Meka Whaitiri with Te Pāti Māori's co-leaders Debbie Ngarewa-Packer and Rawiri Waititi, and - far left - party president John Tamihere. Photo: RNZ / Kate Green
Meka Whaitiri seems set to remain in Parliament acting as an independent MP, somehow avoiding the so-called "waka jumping" law.
Whaitiri this morning announced she was resigning from the Labour Party to join Te Pāti Māori - a move which, if formally notified to the Speaker of the House - would appear to trigger the Electoral (Integrity) Amendment Act.
However, Speaker Adrian Rurawhe has informed Parliament he has not received a letter to that effect - despite Whaitiri's public claim otherwise.
Meka Whaitiri Photo:
"This morning, I have officially notified the Speaker that I have resigned from the Labour Party and am joining Te Pāti Māori, effective immediately," she said.
Asked by reporters if it meant she would automatically give up her seat, Whaitiri initially said "no", but Te Pāti Māori president John Tamihere interrupted her, saying "no, no I'll answer the constitutional issues".
"We're working that through with the speaker right now," Tamihere said, "so it's inappropriate to give you any landing space until that conversation's concluded. There are legal issues, we're working our way through that."
Te Pāti Māori president John Tamihere Photo: Stuff / Jason Dorday
MPs from all parties in Parliament except Te Pāti Māori have questioned the speaker about how it can all add up, in a sometimes heated discussion at Parliament.
It began with Rurawhe informing the House that "under standing order 35.5, the honourable Meka Whaitiri is from today regarded as an independent member for Parliamentary purposes".
National MP Michael Woodhouse pointed out Whaitiri's comments at the marae and asked the speaker to make clear whether a letter was received, if so which parts of the law were not met, and whether he would release the correspondence by "tabling" it.
Rurawhe said there were "very specific events" that would be required by the law to trigger Whaitiri's ejection and "I can confirm to the House that those events have not happened".
Speaker of the House Adrian Rurawhe Photo: VNP / Phil Smith
"I think it would be a dangerous situation for the Speaker of the House to start interpreting things that are clearly not being officially and submitted to me. Now, as I began my ruling, members can say whatever they like outside of this house but unless they inform me in the correct way by sending me a signed letter that is the case, I cannot act on it.
"I'm not prepared to do that until I get a letter signed by the member concerned, that ... what she has said outside ... is her intention to do."
The distinction hinges on section 55B, which requires three things: Being signed by the MP, being addressed to the speaker, and notifying him either of their resignation from the party they were elected for or that they wish "to be recognised for parliamentary purposes as either an independent member of Parliament or a member of another political party".
The crucial Section 55B in the Electoral (Integrity) Amendment Act 2018. Photo: New Zealand Parliament / Screenshot
National MP Chris Bishop asked Rurawhe again specifically which of these was not met, for example was the message emailed and therefore did not have a physical signature?
Rurawhe said he had not received any letter of resignation - signed or unsigned - but a message was sent by email.
"I believe I followed the law to the letter, so when I tell this House I do not have a letter I actually mean it. What I have got is indication from the Honourable Meka Whaitiri that for Parliamentary purposes she has withdrawn her vote with the Labour Party," Rurawhe said.
ACT's David Seymour questioned whether the problem was around the term "for Parliamentary purposes".
Rurawhe confirmed Whaitiri would be regarded as an independent member "for those purposes".
"The act is very clear and until I have got a letter stating that the member has resigned under that section, then she is still a member of Parliament.
"Regardless of the way that the Honourable Meka Whaitiri has advised both the public, the Labour Party or anyone else about anything that she's doing, she has not notified me. So she can, as a member of this house, tell me that her proxy vote is not with the Labour Party now - as I've said before - and that for Parliamentary purposes that she is regarded as an independent member of Parliament."
Bishop questioned how he could regard her as independent member unless she had told him.
Chris Bishop Photo: RNZ / Samuel Rillstone
"By definition she must have notified you because you've just indicated you're regarding her as that."
Rurawhe replied: "Only for Parliamentary purposes".
Labour's Grant Robertson pointed out there was a longstanding convention that voting in the house was to be decided by members themselves, and communication about that was "different" to communication about the Electoral Act.
Green co-leader James Shaw also had a go, asking whether "she has not ceased to be a member of the Parliamentary Labour Party but that she has withdrawn her vote".
Green Party co-leader James Shaw Photo: RNZ / Angus Dreaver
In answer, Rurawhe gave his final words on the matter.
"In terms of for Parliamentary purposes the Honourable Meka Whaitiri being an independent MP is a determination under standing orders," he said.
"She has not told me that she is an independent MP, but for the purposes of Parliament I have notified the House that she has asked me and informed me that she has withdrawn her proxy [vote] from the Labour Party and she wishes to sit somewhere else. That's it."
Until Whaitiri's email to the speaker is made public, it remains unclear exactly how Whaitiri's decision to switch parties avoids the law - passed in 2018 with stated the purpose of removing MPs from Parliament if they do so, therefore upsetting the proportionality of Parliament.