The National Iwi Chairs Forum had been hopeful the party's two factions could patch things up at a hui at a Wellington marae this week.
That plan has been scuppered, after the co-leaders on Monday announced the party's council - made up of electorate representatives - met on Sunday night and voted "without opposition" to expel Kapa-Kingi and Ferris, with immediate effect.
In response to news of his expulsion, Ferris has issued a statement, saying the decision "is plainly unconstitutional".
"I do not acknowledge the decisions and illegal resolutions made through unilateral measures."
In a statement posted on social media, Kapa-Kingi also called the decision unconstitutional and said she intended to appeal it "in all respects".
"In the meantime, I remain the duly elected Member of Parliament for Te Tai Tokerau and will continue to stand for, and show up for the people of Te Tai Tokerau to do the job I was elected to do."
The MPs' statements confirmed Te Tai Tokerau had been excluded from the votes, and Te Tai Tonga abstained.
The affiliation of Ferris and Kapa-Kingi - whose son Eru has also been scathing of party president John Tamihere - has been in question as the stoush in the party escalated.
Co-leader Rawiri Waititi confirmed last Tuesday the party was considering expulsion.
Co-leader Debbie Ngarewa-Packer said it was the result of "serious breaches" of the party's constitution, and followed six weeks of rigorous debate across electorates and branches - and hui with external groups including the Iwi Chairs Forum.
"Irreconcilable differences remained. The resolution takes effect today.
"This decision was not taken lightly. Many hoped the end would be reconciliation - it could not be achieved. We acknowledge the mamae our people have felt.
Waititi said they would continue to refocus the party.
"Our job is to make this a one-term government. That will require structure, fortitude and unity."
He said the party had begun "serious conversations" with Labour and the Greens and the party would not comment further on "this internal matter" from today.
"I have absolute confidence in the forefathers who wrote that constitution to bring us to, I think, the right decision made by the council last night.
"This is difficult and this was always going to be a difficult pathway, but as the leaders of this party it is our job to ensure that we bring stability back to the waka and we step up where we need to step up."
He said the relationships that led to the stoush "extend long before Parliament".
Whether to entirely expel the MPs from Parliament using the waka-jumping provisions had not yet been a consideration, the leaders said.
Ngarewa-Packer said Tamihere had not been present at the previous night's vote.
She said there were disciplinary processes being undertaken in relation to leaking of information about the stoush to the media.
Waititi said they would have preferred to deal with the matter inside of the caucus.
"That was out of our control. It was taken to the media before we even had an opportunity to speak about that and I must say that the media have enjoyed it over the last six weeks.
"It had to come to an end, and so we've brought it to an end, we must move on. And I wish both Mariameno and Tākuta all the best of luck as we head forward but we had to bring this to a close."
He said the MPs could legally challenge their expulsion through an appeal process.
Ngarewa-Packer said the dispute had damaged the party and those who believed in it.
Also on social media, Eru Kapa-Kingi posted to say the party had adopted "colonial strategies of silencing and disowning".
"The word 'rangatira' literally means to bring people together for collective wellness. That role is given by the people, and therefore any rangatira must be accountable and listen to their people, even to the stuff that isn't nice to hear, but very real," he wrote.
"Pāti Māori leadership has fully abandoned this truth, and adopted instead colonial strategies of silencing and disowning.
"Our people are not stupid, and the tūpz will come for you soon".
Tamihere last week urged the MPs to quit after the National Council voted to suspend Kapa-Kingi over office overspending accusations.
That followed a vote of no confidence in Tamihere from Ferris' Te Tai Tonga electorate branch, which also called for his immediate resignation.
Tamihere accused them of plotting a coup against the co-leaders and said their behaviour was based on "greed, avarice and entitlement".
What happens next for Te Pāti Māori and expelled MPs?
Appeals
Under the party's constitution, the MPs can appeal the decision to end their membership.
The Constitution sets out that the National Council can cancel any membership if it no longer believes the person meets its requirements of:
- Working to support Te Pāti Māori kaupapa and tikanga
- Acting within the party's constitution
- Abiding by decisions made under the constitution
- Completing official membership forms and paying the appropriate membership fee
- Not being a member of a competing political party or organisation determined to be incompatible with the party
The decision is officially made final at the party's next national hui - its AGM set down for 7 December - which is also where the MPs can seek to have the decision appealed.
'Waka-jumping'
The party could also seek to invoke the so-called "waka-jumping" or "party hopping" legislation to have Kapa-Kingi and Ferris removed from Parliament entirely.
The leaders on Monday said using the provision had not yet been considered.
Doing so would require the party leaders to write to Parliament's Speaker Gerry Brownlee to say they believed the MPs were distorting the proportionality of Parliament.
They would need to provide reasoning to justify their claim about the distortion, as well as getting at least two-thirds of the party's MPs to agree and giving the rogue MPs 21 days to respond - as well as following any relevant party rules.
Because the party's constitution sets out the process for members' removal, the requirement to get two-thirds of the party's MPs to agree to sending the letter does not include Kapa-Kingi or Ferris.
This means - presuming the MPs are ejected at the AGM - the party would be able to use the waka-jumping provisions with support from just three of its four remaining MPs.
Alternatively, Kapa-Kingi or Ferris could choose to invoke the legislation themselves, by writing to the Speaker to notify him of their resignation from the party.
The waka-jumping law was most recently used by the Green Party to eject their former MP Darleen Tana last year.
But it was not used in the case of Meka Whaitiri in 2023 after the then-Labour MP quit the party, because her email of resignation to Parliament's Speaker was judged not to meet the threshold in the law.
Whaitiri retained her seat as an independent despite announcing her intentions to support Te Pāti Māori. She subsequently lost her Ikaroa-Rāwhiti seat to Labour's Cushla Tangaere-Manual in the 2023 election.
Ejecting Kapa-Kingi and Ferris would trigger a by-election for the MPs' electorates.
A by-election would not be held if the MPs are removed less than six months ahead of a general election (or of Parliament's three-year term ending), but this also requires three quarters of all Parliament's MPs to agree not to hold the by-election.
If the by-elections went ahead, any party could contest the MPs' seats.
