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Opinion
Home / New Zealand

Why the Government is removing Treaty of Waitangi requirements for school boards

Opinion by
Erica Stanford
NZ Herald·
3 Nov, 2025 11:00 PM5 mins to read
Erica Stanford is the Minister of Education

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Education Minister Erica Stanford and Labour leader Chris Hipkins discuss the proposed removal of the requirement for boards to give effect to Te Tiriti o Waitangi.

THE FACTS

  • The Government will remove a requirement for school boards to give effect to Te Tiriti o Waitangi, but will still make it clear they should seek to achieve equitable outcomes for Māori students.
  • Education Minister Erica Stanford said the current legislated requirement means parents in charge of governance of local schools are expected to “interpret and implement a Treaty obligation that rightfully sits with the Crown”.
  • Labour’s Chris Hipkins says the move is a “victory” for the lobby group for Hobson’s Pledge.

Every parent wants their child to reach their potential at school so they can lead happy and successful lives.

This Government wants that too, that’s why we are laser-focused on raising achievement and closing the equity gap, making sure every child, no matter their background or circumstances, can thrive.

School boards have an important role to play in that as well.

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Education is supposed to be the great equaliser. But for too long there has been a wide equity gap in New Zealand, with too many children not reaching their potential.

That cannot continue. Our reforms are focused on building a world-leading education system that ensures your means do not determine your destiny.

Already, we are seeing the results. In Term 1, we introduced a phonics check to see how new entrants were tracking with their early reading as they reached their first 20 weeks at school.

Those tamariki Māori meeting expectations in the 20-week phonics check rose from 25% in Term 1 to 43% by Term 3, while the number needing additional reading support fell from 62% to 47%.

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This is the first time in two decades that we have seen a lift in Māori early reading achievement. It’s an extraordinary result, a turning point after years of decline.

So what‘s driving this improvement?

We have focused relentlessly on the basics: a knowledge-rich curriculum, clear expectations, teaching approaches grounded in evidence and we’re providing more support to children who have additional learning needs.

Our Māori Education Action Plan sets clear, measurable goals: evidence-based instruction, consistent monitoring of progress and achievement, teaching resources and tools in te reo Māori, investment in the workforce, stronger learning support for Māori learners, and decision-making based on robust data that shows us what works.

We are investing in kaupapa Māori and Māori-medium education, strengthening Te Marautanga o Aotearoa (the national curriculum for Māori-medium education), and supporting te reo Māori in schools.

The new draft national curriculum now embeds te ao Māori, language and culture in a way that was missing from the 2007 version.

Education Minister Erica Stanford. Photo / Mark Mitchell
Education Minister Erica Stanford. Photo / Mark Mitchell

After decades of decline, the tide is turning. The gap between Māori and non-Māori achievement is finally narrowing, and that gives us every reason to be optimistic about the future.

But there is more to do. That’s why we’re progressing legislation that amends school board objectives with a sharpened focus on achievement, attendance, assessment and what is being taught through the refreshed curriculum.

There is a Treaty of Waitangi duty on the Crown in relation to education set out in the Education and Training Act. It is a core responsibility of the Crown to deliver better outcomes for Māori learners and support Māori education success. That’s exactly what we’re doing.

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In 2020, the previous Government amended the Education Act to delegate the Crown’s Treaty duty to school boards, asking them to “give effect to Te Tiriti o Waitangi”.

This meant parents who are effectively volunteers, already responsible for the governance of their local school, were suddenly expected to interpret and implement a Treaty obligation that rightfully sits with the Crown.

This change 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.

Results continued to decline.

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.

The new policy restores Treaty obligations to the Crown rather than local boards. Photo / Mark Mitchell
The new policy restores Treaty obligations to the Crown rather than local boards. Photo / Mark Mitchell

That is why we are clarifying the role of school boards. Educational achievement will be their paramount objective, with a sharper focus on attendance and the way we monitor student progress and success. We also want boards to have clear expectations about their role in supporting equitable outcomes for tamariki Māori.

To this end we are undoing the 2020 change and making it clear what school boards need to do:

1. Seek to achieve equitable outcomes for Māori students.

  1. Take all reasonable steps to provide for teaching and learning in te reo Māori to students whose parents and caregivers request it.
  2. Take reasonable steps to ensure that the policies and practices for its school reflect New Zealand’s cultural diversity.

This means schools and school boards will continue to be able to reflect te ao Māori values and customs in ways that are meaningful to their own communities.

School boards play an important role in raising achievement. But they cannot and should not carry the Crown’s constitutional obligations under the Treaty.

Their focus should be on the practical things that make a difference for students: ensuring children are turning up to school, progressing in their learning, and succeeding.

Real change does not come from rhetoric. It comes from doing the work that lifts children’s learning, strengthens teaching, and delivers better outcomes in every classroom.

For Māori students, that means the Crown meeting its Treaty obligations through results.

By keeping school boards focused on the actions that drive achievement, and by holding the Crown accountable for the duties it rightly holds, we can ensure that every child has the opportunity to succeed, to thrive, and to reach their full potential.

Catch up on the debates that dominated the week by signing up to our Opinion newsletter – a weekly round-up of our best commentary.

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