In Teachers and Treatyindoctrination Part 1: Our Code/Our Standards the obligations of Teachers in respect of the Treaty of Waitangi were revealed.
Those obligations derive from legislation which has incrementally increased the role of the Treaty in education. The Education Act 1964 did not refer to the Treaty. The Education Act 1989 included a Treaty clause and some minor obligations in respect of Maori.
The recent Education and Training Act 2020 has introduced a new concept of “honouring” Te Tiriti, which is as meaningless and undefined as the “principles” of the Treaty. It means that those who enforce the rules can interpret "honour Te Tiriti" in any way that suits them. It also entrenches the Treaty in every aspect of education.
Education and Training Act 2020
The two earlier acts were replaced in 2020 with the Education and Training Act. By this time the Ardern Labour government was pursuing its Treaty policies and this is clearly reflected in the new legislation.
Section 9 is the Te Tiriti o Waitangi section and summarises all the provisions in the Act relating to the Treaty. I include it in full because it illustrates how deeply entrenched the Treaty has become in our educational system.
9(1) The main provisions of this Act that recognise and respect the Crown’s responsibility to give effect to Te Tiriti o Waitangi are—
(a) section 4, which states that the purpose of this Act includes establishing and regulating an education system that honours Te Tiriti o Waitangi and supports Māori-Crown relationships; and(b) section 5(4)(c)(iii), which provides that any statement of national education and learning priorities issued by the Minister must be consistent with objectives for early childhood, primary, and secondary education and learning that include instilling in each child and young person an appreciation of the importance of Te Tiriti o Waitangi and te reo Māori; and
(c) section 6, which provides that the Minister and the Minister for Māori Crown Relations: Te Arawhiti may, for the purpose of providing equitable outcomes for all students, and after consulting with Māori, jointly issue and publish a statement that specifies what the Ministry, TEC, NZQA, the Education Review Office, and Education New Zealand must do to give effect to public service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi; and
(d) section 127(1)(d), which provides that one of a board’s primary objectives in governing a school is to ensure that the school gives effect to Te Tiriti o Waitangi, including by—
(i) working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and
(ii) taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and
(iii) achieving equitable outcomes for Māori students; and
(e) subpart 6 of Part 3, which provides for the establishment and operation of Kura Kaupapa Māori, Te Aho Matua, and te kaitiaki o Te Aho Matua; and
(f) subpart 3 of Part 4, which provides for the establishment and operation of wānanga; and
(g) clause 4(b) and (d) of Schedule 13, which provides that Te Pūkenga—New Zealand Institute of Skills and Technology must operate in a way that allows it to develop meaningful partnerships with Māori employers and communities and to reflect Māori-Crown partnerships to ensure that its governance, management, and operations give effect to Te Tiriti o Waitangi and to respond to the needs of, and improve outcomes for, Māori learners, whānau, hapū, and iwi.
(2) Other provisions related to Te Tiriti o Waitangi in the context of the regulation of the education system include—
(a) the definition of school community in section 10(1), which includes a Māori community associated with a school; and
(b) section 17(2)(a), which provides that before the Minister may grant approval to apply for an early childhood service, the Minister must take into account the availability of services in the area with different offerings, for example, the provision of te reo Māori; and
(c) sections 278(2)(a), 320(1)(c), 325(1) and (3), 326(2), and 363(3)(b), which provide for Māori contribution to decision making in tertiary education and vocational education and training; and
(d) section 281(1)(b), which provides that councils of institutions have a duty, in the performance of their functions and the exercise of their powers, to acknowledge the principles of Te Tiriti o Waitangi; and
(e) section 315(f), which provides that one of the functions of Te Pūkenga—New Zealand Institute of Skills and Technology is to improve outcomes for Māori learners and Māori communities in collaboration with Māori and iwi partners and interested persons or bodies; and
(f) section 402, which provides that TEC comprises members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004 after consultation with the Minister for Māori Development; and
(g) section 476(4)(b)(v), which provides that when considering whether to appoint a person as a member of the Teaching Council, the Minister must have regard to the collective skills, experience, and knowledge making up the overall composition of the Teaching Council, including understanding of the partnership principles of Te Tiriti o Waitangi; and
(ga) section 535B, which provides for how a code administrator must exercise and perform its functions, powers, and duties in relation to Te Tiriti o Waitangi; and
(gb) section 536A(1), which provides for how a DRS operator must exercise and perform its functions, powers, and duties in relation to Te Tiriti o Waitangi; and
(h) section 597(2)(d), which provides that a good employer in the education service is an employer who operates an employment policy containing provisions requiring recognition of the aims and aspirations of Māori, the employment requirements of Māori, and the need for greater involvement of Māori in the education service.
The provisions speak for themselves. They constitute a process for indoctrinating our young people into a misconception of the Treaty and institutionalising racism in education. The Treaty was about equality for all New Zealanders and setting up a new democratic country.
