“The legislative changes being progressed this week are anything but ambitious for our tamariki,” writes Rahui Papa. (Photo supplied)

The government claims school boards are no place for upholding Te Tiriti, and wants to change the law to ensure there’s no requirement on boards to do so.

Rahui Papa says the proposal flies in the face of sector consultation carried out over the last year and puts the educational success of tamariki at stake.

 

Earlier this week, the government released its plan to remove the requirement for school boards to give effect to Te Tiriti o Waitangi. Their justification for this move is that obligations under Te Tiriti are the responsibility of the Crown, not volunteer members of school boards.

Many have responded to this by pointing out that school boards are Crown entities (which they are), or that school boards already have legal responsibilities (which they do). However, the problem as I see it is a fundamental misunderstanding of how our education system operates, and how it’s failing ākonga Māori, our students.

In November 2023, the Mātauranga Iwi Leaders Group (responsible for leading the National Iwi Chairs Forum’s work on education) signed a Mana Ōrite agreement with the Ministry of Education. This agreement is a commitment to work together in a relationship of equal standing, authority, and respect, to improve the wellbeing of ākonga Māori, whānau and iwi, by reshaping an education system that provides excellent and equitable outcomes.

We entered this agreement because we both acknowledged that ensuring a collective, collaborative approach, with the perspectives of whānau, hapū, and iwi at the forefront, was the best way to deliver improved results for ākonga Māori and their whānau.

Almost a year later, in October 2024, we received the government’s first proposals to amend the Education and Training Act. Right now, the primary objectives of school boards are focused on educational achievement, student safety and inclusivity, and giving effect to Te Tiriti. What the government has proposed is a sole, paramount objective: To ensure that every student at the school is able to attain their highest possible standard in educational achievement.

The proposal effectively deprioritises Te Tiriti so that it sits as a supporting objective. We believe, and have advised, that this will not have the desired effect — that tinkering with legislation and reordering priorities does nothing to improve educational achievement.

Consultation on these proposals continued for over a year — from exposure drafts and meetings with officials and ministers, right through to the select committee process.

The Mātauranga Iwi Leaders Group was consistent in its advice that the government should stop tinkering with legislation, take a step back, and consider whether the Crown is upholding its Tiriti obligations in relation to education.

On that question, our position is clear: It isn’t now, and nor has it ever. Since the establishment of a centralised government education system through the Education Act 1877, at no time in our nation’s history has the Crown’s duty to partnership in education ever been truly realised.

The Native Schools Act 1867 was used to forcibly assimilate Māori into Pākehā society, and government education systems have historically functioned the same way ever since.

The state education system has long underperformed for ākonga Māori and their whānau, who have collectively experienced worse education outcomes for decades — if not for more than a century — and are less engaged in the education system than other students.

As the Minister for Education has herself pointed out, while some Māori students achieve excellent results, “on average Māori experience worse outcomes than other learners on every major metric we currently measure. This needs to change.”

Over time, some gains have been made together. For example, we know that ākonga Māori fare better when in Māori-medium education — where they are more likely to participate in and attain standards that reflect Māori culture, language and identity — than in English-medium education. When ākonga Māori are cloaked in their own culture, they secure higher rates of achievement, alongside a positive sense of identity and belonging.

We know that the Crown shares our aspirational and ambitious vision to support ākonga Māori to achieve their highest potential, and to close the equity gap in the education system. But ambitious goals require ambitious thinking, and the legislative changes being progressed this week are anything but ambitious for our tamariki.

The Crown should consider how its obligation to uphold Te Tiriti in our education system shows up, and think much harder about what a functional, thriving partnership between the Crown and whānau, hapū, and iwi Māori could look like.

Take, for example, Te Wharekura o Kirikiriroa, a kura-ā-iwi in Kirikiriroa which continuously exceeds national statistics. It has a self-developed school curriculum, a school-wide student achievement dashboard that charts academic achievement, and high attendance rates (currently at 87 percent) throughout the year.

The school’s success can be attributed to partnership in action. There is a shared leadership approach that empowers all members of the community to have a say in the education experience — from kaiako to whānau, ākonga to the board, all are enabled by a focus on their unique history, the aspirations of the community, and delivery through a culturally-relevant, purpose-built curriculum. This achievement is a result of giving effect to Te Tiriti.

If we want to see our education system and schools delivering different results, something needs to change. But what needs to change isn’t the legislation — it’s the way the Crown engages with whānau, hapū and iwi Māori, who have a right to participate in all matters that directly concern them, as guaranteed by Te Tiriti.

 

Rahui Papa (Waikato) is the Chair of Pou Tangata, one of five operational arms of the National Iwi Chairs Forum, focused on advocating for and supporting the collective efforts and interests of iwi in pursuit of Te Ora o Te Whānau. The NICF’s Mātauranga Iwi Leaders Group sits under Pou Tangata, and is delegated by the National Iwi Chairs Forum to identify issues of national importance relating to mātauranga (education), propose appropriate strategic responses, and implement agreed positions.

E-Tangata, 2025

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