Education and Training Bill

9 Te Tiriti o Waitangi

(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 and compulsory education and learning that include instilling in each child and young person an appreciation of the importance of the 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 agencies serving the education system must do to give effect to public service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi; and

(d)

section 122(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 provide that NZIST must operate in a way that allows it to develop meaningful relationships 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 approve a license for an early childhood education and care centre, the Minister must take into account the availability of services in the area with different offerings, for example, the provision of te reo Māori.

(c)

sections 258(2)(a), 307(1)(c), 312(1) and (3), 313(2), and 344(3)(b), which provide for Māori contribution to decision making in tertiary education and vocational training; and

(d)

section 261(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 302(e), which provides that one of the functions of NZIST 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 380, which provides that the Tertiary Education Commission comprises of members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004 after consultation with the Minister of Māori Development; and

(g)

section 449(4)(b)(v), which provides that when considering whether to appoint 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

(h)

section 564(2)(d), which provides that a good employer in the education service is an employer who operates a personnel 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.