Te Tiriti Debacle – The Minister knew & ignored it

An internal MoE advice-paper dated 19 September strongly cautioned Ministers against deleting the statutory requirement for school boards to “give effect to Te Tiriti o Waitangi” – a clause that has since been removed by law.

What the document said:

• The report described the change as “significant and controversial” – warning it could provoke conflict and distract from the government’s broader education goals.

• It underscored the continuing constitutional relevance of Te Tiriti to education: the Crown has obligations to support Māori educational success and kaupapa Māori education.

• The Ministry recommended no changes to the Treaty provisions of the Act, or at least further engagement and redesign with Māori before any such reform.

• The report highlighted evidence that supporting te reo Māori, tikanga Māori, and culturally responsive teaching significantly improves outcomes for Māori students – arguing that legal codification was justified.

In short: Ministry officials warned that removing Treaty obligations from school governance would risk undermining equity, cultural identity, and the Crown’s commitments – before the reforms were passed.

In November 2025, Parliament passed the Education and Training Amendment Act 2025 (No. 2), which deletes the clause forcing school boards to “give effect to Te Tiriti o Waitangi.”

Under the new law:

• The “paramount objective” for school boards becomes raising student achievement.

• Obligations around Treaty-based governance, mandatory inclusion of tikanga Māori in school plans, and guaranteed curriculum reflecting mātauranga Māori or te ao Māori have been removed – although schools may still choose to uphold those values voluntarily.

Government ministers have defended the move by arguing that the Treaty is the Crown’s responsibility, not schools’, and that boards should not be expected to interpret and implement Treaty obligations themselves.

The removal has triggered strong resistance across the education sector and from Māori communities:

• Hundreds of schools – now numbering over 1,000 – have publicly reaffirmed their commitment to honouring Te Tiriti, despite the legal change.

• Many principals, school boards, and teacher unions describe the legislative change as a major betrayal – removing what they see as a foundational guarantee to equitable, culturally responsive education for Māori.

• Some iwi and Māori advocacy groups and leaders have warned the move places Māori students at risk of marginalisation, inconsistency in access to te reo Māori and tikanga-based programming, and a loss of accountability.

As one school-board representative said: “Legislation matters. It sets expectations, protects progress, and ensures every board … holds the same responsibility to honour Te Tiriti.”

Even after the legislative change, the MoE’s internal advice remains significant:

It shows the Department anticipated serious consequences – both social and educational – from removing Treaty obligations. That means the government acted with full knowledge of risk. It undermines claims that the reforms were simply administrative or technical adjustments; the Ministry described them as constitutionally and culturally “significant and controversial.”

For communities, iwi and educators, the report offers justification for legal, political, or Treaty-based challenge – and adds weight to calls for reinstatement or alternative protections.School autonomy vs legal guarantee: While many schools have pledged to keep honouring Te Tiriti, without a legal requirement, future changes in leadership or funding pressures might shift priorities – risking inconsistency across the country.

Potential legal or Treaty-based challenges: The MoE’s 19-September advice could be used in future claims that the Crown acted recklessly or breached Treaty obligations when it pushed through reforms regardless of internal warnings. Grassroots mobilisation: With broad support among schools, principals and iwi, there is growing pressure for policy reversal – possibly via public campaigns, Tribunal claims, or future political cycles.

Monitoring  outcomes: Without mandated Treaty-focused governance, disparities in achievement, cultural inclusion and identity maintenance may resurface unless active, community-led efforts are maintained. The MoE’s 19-September report documented a realistic and urgent danger: that removing legal obligations tied to Te Tiriti in schools would undercut Māori educational rights, cultural inclusion, and equity. That warning has now been ignored, as the law has been rewritten.

The response – from hundreds of schools, principals, iwi, and communities – signals that many regard the change not as reform, but as a regression. As New Zealand moves forward, the tension between legislative convenience and Treaty responsibility will likely remain a flashpoint – with consequences for generations of students, and for the place of Te Tiriti in public life.

Waatea has asked the Minister why she ignored the advice. 

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