FRIDAY 31 AUGUST 2018

Media Statement by Sir Toby Curtis On behalf of the Claimants to the Waitangi Tribunal In the matter of the Kura Hourua (Partnership Schools) Claim, (Wai 2770)

On Thursday last week I issued a media release (copy attached, Appendix 1) disputing a written answer provided by the Minister of Education, Chris Hipkins, to a Parliamentary question.

The Minister’s answer on 13 August (Reply 15640, copy attached, Appendix 2) relates to our Claim over partnership school closures that is currently before the Waitangi Tribunal. He said: “I have been advised that the Crown has not yet been formally served with the claim.”

In my media statement on Thursday morning, I made it clear that the Minister’s answer was wrong.

The Minister then repeated this inaccuracy to media, providing a statement to Māori Television’s Rereātea later on Thursday, saying yet again that the Crown had still not been served with our Statement of Claim.

Our lawyer, Matanuku Mahuika, of Treaty law specialists Kahui Legal, confirms that the Minister was wrong:

“Minister Hipkins’ statement was incorrect. The Statement of Claim lodged by Sir Toby and Dame Iritana was served on the Crown via its solicitors (Crown Law) on 3 July. This complies with the requirements for service set out in the Waitangi Tribunal’s practice note and the Crown’s own position as to what is required to effect service in the Tribunal. At the time, Crown counsel acknowledged that Crown Law was in receipt of the claim”, said Mr Mahuika.

This is an important issue for Māori. It relates to the future of Māori education. The Minister’s denials and his response to the written Parliamentary questions seems to indicate that he has requested no briefings or meetings, nor sought any information whatsoever regarding our concerns. That would be extraordinarily dismissive of him. Briefing papers to the Minister, released by his own officials, suggest otherwise. As far back as December 2017, Education officials were warning the Minister of the “possibility of legal risk from a Treaty of Waitangi claim” (copy and reference attached, Appendix 3).

The Minister got his facts wrong the first time when he told Parliament that the Crown had not been served with papers when Crown Law had been in receipt of them since 3 July. He should stop repeating this inaccuracy in his rush to ram legislation through Parliament that he has not properly consulted on, to the detriment of Māori and in conflict with the obligations of the Crown to act in good faith towards its Treaty partner.

ENDS

Appendix 1:
Copy of media release from Sir Toby Curtis (issued Thursday, 23 August 2018)
Minister Hipkins is in denial over Treaty claim

Māori educator and iwi leader Sir Toby Curtis says he is astounded that the Minister of Education, Chris Hipkins, has denied receiving a claim that is before the Waitangi Tribunal regarding the closure of eleven partnership schools/kura hourua.

In written responses to the National Party education spokesperson Nikki Kaye, released this week, the Minister says that “the Crown has not yet been formally served with the claim”.

Sir Toby says that the Minister is not being truthful. “He shows a flagrant lack of regard and respect for the process and the claimants, and complete disinterest in the legitimate concerns raised by a wide range of New Zealanders over the Crown’s failure to consult on charter school closures.”

Sir Toby Curtis is the spokesperson for the claimant group that includes Dame Iritana Tawhiwhirangi, Dame Tariana Turia and Pem Bird MNZM. The Claim, lodged on 3 July, has been widely endorsed by kaumatua and community leaders.

“Our Claim was served on the Crown via Crown Law at the same time it was filed with the Waitangi Tribunal, as is the usual practice. Crown Law has confirmed to our legal advisers that they are in receipt of the Claim. Why is the Minister denying this to Parliament?” asks Sir Toby.

“This has become a pattern. The Minister issued termination notices to kura hourua before the Select Committee has even completed its public hearings on proposed Education Act amendments, putting enormous stress on school communities. He sat on a Supplementary Order Paper for nearly a month before slipping it out to schools with a three working day deadline to respond (and with no notice at all to other submitters). And now, he denies the Crown has been served a well-publicised Treaty Claim.”

“Denying Māori the opportunity to be consulted on major decisions affecting us for generations to come goes against everything that the Treaty of Waitangi stands for. Minister Hipkins thinks he can eliminate partnership schools with the stroke of his pen, but he can’t wipe away his obligations to consult with Māori under the Treaty, and he cannot pretend our Claim doesn’t exist,” Sir Toby says.

“Māori have been key partners in kura hourua that are making significant inroads to addressing generational educational under-achievement by our young people. It is a model that works. I’ve had a lifelong involvement with Māori education – longer than any of these politicians – and I’m seeing our kids off the streets, off benefits, and back into classrooms with a renewed sense of purpose and direction.”

“Jacinda Ardern’s Government has put political ideology, formed in the absence of evidence, ahead of the best interests of young Māori, and they refuse to talk about it. So we made a formal Claim and now her Minister is denying the very existence of our upset.”

Appendix 2:
Copy of replies by Minister to written questions (replies released 13 August 2018)
New Zealand Parliament - Written Questions

15640 (2018). Hon Nikki Kaye to the Education (Minister - Chris Hipkins) (03 Aug 2018): What briefings has he requested, if any, regarding Sir Toby Curtis and Dame Iritana Tāwhiwhirangi’s Waitangi Tribunal claim?
Hon Chris Hipkins (Education (Minister - Chris Hipkins)) replied: I have been advised that the Crown has not yet been formally served with the claim. This is also my response to written question 15644 (2018).
https://www.parliament.nz/en/pb/order-paper-questions/written-questions/document/WQ_15640_2018/15640-2018-hon-nikki-kaye-to-the-education-minister

15644 (2018). Hon Nikki Kaye to the Education (Minister - Chris Hipkins) (03 Aug 2018): What reports, briefings, memos, aides memoire and other correspondence, if any, has he received regarding Sir Toby Curtis and Dame Iritana Tāwhiwhirangi’s Waitangi Tribunal claim?
Hon Chris Hipkins (Education (Minister - Chris Hipkins)) replied: I refer the Member to my response to the question for written answer 15640 (2018).

https://www.parliament.nz/en/pb/order-paper-questions/written-questions/document/WQ_15644_2018/15644-2018-hon-nikki-kaye-to-the-education-minister

Appendix 3:
Ministry of Education Briefing Note to Minister Hipkins, 7 December 2017
Ministry officials warn of legal risk from potential Treaty Claim
Item 49 (page 9):
https://www.education.govt.nz/assets/Documents/Ministry/Information-releases/Partnership-schools-information-release/May-2018/R-1092213-Alternative-schooling-options.pdf

ends

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