ACT Party Tried To Get Treaty Of Waitangi Clause Removed From Education Legislation

Scoop

01-07-2025

The ACT Party fought to have a Treaty of Waitangi clause stripped out of amended education legislation - but was overruled.
ACT leader David Seymour says not removing it entirely has "certainly created some controversy", but it was "simply political".
The prime minister is defending the decision because the government wants clarity around these clauses, and wants to deal with it in a "comprehensive and coordinated way" as part of a wider review.
The Education and Training Amendment Bill tweaks Section 127 of the Act from 2020 - which outlines how schools operate in the country - to update what the "paramount objective", or highest priority objective, is for boards governing schools.
It was part of the ACT and National coalition agreement which sets out to "amend the Education and Training Act 2020 to enshrine educational attainment as the paramount objective for state schools".
The Education and Training Act currently outlines a board's primary objectives in governing a school was to ensure every student can "attain their highest possible standard in educational achievement"; the school is "physically and emotionally" safe; that it includes and caters for students with differing needs; and "gives effect to Te Tiriti of Waitangi".
It specified it must do that by:
(i) working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and
(ii) taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and
(iii) achieving equitable outcomes for Māori students.
The Amendment Bill changes Section 127 so the "paramount objective" is first and foremost to "ensure that every student at the school is able to attain their highest possible standard in educational achievement".
To meet that objective, the board must also meet "supporting objectives" such as those outlined in the original legislation, including the clause to give effect to Te Tiriti o Waitangi, and other objectives around school attendance and evaluating students' progress and achievement.
The order of the Tiriti o Waitangi clause was also slightly changed, so the "achieving equitable outcomes" came first.
Prime Minister Christopher Luxon said "it might sound odd to have to say this" but it was necessary for boards to have a "number one priority on advancing academic achievement".
"So that's job number one."
Seymour agreed, saying the ACT Party campaigned on putting academic achievement "front and centre." He said these changes will ensure that academic achievement is the paramount objective.
"The Act Party has long felt that we have not had an adequate emphasis on just simply making sure that valuable academic knowledge is transferred from one generation to the next."
He said there had been "a lot of disquiet" the requirement to uphold the Treaty had not been removed.
He claimed parents "frequently complain" their children were spending time on subjects and activities that have no value to them, but "appear to be part of a wider political project to change the culture of New Zealand".
He said that was a source of "enormous anger" and parents wanted their children focused on "reading, writing and arithmetic".
He rejected the notion the removal of that clause was itself a political project, saying "there's no political project in wanting children to learn only things that are valuable to them".
Seymour said he would not reveal any kind of "cabinet or other private discussion", but that people can "probably guess" the ACT Party would want to remove a clause like that. The reason for not removing it was "simply political" he said, "not all political parties agree with the removal".
"Perhaps other parties were less eager to hence, it remains, but will be reviewed as part of the government's wider treaty clauses reviewed."
When asked about the differences between National and ACT, Seymour said the National Party would always explain itself as a "broad church".
Luxon refused to say who pushed back on ACT's proposal, saying it was simply a "series of conversations that happen in cabinet and cabinet committees".
Luxon said there was a set of questions around treaty obligations and the implications within legislation. He explained the government had a broader piece of work to outline specific treaty clauses rather than "general, open ended" ones so "everyone has maximum clarity about how a piece of legislation is to be operationalised".
As a result he said the clause would be considered as part of that review. He said the most important thing was to make sure boards understand the priority was getting kids to school, teaching them maths and teaching them to read.
Education Minister Erica Stanford told RNZ "legitimate questions" were raised regarding the existing Treaty clause in section 127 of the Education Act during the Cabinet process in August last year.
She said Cabinet agreed to include the section 127 treaty clause, along with many other references to the treaty in the Education Act, in the wider review the Justice Minister was undertaking.
"This process of reviewing the whole Education Act at once was seen as a more coherent approach to ensure consistency of decision making rather than considering Treaty clauses on an ad hoc basis."
The Amendment Bill is currently at select committee stage. Submissions close on 12 June and a report is due back in September.