1 00:00:00,120 --> 00:00:00,840 Speaker 1: Good afternoon. 2 00:00:00,840 --> 00:00:04,000 Speaker 2: The High Court has ruled that Maori Party MP Maria 3 00:00:04,000 --> 00:00:05,760 Speaker 2: men Or Kapa king Ei, the one who was ousted, 4 00:00:05,840 --> 00:00:08,479 Speaker 2: must now be reinstated as a member of the Maori Party. 5 00:00:08,480 --> 00:00:10,719 Speaker 2: This means you'll be able to attend this weekend's AGM, 6 00:00:10,760 --> 00:00:13,440 Speaker 2: where big decisions are expected to be made. Graham Edgeler 7 00:00:13,520 --> 00:00:17,120 Speaker 2: is a constitutional law expert and with us now, hi Graham, 8 00:00:17,280 --> 00:00:19,400 Speaker 2: Hello Jesus. Is unusual, isn't it. 9 00:00:21,840 --> 00:00:25,240 Speaker 1: A little? Certainly courts have been involved in political party 10 00:00:25,239 --> 00:00:28,600 Speaker 1: disputes before, and it's not unusual for courts to sort of, well, 11 00:00:28,640 --> 00:00:30,600 Speaker 1: you know, well we're adding a two or three months 12 00:00:30,680 --> 00:00:33,640 Speaker 1: while we sought this thing up. Let's preserve the party's positions. 13 00:00:33,680 --> 00:00:35,840 Speaker 1: And that's kind of what they've done here. Doesn't always happen, 14 00:00:35,920 --> 00:00:36,760 Speaker 1: but it's not unknown. 15 00:00:37,159 --> 00:00:39,800 Speaker 2: Can you think of another occasion where where a court 16 00:00:39,800 --> 00:00:42,400 Speaker 2: has said an MP must be returned to the party. 17 00:00:44,320 --> 00:00:47,720 Speaker 1: Not to quite this extent, we've certainly had courts say 18 00:00:47,760 --> 00:00:51,080 Speaker 1: that parties can't do certain things like take final steps 19 00:00:51,120 --> 00:00:54,280 Speaker 1: to expel someone or you know, to get someone kicked 20 00:00:54,280 --> 00:00:57,200 Speaker 1: out of parliament. Often they might side with the party 21 00:00:57,240 --> 00:00:59,680 Speaker 1: at the end, but you remember the Donna Awa teddi 22 00:00:59,720 --> 00:01:02,880 Speaker 1: Khua thing that had an interim order in place, where 23 00:01:02,880 --> 00:01:04,959 Speaker 1: it's okay, don't do anything, but now don't do anything 24 00:01:05,000 --> 00:01:06,759 Speaker 1: in our while we argue about this in courtant that's 25 00:01:06,760 --> 00:01:09,240 Speaker 1: sort of the position we're here. Ultimately, if the party 26 00:01:09,280 --> 00:01:11,880 Speaker 1: Mary wants to get rid of this person from their party, 27 00:01:12,600 --> 00:01:14,480 Speaker 1: they'll probably be able to do it, and the courts 28 00:01:14,520 --> 00:01:16,560 Speaker 1: will probably let them, but it might insist on them 29 00:01:16,560 --> 00:01:20,160 Speaker 1: going through certain processes and making sure that fairness and 30 00:01:20,240 --> 00:01:22,560 Speaker 1: accuracy and and certain things like that. And so in 31 00:01:22,600 --> 00:01:25,280 Speaker 1: the interim they're saying, let's leave things the way they work. 32 00:01:25,560 --> 00:01:27,120 Speaker 1: You're still a member of the party. You can go 33 00:01:27,160 --> 00:01:29,440 Speaker 1: to the meeting, and you know, we can have a 34 00:01:29,440 --> 00:01:32,360 Speaker 1: bigger argument, the fuller argument in February next year. 35 00:01:32,400 --> 00:01:34,360 Speaker 2: Okay. Now, the argument, as you say, is set down 36 00:01:34,400 --> 00:01:36,679 Speaker 2: for February and the court, So are they able to 37 00:01:36,720 --> 00:01:39,280 Speaker 2: if they really want to re kick her out between 38 00:01:39,319 --> 00:01:41,520 Speaker 2: now in February. 