlawful, Reinstatement Ordered

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In Kapa-Kingi v Tamihere [2026] NZHC 517 (10 March 2026), the High Court has delivered a landmark ruling on internal Te Pāti Māori governance, granting the judicial review application in part.

Te Tai Tokerau MP Mariameno Kapa-Kingi and the Te Tai Tokerau Electorate Council challenged the National Council’s November 2025 suspension and expulsion of Kapa-Kingi, alleging breaches of the party’s constitution (Kawa). The party cited alleged misuse of parliamentary/party funds for personal gain and bringing the party into disrepute. The applicants also contested the validity of President John Tamihere’s re-election after his first term expired.

Justice Radich held that the resolutions to suspend and expel Kapa-Kingi were unlawful under the party constitution. He issued declarations to that effect, set aside the decisions, and ordered her immediate reinstatement as a Pāti member. However, the court found no invalidity in the process for Tamihere’s re-election as president, dismissing that cause of action.

The decision follows interim reinstatement orders in December 2025 and a substantive hearing in February 2026. It restores Kapa-Kingi’s membership while upholding the current leadership structure, potentially stabilising the party after months of internal dispute. The full reasoned judgment is expected to be published shortly.

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