Source: Radio New Zealand
The tino rangatiratanga haki (flag) outside Parliament on the day of the Treaty Principles Bill introduction. RNZ / Emma Andrews
Educators are calling on the government to halt its education changes, as the Waitangi Tribunal wraps up a three-day urgent inquiry into the matter.
The inquiry, which was brought by Ngāti Hine, Te Kapotai and the country’s largest education union NZEI Te Riu Roa, has [heard evidence over three days] on the removal of school boards’ legal obligation to give effect to Te Tiriti o Waitangi and a planned reset of the national curriculum.
Claimants say the changes risk long-term harm for Māori learners, and were made without meaningful engagement with Māori or the education sector.
They want an immediate pause to the reforms, until the tribunal completes its inquiry and delivers its recommendations.
NZEI Te Riu Roa president Ripeka Lessels said taking the case to the tribunal was about ensuring Te Tiriti remained central to the education system.
“Establishing a mandatory legal requirement ensures that all school boards provide a consistent, equitable educational environment that honours the rights of ākonga Māori and their whānau,” she said.
Lessels said evidence heard during the week re-inforced concerns about the process behind the changes.
“Crown witnesses have admitted there was no engagement with Māori regarding the removal of school boards’ Te Tiriti obligations or the curriculum reset,” she said. “This occurred despite warnings from the Ministry of Education and the government’s own advisory group.”
Te Tiriti o Waitangi. supplied
On Friday, the tribunal heard from Justice Secretary Andrew Kibblewhite, who was summoned to answer questions on the government’s plans to introduce its new Treaty References Review legislation.
NZEI Te Riu Roa and other parties had requested the Crown to clarify its plans, which they said had “only become clear in evidence submitted by the crown the evening before the hearing began”.
As part of the coalition agreement between National and New Zealand First, the government – led by Justice Minister Paul Goldsmith – is undertaking a review of references to the principles of the Treaty of Waitangi across 23 laws, including the Education and Training Act.
Evidence submitted to the tribunal showed cabinet had issued drafting instructions for legislation that would require decision-makers to “take into account” Te Tiriti, rather than “give effect” to it.
A Ministry of Justice Regulatory Impact Statement (RIS) on the review said the approach had “no apparent benefits” and “risks significant damage to the Māori-Crown relationship”.
Justice Minister Paul Goldsmith. RNZ / Samuel Rillstone
“This negative impact is likely to be exacerbated by the lack of consultation with treaty partners.” it said.
Despite that, the government had continued with its approach, Lessels said.
“It is clear the government breached its Te Tiriti obligations,” she said. “Their own witnesses acknowledge that removing these legal requirements could undermine Māori educational outcomes.”
She said the shortened consultation timeframes for Māori-medium curriculum (Te Marautanga o Aotearoa), compared to the English-medium curriculum (Te Mātaiaho), also highlighted broader concerns about how mātauranga Māori was treated in the reform process.
The hearing concluded on Friday, with another set for April 28 for closing submissions. NZEI Te Riu Roa / Naomi Madeiros
The tribunal hearing concluded on Friday, with another scheduled for 28 April for closing submissions.
Claimants have asked the tribunal to recommend restoring the legal obligation for school boards to give effect to Te Tiriti, halting the rollout of both curriculums and undertaking an independent review.
They are also seeking public acknowledgment from the government that the removal of treaty obligations breached its duties.
Throughout the week, witnesses raised concerns around the content and development of the draft curriculum, including claims it sidelined Māori history, language and knowledge.
Ngā Kura-ā-Iwi representative Watson Ohia told the tribunal the changes had broken agreements between iwi and the Ministry of Education.
“Honouring Te Tiriti o Waitangi in the education system does not require perfection,” he said. “It requires good faith.
“It requires the crown to act as the partner it promised to be, to come to the table before decisions are made, not after.”
Education ministry officials told the tribunal that, while the legal obligation had been removed, schools were still required to monitor Māori student achievement and, for the first time, the new curriculum included a mandatory minimum level of teaching of te reo Māori.
They acknowledged consultation timeframes had been shorter, and said the government wanted to move quickly and had not intended to co-design the curriculum with the sector.
The government maintains treaty obligations sit with the crown, rather than school boards.
The tribunal’s findings and recommendations will be released in due course.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
