NZEI Te Riu Roa is calling for an immediate halt to legislation amending the Education and Training Act’s Te Tiriti provisions following scathing Waitangi Tribunal findings of Crown breaches.
“We welcome the Tribunal’s findings, which clearly outline how the Government’s recent actions have bypassed Māori and undermined the principle of partnership and active protection,” NZEI Te Riu Roa President Ripeka Lessels said.
“Evidence presented to the Tribunal revealed that officials repeatedly warned the Ministers of Education and Justice of the risks: the reforms carried serious constitutional implications, Māori engagement was insufficient, and the proposals threatened to damage Māori-Crown relationships while undermining educational outcomes for ākonga Māori. The Ministers proceeded despite these warnings.”
Mrs Lessels said that by moving unilaterally to downgrade Te Tiriti in education, the Government has ignored the principles of good government and caused direct prejudice to Māori.
“It is now important that the Crown heeds this call to halt the proposed changes to the Education and Training Act and begins the work of repairing the relationship with Māori. Educators across the country expect the Crown to honour its constitutional obligations to Māori and uphold an education system that serves ākonga Māori,” Mrs Lessels said.
In its 92-page stage one report, the Tribunal urged the Government to “correct course and immediately halt the advancement of the proposed amending legislation.” It determined that the Crown breached the principles of partnership, active protection, and good government, causing significant prejudice to Māori.
This report follows an urgent pivot in the Tribunal inquiry after the Crown revealed plans to downgrade Te Tiriti references across all legislation on the eve of the 15 April hearing. These hearings addressed the removal of school boards’ Te Tiriti obligations and unilateral changes to the New Zealand Curriculum, which were both initiated without engagement with Māori.
The Tribunal issued the report to prevent the Crown from pursuing “new and unconsulted” Cabinet decisions that violate Te Tiriti principles and risk further prejudice to Māori. It noted that further findings may follow after a review of submissions and evidence for stage two.
To remedy these breaches, the Tribunal recommends that any future amendments be developed through meaningful co-design and genuine engagement with Māori. It also urged the Crown to take urgent steps to repair the Māori-Crown relationship and restore the trust broken by its unilateral actions.