Waitangi Tribunal finds Crown acted without consultation in removing school boards' Treaty obligations

The Waitangi Tribunal has found that the Crown acted abruptly, unilaterally and without consultation with Māori when it removed school boards' obligations to give effect to Te Tiriti o Waitangi, the Treaty of Waitangi. The tribunal has recommended that the Crown formally apologise to Māori for the Treaty breaches that arose from the removal. The findings are set out in a report released by the tribunal.

The obligation was set out in section 127(1)(d) of the Education and Training Act 2020. It required school boards to ensure their schools gave effect to the Treaty. The provision was removed in November 2025 through an amendment the Crown introduced at the Committee of the Whole House stage, the part of the law-making process where the full House of Representatives considers the detail of a bill.

The tribunal said the change blindsided Māori and fell short of the standard of honour required of the Crown. It found there is no evidence the Crown sought official advice on the proposal. No Regulatory Impact Statement, the document that sets out the likely effects of a proposed change, informed Cabinet's decision.

The tribunal also found that removing the provision leaves school boards' commitment to the Treaty to chance. It said the change had created confusion about whether the Treaty remains relevant to school boards.

The tribunal has recommended that the Crown restore in its entirety the obligations formerly contained in section 127(1)(d). It is the tribunal's third report on changes in the education sector. In an earlier report on the reform of the national curriculum, released in September, the tribunal recommended that the Crown recommit to working in partnership with Māori in education.