Abstract:
Since its signing, the Treaty of Waitangi has come to form the base from which iwi and hapu have sought protection from the constitutional erosion of their rights. However, it has had a somewhat checkered history in terms of its official recognition. In the period since 1975, there has been a re-emergence of the Treaty in the official discourse of the Crown, particularly through the development of 'principles' by the Waitangi Tribunal and the Court of Appeal. The principles of the Treaty of Waitangi have also come to form part of the policy development and implementation processes of the State.
Through a review of current literature, the thesis investigates the general nature of official Treaty discourse since 1975 and the concurrent development of education policies and practices in regard to perceived Treaty obligations and responsibilities. Of particular note, was the 1986 finding of the Waitangi Tribunal with regard to the Te Reo Maori Claim, in which the existing education system was found to be operating 'in breach of the Treaty'. The thesis also discusses the recent educational administration reforms in light of the varying attempts to address the 'principles' of the Treaty of Waitangi.
After discussion of the above, the thesis investigates a practical expression of Treaty obligations, in the form of a case study of the development of school policy on te reo Maori me nga tikanga Maori. The fieldwork for this exercise comprised mainly participant observation of the hui of Te Whanau o Te Kura (a school support group) during the development and discussion of the school policy, and individual interviews with members of the group. Te Whanau o Te Kura consistently looked at the Treaty as the basis for the development of the school policy and, in particular, the recognition of their rights under Article Two.
The thesis concludes noting that the last two decades have seen a revitalisation of discussion and discourse surrounding the Treaty. Te Whanau o Te Kura were certainly motivated to undertake their activities in light of the impact of the both the nature of Treaty discourse resulting in wider public discussions, and the educational reforms. Under the present administration, the equity provisions (including the specific recognition of the Treaty) have been replaced by the promotion of the concept of the 'level playing field'. Ultimately, the thesis argues that the recent impacts made by tangata whenua in the educational arena are expressions of a desire for legitimacy and validity. Validity in terms of adequate Government recognition of their matauranga, their educational processes and institutions, and their rights under the Treaty of Waitangi.
