The Cook Islands Party candidate has won the tied Akaoa seat following a by-election on Tuesday local time on Rarotonga.
The Democratic Party candidate Keu Mataroa and Teariki Heather were tied with 128 votes each following the September general election.
However, Chief Registrar of electors Terry Hagan, says while this is just the provisional result Mr Heather has taken Akaoa comfortably.
"Teariki Heather of the Cook Island party 204, and Keu Mataroa for the Democratic party 174, a margin of 30 votes, even with special votes included, if Keu was to win all of them, he would still be four short of the margin that Teariki has over him at the moment."
The result means the Democratic Party have 14 seats Cook Islands Party nine, and independent one.
Meanwhile, Justice Weston is currently hearing witnesses for the Manihiki seat on Rarotonga before the court travels to the northern group island later this month.
The final electoral petition for Titikaveka will be heard this Friday.