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Politics | Waitangi Tribunal

Waitangi Tribunal says Crown breached Treaty on kura kaupapa consultation

Dr Cathy Dewes

The Waitangi Tribunal has recommended that the Crown establishes a stand-alone Kaupapa Māori education authority.

That’s among the recommendations in Kei Ahotea Te Aho Matua, a report on the urgent claim brought by Te Rūnanga Nui and the Kura Kaupapa Māori Te Aho matua whānau.

In 2022 claimants alleged the Crown didn’t sufficiently involve Te Rūnanga Nui or Kaupapa Māori in the Tomorrow’s Schools review and reform process between 2018 and 2022.

“This brings us a step closer to being able to put on record the injustices that kura kaupapa Māori have suffered at the hands of successive governments over the last 35 years,” lead claimant Dr Cathy Dewes.

“Kura kaupapa Māori have had to adopt governance and management practices and policies that reflect mainstream Western educational ethos, not that of kura kaupapa Māori.”

The tribunal found the Crown breached Treaty principles of partnership and active protection in several instances throughout the Tomorrow’s Schools review and reform.

The tribunal found there was insufficient involvement of claimants in key steps and policy development And there was poor communication from the Crown on the direction of policy work.

It said the Crown’s policy arrangements breached Treaty obligations in two ways. First by failing to implement the policy and strategy to meet needs of Kura Kaupapa Māori - breaching the principles of partnership, activve protection, equity and options.

Secondly it found current arrangements breached Treaty principles of partnership and active protection because final decisions on policy settings affecting Kura Kaupapa Māori wasn’t shared with Te Rūnanga Nui who act on behalf of the Kura Kaupapa Māori Te Aho Matua whānau.

To remedy this the Tribunal made several recommendations. The Crown should work with claimants to develop policies for Kura Kaupapa Māori Te Aho Matua in areas like property, curriculum support and network planning.

For the long term, the Crown should commit to establishing a stand-alone Kaupapa Māori education authority, the scope and functions of which to be developed with Māori stakeholders including claimaints.