Labour will not invoke so-called "waka jumping" laws to remove Meka Whaitiri from Parliament in light of her decision to resign from the party and join Te Pāti Māori.
Acting Prime Minister Carmel Sepuloni this morning said the party didn't feel the need to use the law that could lead to Whaitiri being removed from Parliament following her defection.
Whaitiri earlier this morning confirmed she had informed the Speaker of the House she had resigned from the Labour Party and intended to cross the floor.
"This morning, I have officially notified the Speaker that I have resigned from the Labour Party and am joining Te Pāti Māori," she said.
She said the move was effective immediately. Under the Electoral (Integrity) Amendment Act, that could mean her seat becomes vacant as she would no longer be a member of the party she was elected with.
The legislation automatically vacates the MP's seat if they deliver a signed, written notice to the Speaker resigning from the party they were elected for. The reasoning is this maintains the proportionality of representation in Parliament.
No formal letter
Speaker Adrian Rūrawhe told Parliament ahead of today's Question Time that Whaitiri would be an Independent MP and told the House he had not yet received a formal letter from Whaitiri.
This morning she seemed confident she would return to Parliament as a Te Pāti Māori MP.
"As the Ikaroa-Rāwhiti sitting MP, I intend to be seated with Te Pāti Māori when we return to Parliament, joining an unapologetic Māori political movement to achieve what was promised to us 183 years ago sends a clear commitment to Māori voters across the country.
"Te Pāti Māori sees you, we hear you and we will serve you, and we will never ever take your vote for granted."
Whaitiri didn't provide reasons for leaving Labour, other than saying it was a commitment to Māori political activism.
Stripped of ministerial portfolios
While confirming Labour won't force Whaitiri to leave, Sepuloni did confirm Whaitiri has had her ministerial responsibilities removed.
Kieran McAnulty becomes the acting Hawkes Bay lead minister for cyclone recovery, Ayesha Verrall will be the acting minister for food safety, Peeni Henare will be the acting minister for veterans and Damien O'Connor will be the acting minister of customs. All associate portfolios will return to the lead portfolio minister. Hipkins will announce long-term ministerial allocations at a later date when he returns from the King's coronation in London.
"Prime Minister Chris Hipkins made the decision on the confirmation of Meka Whaitiri's resignation from the Labour Party this morning," she said in a statement.
"Obviously we're disappointed in Meka Whaitiri's decision but we are moving on," she told reporters.
"He Whakaputanga, Te Tiriti o Waitangi, Te Kotahitanga, Ngā Kōmiti Wāhine, Māori Council, Māori Women's Welfare League, congress, hapū authorities, marae, iwi chairs - the point here whānau is Māori political activism is part of being Māori. It comes from our whakapapa and we as Māori are responsible for it."
Labour deputy leader Kelvin Davis defended his party's commitment to Māori during their time on the benches of power.
"We're very proud of our track record for Māori. Obviously, we're disappointed. Meka was a valued member of our Māori caucus and the wider caucus but she has made her decision for her reasons."
Threshold of the election
Former National and New Zealand First MP turned political commentator Tau Henare says Whaitiri's defection is a bold move six months out from the general election.
"She was a minister of the Crown and she's been willing to give that all up to set herself on a new path.
"Call it what you will, I think it is a bold move, and it has ramifications for not only Te Pāti Māori but also Labour and National as well."
He says Whaitiri changes the game for Te Pāti Māori, which appears to be holding firm in the potential kingmaker position according to another political poll released yesterday, before Whaitiri's news.
The Roy Morgan Poll has Te Pāti Māori on 4.5 per cent, which would translate to six seats if it were returned to Parliament.
"Te Pāti Māori will be really able to use the numbers game at the election."
'Exciting' election
Henare also sees this as an opportunity for Labour to reevaluate itself ahead of the election campaign.
"The Māori Party is not going to go with National - they're a bit of a Nigel Nomates party at the moment, they haven't said who their mates are. For Labour, they now know that the door is fully opened for a coalition with the Greens and Te Pāti Māori."
Whaitiri has held the Ikaroa Rāwhiti seat since her predecessor, Parekura Horomia, died in 2013. It is one of only two Māori seats Te Pāti Māori has never won. Henare says Whaitiri switching sides will now show if it was party or personality that has kept that electorate with Labour since 1999.
"When you bail from a party that has seen you through 10 years and a number of elections, can you rely on the people who put you there to do it again but you're on another horse?
"There will be people who won't vote for Meka because of it but there will also be new people that think 'wow, this is really cool'. It's a matter of what she does between now and election day."
Henare also says all Māori electorates will now be under intense scrutiny before the election.
"It makes them exciting for the next election. A couple of them could tumble."
