The Waitangi Tribunal has delivered a scathing assessment of the Government’s proposed changes to Treaty provisions in the Education and Training Act, warning the reforms could seriously damage Māori-Crown relations and weaken protections for Māori education interests.
In its interim Stage One report released today, the Tribunal found the Crown breached Treaty principles of partnership, active protection and good government through its approach to the proposed amendments.
The report examined Cabinet decisions made in February this year to downgrade Treaty obligations in the Education and Training Act 2020 to a weaker “take into account” standard, remove Treaty obligations from dispute resolution service operators, and replace references to Te Tiriti o Waitangi with references to both Treaty texts.
The Tribunal recommended the Government immediately halt the proposed legislation and begin meaningful engagement with Māori if any changes to Treaty clauses are to proceed.
The report says the Crown failed to properly consult Māori before making substantive decisions and instead relied on limited engagement with the National Iwi Chairs Forum after key decisions had already been made.
The Tribunal also criticised the Government for ignoring official advice warning that there had not been enough time to properly assess the impact of the reforms on Māori interests. Officials had advised Cabinet that the Regulatory Impact Statement was not sufficiently developed to support informed decision-making.
The Tribunal found the proposed changes risk undermining protections for taonga Māori including te reo Māori and mātauranga Māori within the education system. It warned reducing Treaty obligations in legislation would signal a retreat in the Crown’s commitment to Te Tiriti in education policy.
The report compared the proposed reforms to the controversial Treaty Principles Bill debate, saying the unilateral weakening of Treaty obligations without genuine Māori engagement was inconsistent with the partnership established in 1840.
The Tribunal says it will now move to Stage Two of the inquiry, which will examine proposals to remove Treaty obligations from school boards and wider curriculum reforms.