39 00:01:44,240 --> 00:01:47,160 Speaker 1: Probably not, but they could certainly take the decision that 40 00:01:47,560 --> 00:01:50,000 Speaker 1: decisions that they might need to take so that when 41 00:01:50,080 --> 00:01:53,240 Speaker 1: we get to February things can happen very quickly. So 42 00:01:53,280 --> 00:01:56,160 Speaker 1: the court has said this person is a member of 43 00:01:56,200 --> 00:02:00,200 Speaker 1: your party, and there's a court order, and so they 44 00:02:00,240 --> 00:02:02,640 Speaker 1: try and take steps, but sort of the earlier steps, 45 00:02:02,680 --> 00:02:05,640 Speaker 1: not the finalize you've finally kicked out, but some of 46 00:02:05,680 --> 00:02:08,840 Speaker 1: the earlier processes, you know, including you the HUI this weekend, 47 00:02:09,240 --> 00:02:11,440 Speaker 1: you know, those can go along and have the discussions 48 00:02:11,440 --> 00:02:14,680 Speaker 1: that might need to be had, but the ultimate decision 49 00:02:15,000 --> 00:02:17,720 Speaker 1: who you know, this person stays a member, this person 50 00:02:17,840 --> 00:02:20,600 Speaker 1: might be kicked out, will probably not be able to 51 00:02:20,639 --> 00:02:24,080 Speaker 1: happen before February now or a judgment after February. 52 00:02:24,080 --> 00:02:25,600 Speaker 2: Graham, I don't know how much you know about the 53 00:02:25,639 --> 00:02:27,800 Speaker 2: politics of the situation, So tell me if you don't. 54 00:02:27,840 --> 00:02:30,320 Speaker 2: But why does she want to be back in the party? 55 00:02:30,360 --> 00:02:32,079 Speaker 2: What is the what is the relevance of this? Is 56 00:02:32,120 --> 00:02:34,440 Speaker 2: this in order to be able to influence a decision 57 00:02:34,480 --> 00:02:39,799 Speaker 2: this weekend at the AGM about maybe kicking John talmahead out? 58 00:02:40,880 --> 00:02:41,200 Speaker 2: I don't. 59 00:02:41,400 --> 00:02:43,200 Speaker 1: That seems not to be the case. And so one 60 00:02:43,200 --> 00:02:46,840 Speaker 1: of the things that is part of the part of 61 00:02:46,880 --> 00:02:50,400 Speaker 1: the process in court was she sought for orders, you know, 62 00:02:50,720 --> 00:02:55,200 Speaker 1: four different orders stopping John Tummerheae being being the pretty president, 63 00:02:55,880 --> 00:02:58,959 Speaker 1: stopping her being kicked out under the under the Electoral 64 00:02:59,040 --> 00:03:01,959 Speaker 1: Integrity Act waki jum law, and a couple of others 65 00:03:02,200 --> 00:03:04,920 Speaker 1: to judge only made one because in this particular case, 66 00:03:05,040 --> 00:03:07,640 Speaker 1: Party Marti said, we'll promise those two other ones and 67 00:03:07,680 --> 00:03:09,880 Speaker 1: this fourth one doesn't need to be happening. So Party 68 00:03:09,919 --> 00:03:12,040 Speaker 1: Mary said, we're not going to kick you out under 69 00:03:12,040 --> 00:03:16,320 Speaker 1: the walker jumping. And at this meeting that's coming up on Sunday, 70 00:03:16,440 --> 00:03:19,000 Speaker 1: we're only going to discuss the things that you that 71 00:03:19,080 --> 00:03:22,520 Speaker 1: are in the in the agenda. So here are the 72 00:03:22,560 --> 00:03:24,360 Speaker 1: motions that are going to be coming up this weekend. 73 00:03:24,680 --> 00:03:26,480 Speaker 1: We promise you those are the only ones, all right, 74 00:03:26,720 --> 00:03:28,839 Speaker 1: and so you know if you will certainly be able 75 00:03:28,840 --> 00:03:30,480 Speaker 1: to take part, and that my guess would be that 76 00:03:30,639 --> 00:03:32,399 Speaker 1: is part of the reason this this has happened, because 77 00:03:32,480 --> 00:03:34,560 Speaker 1: you know, sort of under the party's constitution, you know, 78 00:03:34,600 --> 00:03:36,480 Speaker 1: those sorts of things are supposed to happen. Because this 79 00:03:36,560 --> 00:03:39,880 Speaker 1: isn't just the MP, it's also her Electric Committee who 80 00:03:40,040 --> 00:03:42,280 Speaker 1: feel they've been sort of left out of the process 81 00:03:42,320 --> 00:03:44,000 Speaker 1: as well, and they have certain rights that they need 82 00:03:44,080 --> 00:03:48,040 Speaker 1: to protect. And so yes, yeah, I suspect that the 83 00:03:48,120 --> 00:03:49,080 Speaker 1: major reason here. 84 00:03:49,120 --> 00:03:51,440 Speaker 2: Graham, thank you so much. Appreciate it, mate, Graham Age 85 00:03:51,560 --> 00:03:53,080 Speaker 2: the constitutional law expert. 86 00:03:53,640 --> 00:03:56,800 Speaker 1: For more from hither Duplassy Allen Drive. Listen live to 87 00:03:56,920 --> 00:03:59,840 Speaker 1: news talks it'd be from four pm weekdays, or follow 88 00:03:59,880 --> 00:04:01,720 Speaker 1: the podcast on iHeartRadio