Religious Instruction In Schools. Analysing The New Opt-In Provision In S 58(1) Of The Education And Training Act 2020

Abstract

The new requirement in the Education and Training Act 2020 s 58(1) for parents to opt in to religious instruction classes is an overdue change to the education system in New Zealand. The previous opt-out system was set out at s 59(1) of the Education Act 1964. This had been challenged in court and within the Ministry of Education several times this century on the basis of inconsistency with human rights and issues with the practical implications of the system. The new opt-in system resolves many of these issues. Concerns around the impact s 58(1) will have on tikanga have been overstated given that official agencies have stated that tikanga should be understood as a cultural practice. The new opt-in procedure also does not threaten freedom of religion as schools are still able to offer religious instruction. Section 58(1) is therefore an important step forward. However, the legislation as it stands still creates the potential for breaches of human rights in schools. Other provisions in the Education and Training Act such as the opt-out procedure for religious observance and the times when religion can be present at the school should therefore be considered for future reform. There is also a need for clear Ministry of Education guidelines and regulation in this area.