Act MPs have voted to expel Donna Awatere Huata, party leader Richard Prebble said today.
Awatere Huata, an Act list MP, who is facing court action alleging fraud, had failed to convince Act its caucus should not vote to expel her under the Electoral Integrity Act.
That legislation sets out conditions and procedures under which an MP can be expelled from the political party they belonged to when they came into Parliament.
Awatere Huata last week succeeded in the High Court at Auckland in stopping the party from taking immediate steps to have her expelled.
Awatere Huata gained an interim order after arguing her right to have her application for an injunction against Act heard early next year.
Despite the Court of Appeal this morning dismissing a bid by Prebble for it to urgently consider his argument for overturning that ruling, Act voted to continue down that path.
Prebble said he would ask the Court of Appeal for permission to deliver the letter “so that Mrs Huata can be replaced by Act’s next candidate on the list, Kenneth Wang”.
The injunction prevented Prebble from delivering that letter.
Awatere Huata had been given 10 days to defend herself.
“I have advised caucus that, after considering Mrs Huata’s response, I have reasonable belief that her actions have distorted the proportionality of Parliament,” Prebble said.
He had drafted a letter to Speaker Jonathan Hunt advising him of the vote, as he must do under the Electoral Integrity Act.
Prebble had hoped to have Awatere Huata’s seat declared vacant by Hunt before Christmas.
Parliament is expected to rise for the year today.
“Act was elected with nine MPs and we now have eight through her actions,” Prebble said.
“The 145,000 people who voted Act are entitled to have their representation in Parliament restored.
”Awatere Huata, who is now an independent MP, faces 11 fraud charges totalling $92,000 after being accused of misusing taxpayer funds and is due back in court next March with her husband Wi Huata, who faces six fraud charges, totalling $58,000.
The couple are also charged with attempting to pervert the course of justice.
– NZPA