The Government will introduce legislation by August to weaken Te Tiriti o Waitangi clauses in the Education and Training Act and other key statutes, dismantling decades of progress toward an equitable, bicultural education system.
The move came to light in a Crown memorandum filed on 24 April ahead of an urgent Waitangi Tribunal hearing on 28 April.
The urgent inquiry originally addressed the removal of school boards’ Te Tiriti obligations and the curriculum overhaul – actions both taken without genuine engagement with Māori. However, the Tribunal expanded the scope of the inquiry to include the proposed removal of other Treaty references in the Education and Training Act after hearing that the Coalition Government has commissioned the drafting of legislation to further gut Treaty references across the board.
NZEI Te Riu Roa President Ripeka Lessels said the disclosure in the Crown memorandum confirms the Government is attempting to erase Te Tiriti from education despite unprecedented opposition from more than 1,840 school boards and education sector leaders.
“By removing Te Tiriti obligations from the Act, the Government is marginalising ākonga Māori and leaving teachers without the essential framework needed to address longstanding inequities.
“This is a clear breach of Te Tiriti principle of partnership that should define our schools, undermining the hard-won progress made by educators” Mrs Lessels said.
“By lowering the legal threshold to ‘take into account’ Te Tiriti, the Government is effectively telling ākonga Māori and their whānau that their rights are secondary considerations rather than a high priority.
“To push this change through despite the Ministry of Justice’s warnings proves this is a purely ideological move. It will roll back decades of progress in dismantling the systemic disadvantage faced by ākonga Māori. We will not stand by while the rights of our ākonga are stripped away as part of a coalition agreement,” Mrs Lessels said.
In testimony to the Waitangi Tribunal on 17 April, the Secretary for Justice confirmed that Cabinet has issued drafting instructions for new legislation to standardise a weakened Te Tiriti obligation across the board.
He said the new legislation will require only the lowest legal threshold – to “take into account” Te Tiriti rather than to “give effect” to it.
The Crown memorandum of 24 April further reveals that Cabinet’s proposed “take into account” standard is so inconsistent that officials admit it “will not work in all instances.” In several key areas, such as the “purpose provisions” that define the Act’s intent, the Government is considering removing Te Tiriti references entirely, arguing that no standard at all may be required.
In doing so, Cabinet has overridden a Ministry of Justice regulatory impact statement which concluded the approach has “no apparent benefits” and risks damaging Crown-Māori relationships.
ENDS