The Waitangi Tribunal has concluded final arguments in an urgent inquiry into the government’s decision to remove Treaty of Waitangi mandates from the education system.
The focus of the proceedings is the repeal of Section 127(1)(d), a law passed in November 2025 that removed the legal requirement for school boards to give effect to Te Tiriti o Waitangi.
The decision to remove treaty obligations
Claimants described the removal of these legal obligations as a “punitive measure” taken without any real partnership.
Ripeka Lessels, Manukura Tuarua of NZEI Te Riu Roa, testified that the Crown failed to engage with experts before the repeal in late 2025. She stated:
“Karekau rātou i inoi atu ki ngā mātanga kaiako Māori i mua tonu i te tangohanga mai.”
“Karekau rātou i paku huri ki te ao Māori ki te kī, hey, anei a mātou whakaaro pēhea rā ki a koutou?”
One claimant summarised the exclusion by stating,
“What I’m asking for us is not complicated, but it requires the crown to understand something...that you cannot design a good future for our tamariki without us.”
Challenges to the Crown
Legal proceedings also questioned why foundational documents like Te Kāwanatapu were sidelined.
Lawyer Annette Sykes challenged the Crown on this exclusion, while representatives for the Minister maintained they engage in “open and frank” discussions with ngā kura ā-iwi.
However, claimants maintain that the government acted on its own, failing to uphold the partnership required under the Treaty.
The legal proceedings also addressed the exclusion of foundational documents.
The fight to return treaty obligations to School Boards
While the legal mandate has been removed, more than 1,840 school boards have already pledged to continue giving effect to the Treaty voluntarily.
Parent Rita Beckmannflay noted that local principals understand their communities better than centralized government officials.
She states, “the principals usually know their community really well... for me it’s vital that it’s kept.”
Adrianne McAllister, principal of Mt Cook School, says it’s about looking to a better future.
“This is not just here for my kids at my kura, we need to change it for my moko. I’m from the lost generation of language and I want it back for our future kids.”
McAllister expressed hope that Education Minister Erica Stanford, who has declined to comment while the matter is before the Tribunal, is “taking note” of the evidence presented.
Conclusion
The claimants are now seeking the full restoration of the legislative provision to empower school boards.
Lessels concluded that the objective is simple:
“Kei te hiahia noa mātou kia whakahoki atu tērā hanga o te ture, mā ngā poari e whakamana i te Tiriti o Waitangi.”
The Waitangi Tribunal is expected to release its report on April 24, 2026.
Lessels concluded that the objective is simple.
“Kei te hiahia noa mātou kia whakahoki atu tērā hanga o te ture, mā ngā poari e whakamana i te Tiriti o Waitangi.”
The Waitangi Tribunal is expected to release its report on April 24, 2026.
