The Mistake in Te Tiriti Clause Erica Stanford Hopes the Media Don’t Spot

by ELV

Oops!

Despite waking to the news that the Education and Training Act had been passed — and thinking we had no words left — there is nothing like a dawn paddle in the waters of Waitangi, a hot coffee, and a warm custard doughnut to reignite the spark.

After all, there’s no point burning hot if you can’t also burn something down.

The Clause She Should Have Double-Checked

On 4 November a quietly bold move was made.

Willow-Jean Prime found a chink in the dragon’s armour.

And Erica Stanford is hoping nobody spots it.

We did. 

We’ve sat with it, waited for the right moment. 

Because shouting too soon wouldn’t have let the media, petitions, and professional networks build the momentum needed. Now, the wave has swelled enough — and the brave ones opposing the damage deserve the silver lining.

In her rush to seize control of the Teaching Council of Aotearoa New Zealand, Erica added a new clause: 29B — a clause meant to show her humane side, to extend a lifeline to our over-exhausted educators.

“We know that schools will need some time to give effect to these changes, and that is why the Education and Workforce Committee have agreed to amend the date at which school boards’ next strategic plan takes effect — from 1 January 2026 to 1 January 2027. This will provide for boards to prepare for and make changes to their strategic plan in 2026…”

Sounds generous.

Smooth.

Reasonable.

The Catch She Missed

School Boards and Trustees around the motu have been clear: they intend to keep giving effect to Te Tiriti o Waitangi. Because as anyone in education knows — that’s how a school functions with heart and integrity.

Erica’s clause, however, acts like a guardian gate-keeper. 

The very strategic plans that already embed Te Tiriti commitments are now rolled over — frozen in time — until 2027. Even those few (if any) schools that might have wanted to remove their Te Tiriti clauses — Hobson-aligned or otherwise — now have no escape.

They must keep them.

So, the clause that seemed to offer time has instead locked the system in.

Still with us?

A Surge of Educator, Iwi and Board Push-Back

While politicians argued over clauses, the classrooms of Aotearoa became meeting grounds of quiet resistance.

Staffrooms buzzed with disbelief.

Principals drafted letters.

Teachers signed petitions between lessons.

Across the motu, educators, principals, school boards, and iwi leaders didn’t just whisper — they roared.

A petition led by the National Iwi Chairs Forum, backed by the New Zealand Educational Institute Te Riu Roa (NZEI), the New Zealand Principals’ Federation, the Post-Primary Teachers’ Association Te Wehengarua, Te Akatea New Zealand Māori Principals Association, the Secondary Principals Association of New Zealand, Te Whakarōputanga Kaitiaki Kura o Aotearoa – New Zealand School Boards Association, and others — representing 88 iwi and over 95,000 teachers, principals, schools and kura — showed the breadth of this unity (PPTA).

Their message was clear: this wasn’t about policy — it was about identity, partnership, and the foundation of our educational kaupapa (Te Ao Māori News).

The media lit up: 1 News headlined, “Shock as Govt looks to remove schools’ Treaty of Waitangi requirement.” (1 News)

Te Ao Māori News reported, “School boards no longer required to give effect to Te Tiriti … Minister set to explain to iwi leaders.” (Te Ao Māori News)

RNZ added that the only legal obligation for schools to teach te reo Māori would now be if parents asked for it (RNZ).

This isn’t a small ripple, as the Government might hope.

It’s a surge.

A current of conviction.

When Clever Turns Clumsy

Because of Clause 29B, what seemed like a protective buffer has become an anchor.

The legislation aimed to remove boards’ statutory requirement to give effect to Te Tiriti. And yet — by freezing existing strategic plans that already include those obligations until 2027 — the system is now locked in for two more years.

The result: the “removal” will never take effect.

Simply put: all the fuss and posturing — the training, rhetoric, and political theatre — for nothing. A spectacular own goal!

When Willow-Jean Prime pressed the Minister for clarity:

“Just for absolute clarity for all our schools and kura out there — are you saying that their current strategic plans, which give effect to Te Tiriti o Waitangi, are not required to change until 2027? Could you just clarify for all those schools in their planning?”

The room shifted.

The penny dropped.

The Minister blinked.

The error revealed itself.

Popcorn anyone?

A move meant to weaken Te Tiriti commitments has instead preserved them.

Picture This

A press conference.

Flashes pop.

A journalist leans in:

“Minister, you told us boards will no longer need to give effect to Te Tiriti following this amendment. But clause 29B means existing plans must roll on until 2027. So — in effect — nothing changes until after your government leaves office. Why go to all this trouble then?”

Pause.

Cameras flicker.

Reporters lean forward.

The question hangs.

The Minister’s face tightens.

Her big play has become her biggest mis-step.

The narrative she tried to control now controls her.

For the schools.

For the boards. 

For the teachers who stood up, signed petitions, emailed MPs, and prepared to give effect — not wait for permission.

What This Means for Educators Now — and for Tomorrow

Schools will continue to give effect to Te Tiriti o Waitangi.

Despite the legal sleight of hand, boards committed to Te Tiriti-based practice carry on as before, their strategic plans remaining valid until any new rollout occurs. Across Aotearoa, tens of thousands of educators have rallied — teachers, principals, board members, whānau, iwi and associations — all reminding the nation that educator voice matters.

Their petitions, protests and professional integrity have shown scale, resilience and unity. They’ve proven that legislation doesn’t always equal change, that the devil is always in the clause — and educators have read every word. 

The longer game is alive: if a new government after 2026 values educator wisdom and Te Tiriti integrity, the undoing of this ministerial mistake will be the first order of business.

Meanwhile, the real work continues — in Te Tai Tokerau and across Aotearoa — where schools already live and breathe Te Tiriti through culture, curriculum and care. Legislation may shift like sand, but the heartbeat of Te Tiriti-partnered classroom endures.

A Nod to Those Who Kept Watch

Let’s not overlook the persistence it took to spot this gap in the storm.

It takes a keen eye and a steady hand to catch a dragon mid-flight.

So, to Willow-Jean Prime — and to every leader and educator who kept reading the fine print while the rest of the country was catching its breath — we see you.

We see your care for truth and your courage to stand for schools when it mattered.

Here’s the truth no one in her press team wants printed: The very clause she wrote to calm educators has become the one that protects them.

Te Tiriti o Waitangi lives on — not by her design, but by her mistake.

And perhaps that’s the most poetic justice of all — that what was meant to silence us has instead strengthened our collective voice.