NZEI Te Riu Roa is demanding an immediate halt to education reforms until a Waitangi Tribunal inquiry concludes, citing the Government’s admission that Education and Training Act changes were made without genuine engagement with Māori.
The Tribunal heard today from Secretary of Justice Andrew Kibblewhite that the Government plans to introduce legislation shortly that will further weaken Te Tiriti o Waitangi clauses in the Education and Training Act and other statutes.
Cabinet has issued drafting instructions for new legislation to standardise a weak obligation to Te Tiriti across the board. It will require only the lowest legal threshold – to “take into account” Te Tiriti rather than to “give effect” to it.
In doing so, Cabinet has overridden a Ministry of Justice regulatory impact statement concluding the approach has “no apparent benefits” and risks damaging Crown-Māori relationships.
“Over the past two days of hearings, Crown witnesses have admitted there was no engagement with Māori regarding the removal of school boards’ Te Tiriti obligations or the curriculum reset. This occurred despite warnings from the Ministry of Education and the Government’s own advisory group,” NZEI Te Riu Roa President Ripeka Lessels said.
“It is clear the Government breached its Te Tiriti obligations. Their own witnesses acknowledge that removing these legal requirements could undermine Māori educational outcomes.
“From inequitable feedback timeframes to ignoring their own officials’ advice, the Crown’s testimony confirms these reforms were pushed through regardless of the impact on ākonga Māori. This has caused real and immediate prejudice to ākonga and their whānau. We need a pause until the Tribunal can properly assess the damage.”
Mrs Lessels said taking this case to the Waitangi Tribunal is essential because Te Tiriti is our country’s foundational document and must be more than a matter of voluntary policy.
“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.
“This formal accountability is the only way to guarantee that Te Tiriti obligations remain a permanent priority in every classroom.”
Mrs Lessels said NZEI Te Riu Roa is seeking the following remedies:
- Restore the mandatory obligation for state school boards to give effect to Te Tiriti.
- Formally acknowledge through a public statement that removing these obligations breached the Government’s Te Tiriti duties.
- Immediately halt the rollout of Te Mataiaho | The New Zealand Curriculum and Te Marautanga o Aotearoa pending genuine consultation with Māori.
- Extend the consultation period for Te Marautanga o Aotearoa to be no less favourable than the timeframe provided to the English-medium New Zealand Curriculum.
- Commission an independent review of curriculum documents to ensure they give effect to Te Tiriti.