In the 2011 election, eighteen voters cast a ballot for the constituency seat of Toi; incumbent candidate Dion Taufitu was reelected with an absolute majority of votes (11 votes; 61.1%).
[1][2] When the newly elected Assembly convened for members to take the oath of office, however, Taufitu was ill in Auckland.
Assembly Speaker Ahohiva Levi travelled to Auckland and administered the oath to him there.
Former Secretary for Justice and Common Roll Member of Parliament Togia Sioneholo challenged the validity of this procedure, arguing that an oath of office was only valid, under the Westminster system, if taken in public.
The High Court, in early March 2012, ruled that the oath had not been administered properly, and found that Taufitu was therefore no longer legally the MP for Toi, precipitating a by-election.