Crown breached Treaty principles in school reform - Waitangi Tribunal

Kura kaupapa Māori are hailing a Waitangi Tribunal decision as a major breakthrough in their push for self-determination.

The tribunal recommended on Friday the government develop a stand-alone education authority for kaupapa Māori education - something kura have been seeking for years.

The recommendation followed a Treaty claim lodged last year by Te Rūnanga Nui o ngā Kura Kaupapa Māori, the body representing the 62 kura kaupapa Māori.

The tribunal agreed with the rūnanga's claim that the Crown breached Treaty principles in its review of the school system and subsequent actions from 2018-2022.

It said the Crown should apologise to the claimants and reset its relationship to ensure the Education Ministry worked at the highest levels with kura and had a full understanding of the schools and their needs.

But it also backed a call from the kura for a parallel education authority.

"We recommend the Crown commit to establishing a stand-alone Kaupapa Māori education authority - the precise scope and functions of which are to be developed with Māori stakeholders (including the claimants)," the decision said.

'A major victory'

Rūnanga nui co-chair Dr Cathy Dewes said the recommendation was very significant.

"That's a huge deal, that's a major breakthrough, major victory. Some of my people would say, He Piki Wikitoriatanga, because it's something that we've been aspiring to for many, many years."

Dewes said a parallel education authority would be run by Māori for Māori - it would not be part of the Education Ministry.

"One of our people who gave evidence to the tribunal actually put it in a nutshell for me and she said 'give us the pay and get out of the way' so that's essentially what we want - the government to commit the funding so that we can govern and manage our unique pathway ourselves," she said.

"I expect that we we would be doing it totally in Māori as well. You know, that's a really big difference because if you're speaking Māori, you're thinking Māori, you're feeling Māori. It's a totally different way once you switch to our language and our way."

Dewes said kura had been seeking a separate authority for 26 years.

Ministry, Crown put 'on notice'

Rūnanga Nui chief executive Hohepa Campbell said the tribunal's decision was exciting.

"It's fantastic news for all our whānau in kura kaupapa Māori," he said.

Campbell said the decision set a foundation and clear principles to be applied when both parties moved forward to create the world that tamariki and kura kaupapa Māori needed.

"The Ministry of Education and officials, the Crown, are on notice. They have a huge responsibility to support, work in partnership to establish bespoke policy and processes to enable our kura, our whānau, our tamariki to thrive," he said.

The Education Ministry said: "The Ministry acknowledges and welcomes the report from the Tribunal. We will now carefully review and consider the Tribunal's findings and recommendations."

Education Ministry figures showed there were 62 kura kaupapa Māori last year with 7423 pupils.

The Waitangi Tribunal's decision said it would take time to establish a separate authority.

It recommended in the meantime the Crown co-design with the claimants specific policies for kura kaupapa Māori addressing:

• The process for establishing new kura kaupapa Māori
• Resourcing support for Te Marautanga o Te Aho Matua
• Network planning for the growth of kura kaupapa Māori in the long-term
• The property needs of kura kaupapa Māori.

The decision said the Crown breached Treaty principles of partnership, equity, active protection and options in its policies and funding for kura and in its failure to share with the rūnanga nui final decision-making on matters affecting kura.

"We found these breaches caused significant prejudice to the claimants, including:

• Further damage to the already fractured relationship between the parties and the claimants' loss of confidence in the Ministry
• Limiting the ability of Te Rūnanga Nui to effectively advocate for kura kaupapa Māori
• Reputational harm to Te Rūnanga Nui and an undermining of the mana of the kura kaupapa Māori movement
• A policy and regulatory framework for kura kaupapa Māori that is not fit for purpose
• Arrangements wherein the claimants do not have the powers afforded to them under the Treaty partnership to shape policy applicable to kura kaupapa Māori."