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What is the context of this work?

Te Wānanga o Raukawa registered its Whakatupu Mātauranga (WAI 2698) claim with the Waitangi Tribunal in December 2017. One of the key issues raised in the claim is the tension between different understandings of tino rangatiratanga and kāwanatanga by Te Wānanga o Raukawa and the Crown and how they are expressed in Crown tertiary education policies and processes.

In February 2018, Te Wānanga o Raukawa and the Ministry committed to a co-design approach to resolving the issues raised in WAI 2698 outside the Tribunal process. A Relationship Protocol document was signed in November 2019, which provides a framework for our ongoing discussions and future work together on the WAI 2698 claim.

What is the proposal?

We are proposing changes to the legislative settings of Te Wānanga o Raukawa through an Order in Council, which would be enabled through the proposed new Wānanga sector framework (see the accompanying discussion document). The Order in Council (OIC) would:

  • establish Te Wānanga o Raukawa as a new statutory entity that is not a Crown entity
  • change Te Wānanga o Raukawa’s governance arrangements, by removing Ministerial appointments and requiring that its Council include two representatives from each of the three iwi of the ART Confederation (the iwi of Te Ātiawa ki Whakarongotai, Ngāti Raukawa and Ngāti Toa Rangatira)
  • establish a legislated purpose and set of functions for Te Wānanga o Raukawa; and
  • make changes to its reporting requirements and the monitoring and interventions that would apply to Te Wānanga o Raukawa.

More detail about the proposal can be found in the accompanying discussion document.

What is an Order in Council (OIC)?

An OIC is secondary legislation is law that is made by someone other than Parliament. It is made under a power that Parliament has formally delegated in a particular Act. An OIC is a type of secondary legislation that is made by the Executive Council presided over by the Governor-General. In essence, it means that changes within the scope of the relevant primary legislation have been delegated.

Does this change how Te Wānanga o Raukawa is funded or quality assured?

This proposal would not change funding or quality assurance expectations for Te Wānanga o Raukawa tertiary education delivery, and these aspects are being discussed independently of this proposal.

Why are you proposing these changes?

We, in collaboration with Te Wānanga o Raukawa, are proposing these changes to address one of the key issues raised in the WAI 2698 claim – the relationship between kāwanatanga and tino rangatiratanga. We also aim to enable Te Wānanga o Raukawa to embed its purpose of maximising its contribution to the survival of Māori as a people in secondary legislation, and choose the settings that best support this, for the generations to come.

How does the proposal ensure better recognition of the Tiriti-based relationship between Te Wānanga o Raukawa and the Crown – in particular, the relationship between kāwanatanga and tino rangatiratanga?

The proposal better recognises the Tiriti-based relationship between Te Wānanga o Raukawa and the Crown in the administrative settings applying to the Wānanga by:

  • reflecting the commitment the ART Confederation (Te Āti Awa ki Whakarongotai, Ngāti Raukawa and Ngāti Toa Rangatira) provided to establish and support Te Wānanga o Raukawa, and providing the right balance of accountability between the Crown and the ART Confederation,
  • enabling a partnership approach for Te Wānanga o Raukawa and the Crown to determine the purpose, functions, governance arrangements, interventions, entity status and accountabilities of Te Wānanga o Raukawa, and
  • providing a foundation upon which the interests of both the Crown and Te Wānanga o Raukawa can be advanced in a manner that gives expression to Te Tiriti o Waitangi.

How does this proposal link to the companion proposal for a Wānanga sector framework?

The companion proposal is intended to create an enabling, high-level Wānanga sector framework in primary legislation that outlines provisions that would apply across all the Wānanga. This includes the characteristics of a Wānanga and the process to establish and disestablish a Wānanga. The proposed Wānanga sector framework would also enable particular administrative settings to be varied in how they apply to each Wānanga (such as their purpose, functions, governance arrangements, interventions, entity status and accountabilities) through Order in Councils (OICs). Until changes are made through an OIC for an individual Wānanga, by default the current provisions of the Education and Training Act 2020 would apply.

The proposal for reconstituting Te Wānanga o Raukawa sits underneath the Wānanga sector framework in secondary legislation. It is an individual expression of the kaupapa and aspirations of Te Wānanga o Raukawa through an OIC.

