Government forced to apologise after Waitangi Tribunal claim lodgment overlooked

September 5, 2018
Nikki Kaye asked Chris Hipkins about a meeting he had with one charter school in Northland.

By Maiki Sherman and Anna Whyte

The Education Minister has been forced to apologise to two prominent Māori education leaders over "inaccuracies" in comments he made publicly regarding a Waitangi Tribunal claim.

Sir Toby Curtis and Dame Iritana Tawhiwhirangi lodged a claim with the Waitangi Tribunal in July opposing the Government’s closure of charter schools.

However, Education Minister Chris Hipkins retracted comments after he said the claim had not been received by Crown Law.

In a letter addressed to Sir Toby, Mr Hipkins said: "I am writing to apologise for the inaccuracies in the public comments I made about not being served with your kura hourua claim with the Waitangi Tribunal.

"I had relied on [Crown Law] advice that the Crown had not been served when making my comments about this matter. I wish to apologise to you for those comments."

The error was picked up by Crown Law saying the legal papers had been served but were "overlooked" in an email inbox.

National's Education spokesperson Nikki Kaye called the incident an embarrassment and described the "stuff up" as a continued example of bad process regarding charter schools.

Mr Hipkins has also been forced to correct an answer to a formal question by Ms Kaye in Parliament  on August 3 , saying he was advised "the Crown has not yet been formally served with the claim". 

He corrected the answer yesterday. 

Ms Kaye said as a result of the error, the Government have "sat on their hands for several months and not engaged in a good faith way".

"It's really disappointing that this error has occurred, the iwi leaders deserve to be respected appropriately," she said. 

"The way they can make it right is to sit at the table with iwi leaders and remove provisions in the Education Amendment Bill that scrap the partnership school model."

Sir Toby released a statement today, thanking Mr Hipkins for the apology.

"Our Treaty Claim involves an important issue affecting Māori for generations to come, and it must be given the due care, respect and process it deserves."

Sir Toby encouraged the Minister to "pause in making amendments to the Education Act will affect partnership schools". 

"Please at least wait until the Tribunal has heard our claim," he said.

They're urging the Prime Minister to intervene and show some aroha.

Crown Law are now reviewing its internal procedures.  

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