Source: Radio New Zealand
The tino rangatiratanga haki (flag) outside Parliament on the day of the Treaty Principles Bill introduction. RNZ / Emma Andrews
An urgent inquiry into the government’s decision to remove school boards’ legal obligation to give effect to Te Tiriti o Waitangi and overhaul the national curriculum is underway, with iwi and the Education Union warning of long-term impacts for Māori.
The Waitangi Tribunal is hearing evidence this week after granting urgency to a claim brought by Northland iwi Ngāti Hine and hapū Te Kapotai, alongside the country’s largest education union, NZEI Te Riu Roa.
The claim challenges changes to the Education and Training Act 2020, which removed the requirement for school boards to give effect to Te Tiriti, as well as the reset of Te Mātaiaho and Te Marautanga o Aotearoa.
The claimants argue the removal of Treaty obligations risks significant and irreversible harm to Māori learners and their whānau, including reduced access to te reo Māori, tikanga and mātauranga Māori, and a loss of cultural safety in schools.
Ngāti Hine kaumātua and claimant Te Waihoroi Shortland previously told RNZ the decision to remove Treaty obligations reflected a long-standing pattern in Crown behaviour.
“People forget that two nations made this deal (Te Tiriti o Waitangi). One of them was Māori and one of them was the Crown of England … then one nation turns around and swallows the other one up and says, everything we decide is for your good.
“It’s been that way for 186 years. These kind of actions remind us that we haven’t moved very far in all of that time.”
In granting urgency, the Tribunal found the changes carried constitutional significance, “especially so in a case where Māori have not been consulted”.
It also found the removal of the statutory obligation could have immediate consequences for both the status of Te Tiriti and outcomes for tamariki Māori within the education system.
The hearing, which begins on Wednesday morning, is expected to run through to Friday.
NZEI President Ripeka Lessels, the head of the country’s largest education sector union. NZEI supplied
‘Pattern of undermining’ Treaty obligations
NZEI Te Riu Roa president Ripeka Lessels told RNZ the inquiry would allow the Tribunal to examine how the changes were made and their wider impact on the education system.
She said the union would present evidence showing what it believes is a pattern of Crown conduct that has “systematically undermined and dismantled” Treaty obligations in education.
Lessels said the removal of section 127 of the Act, which previously required school boards to give effect to Te Tiriti, had shifted responsibilities away from boards and weakened accountability.
“While the Crown says that schools are not Crown entities, they are very much Crown entities. They are a reflection of the Crown. So there is an obligation on their part to be able to give effect to the Treaty, to be able to ensure that things like strategic planning, policies, ensuring that localised curriculum are… part of a school’s strategic plan.”
She said the change could affect how boards engage with iwi, whether they prioritise Māori representation, and how they reflect Te Tiriti in decision-making.
“For instance… whether or not they must have a Māori representative on their board or not… that’s an impact that will resound quite loudly for some schools,” she said.
Lessels said giving effect to Te Tiriti was about embedding te ao Māori across all aspects of schooling, from governance to teaching and community engagement.
“It reflects tikanga Māori, kaupapa Māori, mātauranga Māori, te reo Māori… in every aspect of the school,” she said.
Research showed students were more likely to engage in learning when they could see themselves reflected in their school environment.
NZEI President, Ripeka Lessels says research shows that ākonga were more likely to engage in learning when they could see themselves reflected in their school environment. Layla Bailey-McDowell / RNZ
The union is asking the Tribunal to recommend the government reinstate the mandatory requirement for school boards to give effect to Te Tiriti.
Lessels said this was essential to ensure consistency across the system and maintain progress made since the obligation was introduced in 2020.
“There was a time in our history where we didn’t have it… and nobody taught it, nobody made references to it,” she said.
She said schools had made significant progress in recent years, but that could be undermined without a legal requirement in place.
“Since 2020, since the Education and Training Act, schools have had to give effect to [Te Tiriti]. And I must say schools have done a wonderful job of giving effect to the Treaty. But this way here, what the Ministry or what the Minister has done is nothing short of just dismantling the Treaty of Waitangi and the ways in which schools should be obligated to give effect to it.”
The union is also calling for a halt to the rollout of the new curriculum, arguing consultation has been insufficient – particularly for Te Marautanga o Aotearoa.
“While both consultations close on 24 April 2026, the Ministry of Education opened the English-medium process on 28 October 2025. This leaves tumuaki and kaiako with only half the time to provide feedback on the draft Te Marautanga o Aotearoa framework and Tau 0-10 wāhanga ako. For the Pūmanawa Tangata wāhanga ako (social science learning area), the draft was released on 7 April, leaving the sector with only 18 days for feedback.”
Lessels said the shortened consultation timeframe for Māori-medium education signalled a lack of priority given to mātauranga Māori.
“We need to be able to have some authentic consultation… where those who need to be in that conversation are in that conversation,” she said.
NZEI is also calling on the government to:
- Establish an independent monitoring body, which will include NZEI and Māori education sector representatives, to oversee Crown compliance with Te Tiriti obligations in education
- Reinstate funding for Te Ahu o Te Reo Māori and Resource Teachers Māori
- Set binding requirements for future Ministerial Advisory Groups, ensuring all members have a demonstrated commitment to Te Tiriti and te ao Māori
The Tribunal will hear evidence from claimants, including iwi representatives and the union, as well as responses from the Crown over the coming days.
The Minister of Education has been approached for comment.
– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
