New Zealand Government Moves to Remove Te Tiriti o Waitangi Obligation for School Boards

Government Amends Education Act, Shifts Treaty Responsibility

The New Zealand government has announced amendments to the Education and Training Act 2020, specifically targeting the removal of the obligation for school boards to 'give effect to Te Tiriti o Waitangi' (the Treaty of Waitangi). This change, which is part of the current government's legislative agenda, seeks to redefine the responsibilities of school governance in relation to the foundational document of New Zealand.

Under the Education and Training Act 2020, which came into effect on August 1, 2020, school boards were previously mandated to give effect to Te Tiriti o Waitangi. This included ensuring that their plans, policies, and local curriculum reflected local tikanga Māori, mātauranga Māori, and te ao Māori. Boards were also required to take reasonable steps to make instruction available in tikanga Māori and te reo Māori, and to work towards achieving equitable outcomes for Māori students.

Rationale Behind the Amendment

Education Minister Erica Stanford stated that the Treaty obligations are fundamentally the responsibility of the Crown, not individual school boards. She emphasized that the government believes it is 'not fair and reasonable to pass this duty on to parents and volunteers' who serve on these boards. The government's intention is to restore these obligations to the Crown, rather than delegating them to local boards.

ACT Leader David Seymour described the amendment as a 'major step forward for Education in New Zealand'. He clarified that while school boards will no longer be legally compelled, they will retain the choice to teach tikanga, mātauranga Māori, and te reo Māori. Seymour indicated that the changes are designed to make educational achievement the 'paramount objective' for school boards, alongside student attendance.

Widespread Criticism from Education Sector

The proposed changes have been met with strong opposition from various education sector groups and Māori leaders. Organizations such as the New Zealand School Boards Association, the Principals Federation, the Educational Institute, and the Mātauranga Iwi Leaders Group have expressed shock, concern, and disappointment.

Critics argue that removing the clause could undermine the legal and practical standing of school boards and potentially damage wider social cohesion. Meredith Kennett, president of Te Whakarōpūtanga Kaitiaki Kura o Aotearoa – New Zealand School Boards Association, stated that the clause 'did not cause harm, but removing it would'. The Mātauranga Iwi Leaders Group, co-chaired by Rahui Papa, consistently advised against watering down these requirements, expressing concern that the amendments 'remove any ambition to achieve equitable outcomes for ākonga Māori in primary and secondary education'. Opponents suggest that the move provides an 'easy way out to ignore the needs of tamariki Māori' and represents a 'demotion of Te Tiriti' in the education system.