Government to Scrap Treaty Clause for School Boards

The Government will remove a requirement for school boards to “give effect” to Te Tiriti o Waitangi, arguing that Treaty responsibilities rest with the Crown — not local parents or volunteers.

Education Minister Erica Stanford said the current law unfairly places constitutional obligations on school boards that were never designed to interpret or uphold the Treaty.

“School boards play an important role in raising achievement. But they cannot and should not carry the Crown’s constitutional obligations under the Treaty,” Stanford said. “Their focus should be on the practical things that make a difference for students: ensuring children are turning up to school, progressing in their learning, and succeeding.”

The existing Treaty clause, introduced in 2020, requires schools to actively reflect Māori knowledge, language, and culture in their teaching. Stanford said that despite its intent, the clause had “made no difference to raising the achievement of tamariki Māori.”

Under the proposed changes, boards will no longer be legally required to “give effect” to Te Tiriti, but they will still have to “seek to achieve equitable outcomes for Māori students” and ensure school policies “reflect New Zealand’s cultural diversity.”

Stanford said the review questioned whether it was appropriate for boards to be held accountable for obligations that belong to the Crown. “The Government does not believe it’s fair and reasonable to pass this duty on to parents and volunteers. The Crown, not parent volunteers, must be accountable for it,” she said.

The amendment will be introduced during the Committee of the Whole House stage of the Education and Training Amendment Bill, which updates school governance objectives.

Under the new legislation, the “paramount objective” for school boards will be ensuring every student achieves their highest possible standard of learning. Supporting goals include creating safe and inclusive environments, eliminating racism and bullying, and improving attendance.

Boards will still be required to “take all reasonable steps” to provide Māori language instruction when requested by parents and to ensure schools reflect cultural diversity.

The Treaty clause has been politically contentious. In June, Stanford was targeted by Hobson’s Pledge, which accused her of supporting “co-governance” in education. The group launched a campaign labelling the clause “Stanford’s Sneaky Sell-out.”

Stanford hit back, describing the claims as “complete, utter garbage and lies.” ACT leader David Seymour also pushed for the clause’s removal, arguing that students should not “be forced to learn about a set of spiritual beliefs or culture because somebody else thinks it’s important for them.”

Labour leader Chris Hipkins defended the original clause, saying it encouraged schools to ask important questions. “It’s a good thing for school boards to be asking, ‘Why are Māori kids not achieving at the same level as non-Māori kids?’” he said.

Stanford confirmed other Treaty-related provisions within the education system will remain in place for now, pending the outcome of the Government’s broader review of Treaty clauses across legislation.