Government defector Meka Whaitiri will remain in Parliament as an independent MP and her move to Te Pāti Māori will not trigger the waka-jumping legislation, Parliament has been told.

Speaker Adrian Rurawhe has told MPs this afternoon that Whaitiri, the MP for Ikaroa-Rāwhiti, will be sitting as an independent MP.

Whaitiri’s communication to him did not meet all the requirements to trigger the waka-jumping legislation when she quit Labour earlier today, he said. He has not detailed how this happened, however.

Rurawhe said the waka-jumping law would not be triggered unless he received a signed letter, which had not happened.

The Speaker confirmed to the House he had not received any letter of resignation, “signed or unsigned”.

“I believe I followed the law to the letter. When I tell this House I do not have a letter, I don’t.”

Instead, Rurawhe said he had a “notification” from Whaitiri that she was no longer voting with Labour.

 “I have received the letter – the email that I spoke about asking for her vote to be withdrawn. That was received by email,” he said.

What appears to have occurred is that Whaitiri has asked for her proxy vote to be cast with Te Pāti Māori, not Labour. She did not send a formal resignation letter to the Speaker and therefore did not trigger the waka-jumping law.

Kiri Allan: ‘She’s made her decision’

Speaking to media this afternoon, Justice Minister Kiri Allan, who met Whaitiri this morning, said she wanted to keep her conversations with the former minister private.

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“She’s made her decision, now it’s a new dawn, a new day for everybody.

“Suffice to say, yes we were surprised, we were sad ... but this was a decision for Meka.”

She said she had asked Whaitiri if she was sure, and Whaitiri had then asked her if she too wanted to come to Te Pāti Māori.

Allan, the MP for East Coast, said no. “It was more of a bit of a giggle than anything else.”

Allan said it was for Whaitiri to say why she had not spoken to the Labour leadership about her decision ahead of time.

“She’s made her decision, she’s gone out on her terms.”

Allan said Whaitiri had not given a specific reason for going.

“She was calm in her decision-making.

“Those are her reasons, they’re for her and her whānau.

“At the end of the day, we all have a decision about where we strap on our boots and how we spend our time.”

For the last decade, that place had been with Labour for Whaitiri and now she was somewhere else.

Allan did not believe Whaitiri had been considering her move for a long time.

“There’s no changing her mind. What’s happened today is very clear.”

Asked whether Labour was paternalistic toward Māori MPs, Allan said no: “I’m unapologetically Māori. Yes, of course, it’s up to each of us.

“It’s not a slap in the face. None of those things ... it was a decision she made.

“She’ll keep doing the mahi. We’ll keep doing the mahi.

“The Labour Party has held that seat for a very long time. Let’s see where the numbers roll, but we’ll be putting up a good fight.

“We needed to have a conversation face-to-face. It’s a thing about mana, for her and her whānau.

“It’s just a part of our tīkanga, part of our process. That’s been done now.”

Acting PM: No idea minister planned to quit

Earlier, Acting Prime Minister Carmel Sepuloni put on a brave face despite confirming the Labour Party had no idea about Whaitiri’s plans to resign and join Te Pāti Māori.

A tearful Whaitiri announced this morning she had written to Speaker Adrian Rurawhe, informing him of her intention to resign from Labour and join Te Pāti Māori.

“Māori political activism is part of being Māori,” a visibly emotional Whaitiri said this morning from her iwi Ngāti Kahungungu’s Waipatu Marae in Hastings, which is in her Ikaroa-Rāwhiti electorate.

Sepuloni, alongside Labour Party deputy leader Kelvin Davis, told reporters the party was disappointed and did not know why Whaitiri had made the decision.

“It’s disappointing and clearly unexpected,” Sepuloni said.

“There was no explanation given, it was really Meka’s decision.”

Sepuloni said Labour didn’t feel the need to kick her out of Parliament and said it was up to Whaitiri and the Speaker whether the waka-jumping legislation was invoked.

Acting PM Carmel Sepuloni is disappointed by Whaitiri's decision. Photo / Mark Mitchell

Sepuloni, acting in place of Chris Hipkins, who is in the UK ahead of King Charles’ coronation, said she heard Whaitiri might be leaving the party from a member of the public about midday yesterday and then handed the matter over to Labour’s chief of staff, Andrew Kirton.

Senior Māori ministers spoke about the matter yesterday and it was decided Kiri Allan would travel to meet Whaitiri. The pair met, alongside Whaitiri’s family this morning, but Sepuloni would not reveal what was said.

Davis said people would have to ask Whaitiri why she made the decision as she had not provided one to Labour yet.

Asked if she felt it was betrayal, Sepuloni said no, it was Whaitiri’s decision. “We’ve just got to move on,” she said, citing the need to take care of cyclone-impacted people on the East Coast.

“It’s something that we didn’t want to have happen,” Davis said.

“The Labour caucus is just keen to get on.

“Up until yesterday, we believed she was going to be standing for Labour [in the 2023 election] ... it’s taken us all by surprise.”

Until the permanent reallocation of Whaitiri’s portfolios was made next week, Local Government Minister Kieran McAnulty would be the acting Hawke’s Bay lead minister for the cyclone recovery, Health Minister Dr Ayesha Verrall would take up the food safety portfolio, ACC Minister Peeni Henare would be the acting minister for veterans, and Agriculture Minister Damien O’Connor would be acting minister of customs.

Davis said Labour had received Whaitiri’s resignation from the party.

“She can still be an independent MP ... we’ve got no reason to believe otherwise,” Sepuloni said.

She hoped there would be a chance for Whaitiri and the Labour leadership to sit down and have a kōrero.

“We’ll set out to win it,” Davis said of the Ikaroa-Rāwhiti electorate.

He would not entertain speculation on Whaitiri’s motivations and would not say whether he believed Whaitiri should have told the leadership before making the announcement. He also confirmed his belief that Labour supported Whaitiri adequately.

Sepuloni said Hipkins’ reaction was one of disappointment and surprise.

Asked if there was anything about Hipkins’ leadership Whaitiri had opposed, Davis reiterated that this was the first time they had learned of any dissatisfaction Whaitiri had with being a Labour minister and MP.

Whaitiri said today that Māori had a collective responsibility to speak up for their interests.

“It comes from our whakapapa, and we as Māori have a responsibility to not others, but we.

“Today, I’m acknowledging whakapapa. I’m acknowledging my responsibility to it and it’s calling me home.”

Minister Meka Whaitiri did not inform PM Chris Hipkins of her plans to join the Māori Party. Photo / Warren Buckland

Whaitiri, until today a Labour minister and responsible for the cyclone recovery in Hawke’s Bay, said the decision to cross the floor was “not an easy one”.

“But it is the right one. I will be contesting the seat again in 2023 as the Māori Party candidate. I have spoken my truth, the decision is in your hands.”

She was joining an “unapologetic Māori political movement to achieve what was promised to us 183 years ago”.

Winston Peters: Defection a ‘blight on democracy’

New Zealand First leader Winston Peters said Whaitiri’s defection five months out from election “shows the true state the Labour Party is in”.

“Worse still, the Labour leadership had no idea why and still don’t,” Peters said in a statement.

“It is a deliberate, disgraceful deception played on the voters of New Zealand.”