Māori educationalist Bayden Barber of Ngāti Kahungunu.
Rotorua Boys’ High School principal John Kendal says his board of trustees will make their own decision on the Treaty of Waitangi clause, despite changes announced by Education Minister Erica Stanford.
The Government announced it will remove the Treaty of Waitangi clause currently in the Education Act requiring school boards to give effect to Te Tiriti o Waitangi.
Stanford said current legislation requirements mean parents in charge of governance of local schools are expected to “interpret and implement a Treaty obligation that rightfully sits with the Crown” and labelled board of trustees (BoT) members as “volunteers”.
Kendal said the change fits the current Government’s narrative.
“But when you unpick it, it says it is working to ensure policies and local curriculum to explain Māori and Te Ao Māori,” said Kendal, whose 1200 students are predominantly Māori.
“Each board will make its own decisions.
“We have a long history with the local iwi and our school is on the land that was gifted by the iwi.
“Regardless of the legislation, it doesn’t resonate with us.”
NZEI Te Riu Roa president Ripeka Lessels, a school principal with more than 45 years teaching experience, said: “This is a blatant and deliberate dismantling of the Treaty of Waitangi”.
Lessels (Tūhoe, Ngāti Awa, Te Arawa, and Ngāti Tūwharetoa), said Stanford showed huge “disrespect” by labelling trustees as volunteers.
“That is just so disrespectful to those who give up their personal time to do what is best for the students,” Lessels said.
“As a school principal, I am just so grateful to the parents and teachers who make the school great for our tamariki.
“They are the heart and soul and to call them volunteers is said with no regard.”
In an opinion piece for the Herald, Stanford said the previous Government’s requirement for school boards to give effect to Te Tiriti o Waitangi meant parents “were suddenly expected to interpret and implement a Treaty obligation that rightfully sits with the Crown”.
“The Government’s recent Treaty References Review questions whether it was appropriate for school boards to be held accountable for meeting the Crown’s obligations under the Treaty. The Government does not believe it’s fair and reasonable to pass this duty on to parents and volunteers. The Crown, not parent volunteers, must be accountable for it,” she wrote.
Stanford argued the requirement “made no difference to raising the achievement of tamariki Māori”.
“Boards lost focus on their core responsibilities: achievement, attendance, keeping young people safe at school, and ensuring they’re learning,” she said.
Meredith Kennett, the Te Whakarōpūtanga Kaitiaki Kura o Aotearoa - New Zealand School Boards Association (NZSBA) president, said removing the clause undermines the legal and practical standing of school boards as Crown entities.
Kennett said boards have a clear legal and moral duty to understand and give effect to Te Tiriti o Waitangi.
“As Crown entities, school boards absolutely have a responsibility to understand and give effect to Te Tiriti o Waitangi,” Kennett said.
“The suggestion that this clause makes no difference simply isn’t true.
“It has been the reason many board members came to fully understand their responsibilities as Crown representatives and, in turn, why many schools adjusted policies and procedures to better reflect the needs of whānau Māori and all New Zealanders.”
Kennett challenged Stanford’s characterisation of school board members as “volunteers”.
“Board members are elected directors there to do a job,” she said.
“They are entrusted with significant legal responsibilities, representing both their local community and the Crown in the governance of their schools.”
She said the Treaty clause had been a practical and unifying influence in schools, not a divisive one.
“It causes no harm to have it there, but causes plenty of harm, including to social cohesion, by removing it,” Kennett said.
Kennett said boards striving to meet their paramount objectives, particularly around student achievement and wellbeing, must understand the whole child, and that inherently includes an understanding of Te Tiriti o Waitangi.
“To understand attendance and achievement statistics for rangatahi Māori, you have to understand our history - and that includes Te Tiriti,” she said.
Kennett also expressed concern about the legislative process surrounding the proposed removal.
“There was no official notification that the Government intended to remove this clause,” she said.
“Introducing such a significant change at the Committee of the Whole House stage, without consultation, is deeply questionable.
“Boards are doing the hard work of understanding their communities and improving outcomes for all students,” Kennett said.
“This clause has supported that work, not hindered it.”
NZ Secondary Principals’ Council chair Kate Gainsford said labelling school trustees as volunteers was “unfortunate”.
“Referring to board members as merely just volunteers is very unfortunate,” Gainsford said.
“If you haven’t got the money to pay for directors, then you ask your community to step up and assist.
“Board trustees have responded to that very respectfully.”
Leanne Otene, president of the NZ Principals’ Federation (NZPF), said schools can choose to ignore Stanford’s changes.
“What the Minister has done today is to take an extreme, far-right position which is not compatible with where Aotearoa NZ society is headed,” said Otene.
“All schools are self-managing schools, and boards can continue to prioritise their commitment to Te Tiriti o Waitangi. For the sake of our future tamariki, we encourage them to do so.”
Toitū Kaupapa Māori Mātauranga - Māori Education Board chair and Ngāti Kahungunu iwi leader Bayden Barber added he thought the Government’s attempt to “wipe out” NZ’s cultural history was a step backwards and will ultimately cause social division.
He said the Treaty change was politics interfering in education.
“To say that boards of trustees shouldn’t have to worry about the Treaty of Waitangi commitments is a major step backwards, not just for Māori but the NZ education system,” Barber told the Herald.
“We are dealing with a Government which is trying to erase us from the history of Aotearoa.
“It’s crazy - there’s so much to be gained by knowing the contribution that Māori have made to this great land pre and post colonisation.”
Joseph Los’e joined NZME in 2022 as Kaupapa Māori Editor. Los’e was a chief reporter, news director at the Sunday News covering crime, justice and sport. He was also editor of the NZ Truth and before joining NZME worked for urban Māori organisation Whānau Waipareira.