Source: Radio New Zealand
Education Minister Erica Stanford has said the treaty is the Crown’s responsibility, not schools’. RNZ / Mark Papalii
An Education Ministry report shows officials strongly warned the government against removing schools’ Treaty of Waitangi obligations.
The proactively-released document said changing references to the treaty in the Education and Training Act was significant and controversial and could lead to conflict that would distract from the government’s education goals.
The advice preceded the government’s surprise decision to delete a clause in the act that required schools to give effect to the treaty.
The government said the treaty was the Crown’s obligation, and the clause could be confusing for schools’ governing boards.
The ministry report dated 19 September said the treaty’s articles were relevant to education in multiple ways.
It said the Crown had an obligation to support Māori educational success and to support kaupapa Māori education.
“In summary, we do not recommend changes to Te Tiriti provisions in the Act without further engagement and design with Māori. This is because of the clear guidance to Ministers and public service departments on the constitutional position of Te Tiriti,” the report said.
Evidence supported the importance of reflecting students’ language and culture to achieve good results, it said.
“We recommend retaining an emphasis on inclusivity in schools, including providing an environment that recognises and values a Māori student’s culture, and, where possible, uses te reo Māori. While this principle of inclusivity can be applied to any group of students, the rationale for having legislative codification of this for Māori is based on the Crown’s obligations towards Māori under Te Tiriti.
“Whether to change the existing legislation, as with questions of fairness, turns on the constitutional position of Te Tiriti. Under current constitutional settings, we recommend retaining reference to the role of Tikanga and te reo in supporting the educational success of ākonga Māori,” the report said.
The education system included multiple taonga and the Crown was obliged to ensure Māori had the right to make decisions over resources and taonga they wished to maintain, it said.
Officials had discussed the Act’s treaty references with the Education Minister’s Māori advisory group, the report said.
The group’s key points included that: “high-level Tiriti clauses in legislation have significant direction-setting effect, and are important as a signal to Māori of the Crown’s intentions, it said.
“Educational success for ākonga Māori is dependent on institutions and teaching staff who understand and have the capability to deliver on their responsibilities under Te Tiriti.”
The group also indicated that it was important the Crown worked in good faith with Māori on the development of treaty references, it said.
There was evidence that ensuring te reo and tikanga Māori were supported in schools was good for Māori students’ achievement.
“Learning in an environment where a culturally responsive pedagogy is the norm significantly improves outcomes for Māori,” the report said.
The government’s reforms to introduce a more knowledge-rich curriculum, regulate the teaching profession and schools’ accountability for their outcomes would also benefit Māori learners, it added.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
