Waitangi Tribunal Begins Urgent Hearing Into Removal of Schools Treaty Obligations

The Waitangi Tribunal has begun urgent hearings into the government’s decision to remove a legal requirement that school boards give effect to the Treaty of Waitangi, in what claimants describe as a move with profound constitutional consequences for Māori learners.

The claim was brought by Northland iwi Ngāti Hine, hapū Te Kapotai, and NZEI Te Riu Roa — the country’s largest education union — who argue the government acted without adequate consultation with Māori when it stripped the Treaty obligation from the Education and Training Act 2020. The Tribunal agreed the matter was urgent enough to warrant immediate hearings, finding the changes carried the potential for irreversible harm.

At the heart of the claim is the concern that removing the Treaty obligation will reduce schools’ commitment to te reo Māori, tikanga, and mātauranga Māori — and that Māori students will be the ones to pay the price. For decades the Treaty obligation gave advocates a legislative foundation to push for more culturally grounded education. Without it, they say, school boards have one less reason to prioritise Māori learners’ needs.

The hearings are also examining the government’s reset of the curriculum frameworks Te Mataiaho and Te Marautanga o Aotearoa. A draft social science framework was released on April 7, with consultation closing on April 24 — giving schools just 18 days to respond. Critics say that timeline is too compressed to be meaningful, particularly for kura and bilingual units with smaller administrative capacity.

Ripeka Lessels, NZEI Te Riu Roa’s President, told the hearing that schools had built genuine relationships and meaningful practice around the Treaty over many years. “Schools have done a wonderful job of giving effect to the Treaty,” she said, adding that the union would present evidence of Crown conduct that had “systematically undermined and dismantled” those Treaty obligations in education.

Te Waihoroi Shortland, a kaumatua from Ngāti Hine, framed the issue in stark terms. “One nation turns around and swallows the other one up and says, everything we decide is for your good,” he said.

The government’s position is that the education sector should focus on teaching the curriculum rather than on Treaty compliance frameworks, and ministers have argued the changes allow for a simpler, more focused approach to schooling. Education Minister Erica Stanford has said that good practice around Māori education can be encouraged without mandating it in legislation.

The response from schools themselves tells a different story. More than 1800 kura — around 70 percent of all schools in New Zealand — have publicly reaffirmed that they will continue giving effect to Te Tiriti regardless of the legislative change. That voluntary commitment is significant, but claimants argue it should not have to rely on goodwill alone, and that the legislative foundation existed precisely to ensure consistency across the entire system.

The Waitangi Tribunal does not have the power to strike down legislation, but its findings carry significant moral and political weight. When the Tribunal upholds a claim and recommends legislative change, governments face public pressure to respond. With an election due in November, any finding of Treaty breach against the government is unlikely to be politically neutral.

The hearing adds to a broader pattern of Treaty-related pressure on the coalition government. Last year’s Treaty Principles Bill — championed by ACT and ultimately shelved after a Tribunal finding and sustained public opposition — demonstrated the political risks of being seen to sideline the Treaty. The government’s decision to remove the Treaty obligation from the Education Act has reopened those fault lines.

For iwi like Ngāti Hine and hapū Te Kapotai, the stakes are not abstract. Education is one of the most direct mechanisms through which language and culture are transmitted to the next generation. If schools are no longer legally required to give effect to Te Tiriti, advocates fear the gains of the past two decades in Māori-medium and bilingual education could erode over time, particularly in schools where committed leadership changes.

The urgency finding from the Tribunal reflects how seriously it views the risk of harm while the hearings proceed. Claimants have asked the Tribunal to recommend the government pause implementation of the curriculum changes until proper consultation with Māori has taken place.

Consultation on the draft social science curriculum closes on April 24. The Waitangi Tribunal hearing is expected to continue through this week, with findings expected before the curriculum is finalised.

You can read the original RNZ report here.

What do you make of the government’s decision to remove Treaty obligations from school legislation? Share your thoughts in the comments below.