How are the proposals linked to the kaupapa of Te Wānanga o Raukawa?

Part of the proposed legislated purpose of Te Wānanga o Raukawa is advancing and demonstrating the expression of its foundational kaupapa (whakapapa, te reo, rangatiratanga, manaakitanga, whanaungatanga, ūkaipōtanga, kotahitanga, wairuatanga, pūkengatanga, kaitiakitanga) in all aspects of its operations.

What will be different for me as a student of Te Wānanga o Raukawa?

For students of Te Wānanga o Raukawa, we would expect that their day-to-day student life would not be affected by these proposed changes.

The most significant proposed change directly impacting students would be the proposed requirement for Council to engage with students to develop its statement of strategic direction. This proposal  embeds student voice in secondary legislation through the proposed provisions around the statement of strategic direction. The proposal is that the Council must, at least once every 3 years, issue a statement setting out its strategic direction for the next 5 years.  The statement must include:

  • progress towards achieving Raukawa’s purpose; and
  • how the Council intends to perform its functions; and
  • how the Council intends to give effect to the relevant parts of the tertiary education strategy; and
  • the performance measures the Council will use to assess its performance against the goals and objectives set out in the statement.

Before issuing a statement, the Council must engage with students to develop the statement.

Will my qualifications be recognised as they currently are?

Yes - Te Wānanga o Raukawa will remain an approved education provider in New Zealand with their qualifications listed on the New Zealand Qualifications and Credentials Framework. As such, your qualifications will still be domestically and internationally recognised for quality assurance purposes.

Will I still get access to student loans and allowances?

Yes - Te Wānanga o Raukawa will remain an approved education provider in New Zealand, and so you will still be eligible for student loans and allowances (if you meet the other criteria for eligibility).

I am a kaimahi of Te Wānanga o Raukawa – how will this proposal impact me?

Existing roles and responsibilities related to whakatupu mātauranga activity and the provision of academic programmes will be reflected in the legislation through the proposed functions of Te Wānanga o Raukawa.

One of the legislated functions of Te Wānanga o Raukawa will be to facilitate, support and conduct whakatupu mātauranga activity that contributes to the survival of Māori as a people by reclaiming, nurturing and extending the mātauranga continuum. Another function of Te Wānanga o Raukawa will be to provide education and training with a focus on higher education that contributes to the survival of Māori as a people, including:

  • academic programmes that enable and support the acquisition of, and increased fluency in, te reo Māori
  • academic programmes that are taught in the medium of te reo Māori
  • academic programmes that foster and extend mātauranga
  • academic programmes that strengthen whānau, hapū and iwi
  • academic programmes that support and enhance kaupapa-based approaches within a range of disciplines.

I whakapapa to Te Āti Awa ki Whakarongotai / Ngāti Raukawa ki te Tonga / Ngāti Toa – how will this proposal impact me?

The founding iwi of Te Wānanga o Raukawa will be given more responsibility for Te Wānanga o Raukawa as accountability for the organisation's performance will sit with the ART Confederation.

The ART Confederation’s voice on Te Mana Whakahaere will be strengthened by increasing the number of iwi representatives from three in total to six in total - two representatives from each of the three iwi of the ART Confederation that are appointed by those iwi to sit on the Council.

The proposal also includes a provision that the Council must consult iwi on the proposed statement of strategic direction. The statement must be issued at least once every 3 years, setting out the Council’s strategic direction for the next 5 years.  The statement must include:

  • progress towards achieving Raukawa’s purpose; and
  • how the Council intends to perform its functions; and
  • how the Council intends to give effect to the relevant parts of the tertiary education strategy; and
  • the performance measures the Council will use to assess its performance against the goals and objectives set out in the statement.

Te Wānanga o Raukawa also proposes to include a provision that allows the three iwi to collectively dissolve the council and appoint a matapopore to act in place of the council if the three iwi believe on reasonable grounds that—

  • there is a serious risk to the operation or long-term viability of Te Wānanga o Raukawa; and
  • other methods of reducing the risk either have failed or appear likely to fail.