Education and Training Act 2020, s 9

In 2020, the Education and Training Act was passed. The purpose of the Act includes establishing and regulating “an education system that honours Te Tiriti o Waitangi and supports Māori-Crown relationships.”

Schools and kura should understand and honour te Tiriti through their actions and decision making.

Education and Training Act 2020, s 127(1)(d), Tau Mai Te Reo – The Māori language in education strategy

You can see how your board is giving effect to te Tiriti in your school’s charter/strategic plan.

School boards have an objective to give effect to te Tiriti under the Education and Training Act.

The Act states three main ways a school can do this:

• Work to make sure the school’s plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori – for example, by consulting with your school’s Māori community about school rules and what they teach, or making sure teachers have training opportunities to support them to correctly teach and practice te reo Māori me ngā tikanga Māori.
• Take all reasonable steps to make instruction available in tikanga Māori and te reo Māori – for example, by showing that the board has a plan to teach te reo Māori across subjects, like mātauranga Māori in science. The board should also have a relationship with and take guidance from the local Māori community. “Reasonable steps” is explained below.
• Make sure all ākonga (Māori and non-Māori) achieve the same level of success in their learning – for example, by supporting Māori (by removing barriers to learning) to pass NCEA at the same rates as other learners. This could involve providing extra support to Māori learners if they need it.

These objectives are a starting point. School boards have the freedom to shape the curriculum according to the needs of the school community.

Education and Training Act 2020, s 485(6); Teaching Council, Code of Professional Responsibility

All registered teachers have to follow the Teaching Council’s Code of Professional Responsibility.

The code states that teachers should have a comprehensive knowledge of te Tiriti and make it part of their teaching practice. For example, by:

• using te reo correctly and often in class
• teaching the history of Aotearoa New Zealand accurately.

If a teacher is going against this code, you might be able to use the code as basis to challenge them.

For more information, see “What do I do if I have a problem with a teacher” in “School governance and management”

You can read the Teaching Council’s Code of Professional Responsibility here

Education and Training Act 2020, s 485(6); Teaching Council, Code of Professional Responsibility

The teaching code expects teachers to “affirm Māori learners as tangata whenua and support their educational aspirations.”

Your teacher should:

• encourage te reo in the classroom
• help you learn about things you are interested in
• know the local history of where you are from, and
• encourage you to explore your whakapapa in your learning.

If a teacher isn’t doing these things, you might be able to use the code as basis to challenge them.

For more information, see “What do I do if I have a problem with a teacher?” in the “School governance and management”

Education and Training Act 2020, ss 10(1), 126. Te Tiriti o Waitangi, Art 2, CO 19(5) Treaty of Waitangi Guidance for Agencies

Article 2 of te Tiriti promises that Māori have the right to make decisions over their resources and taonga.

When a school board writes its strategic plan and bylaws (school rules), they must consult with the school community. This means the board should prioritise its relationships with and the voice of the school community. The school community includes:

• parents and guardians
• caregivers
• family/whānau of ākonga

the Māori community associated with the area that the school is in.

It also means the board and staff should be looking for opportunities to partner with Māori for the purpose of learner success.

Your voice should shape the school rules and strategic plans. This is the law under the Education and Training Act.

Education and Training Act 2020, ss 127(b)(i)-(iii), 127(d)(iii)

• Record incidents – Write down the ‘who, what, when, where and how’ of any experiences you’ve had that feel unfair.
• Raise the concern with a teacher, dean or principal – Make a complaint based on the school’s responsibility to eliminate racism, discrimination and achieve equal success for Māori.

If you’re not happy with how they handle it, contact your local Ministry of Education Office. Go to www.education.govt.nz/our-work/contact-us

If you’re being treated unfairly at school because you’re Māori, the school is neglecting its duty to give effect to Te Tiriti – as well as human rights law.

For more information, see “Discrimination in schools” and “Fixing problems and making complaints”

To learn more about te Tiriti, go to www.trc.org.nz and www.natlib.govt.nz/he-tohu