Education (Freedom of Association) Amendment Bill; reading 3

Education (Freedom of Association) Amendment Bill; third reading

Rahui Katene, MP for Te Tai Tonga
Wednesday 28 September 2011

This day – the third reading of the bill – has been a long time coming – and it is a day which some of us in this House had hoped would never happen.

And I want to acknowledge the stirling efforts of the Labour and Green Parties, who along with the Maori Party have tried to prevent this Bill from ever being enacted.

When the Bill last came before the House on 7 September, my colleague Te Ururoa Flavell sought the leave of the House that this bill be referred in its entirety to the Waitangi Tribunal under section 8 of the Treaty of Waitangi Act 1975.

This was an action taken up after the intervention of Te Mana Akonga – the national association of Maori students.

Te Mana Akonga sought to take the claim to the Waitangi Tribunal on the basis that it would weaken the representation of Maori students.

It was an action that did not receive the support of the House.

But nevertheless the concerns we had – and have had right since the onset of this bill – bear repeating for the record.

But I want to do that, by letting the students voices prevail.

For we believe we are here in Parliament to be the very best advocates for the people that we can and it is only right, therefore, that the voices of those most affected should be ringing in the ears of every member of this House as we consider actions which impact on the student body

And I would remind the House, there were 4,837 submissions received on this bill, 4,418 of which were submissions from students who were opposed to the Bill.

Not long after Mr Flavell attempted to refer this Bill to the Waitangi Tribunal he received an email which provides an interesting insight into the issues around students associations and their fate under this Bill. That email stated, and I quote:

As a past student of the University of Otago and a past tumuaki of Te Roopu Maori, Maori Student Association at Otago University I would like to express my thanks to you and the Party for attempting to suspend the progress of this Bill.

I also wish to express my utmost support for Student Associations, in particular Maori Student Associations. These roopu are vital for students to survive at their chosen University, particularly Otago.

Most Maori students enrolled at Otago University are from the North Island. Te Roopu Maori offered me a place to call home because of the tikanga (values) they upheld that no other student service, department or lecturer could provide.

These being whanaungatanga, manaakitanga, aroha, taha wairua and many more. It was a place I could go to when I felt I had no where else to turn, where people can relate to how I was feeling or the challenges I was facing”. End of quote.

Mr Speaker, I would imagine that most members around this House would share a similar view to the Maori Party – that education is a front-end investment in our future.

What this student is reflecting about Te Roopu Maori, is in itself a very positive reflection of the value of student associations in supporting and encouraging Māori students in progressing in tertiary education.

What I found most illuminating from the submissions was how consistent the messages were about the value of student associations.

I was interested in listening to Heather Roy’s opening remarks in this third reading, when she talked about the importance of the freedom of rights for students.

And I recall the very first speech I made on this Bill, so many months ago, that I thought it was with some irony that we are faced with a bill, the Education (Freedom of Association) Amendment Bill, that seeks to erode students associations but places the word “freedom” in its title.

Students rights – as the submissions would tell us – are best represented by students themselves, in the student associations they have formed.

And so I return to Otago University – to the present day – to the submission they presented to the Education and Science Select Committee, and they said:

We oppose this Bill because it will exterminate the services that we provide for the Māori students at the University of Otago. It will diminish kaupapa Māori and tikanga Māori that Te Roopu Māori provide for students, for example a whānau on campus, whakawhanaungatanga, aroha, wairua and manaaki that are valued by Māori students.

Mr Speaker, the heart breaks when we read these submissions. This Bill attacks those who are forming the very foundation of our future It robs our rangatahi of the vital support that they have seen as of such value in assisting them to undertake university studies.

What is most infuriating about this whole legislative travesty is that actually the current legislative framework is both flexible and inclusive, allowing for both voluntary and universal membership of students’ associations.

The legislation already has the potential for what Ms Roy wants to happen.

So why would we go to so much bother to introduce this Bill? What does ACT hope to achieve by making student association voluntary?

More to the point – what will enacting this Bill do to the confidence and the optimism of our student body, that Parliament is there to protect and support their interests along with any other taxpayer?

What will Te Roopu Whai Pūtake – Otago University Māori Law Students Association think? This is the group that described this bill, and I quote, as “attacking the Maori student voice and their ability to have democratically elected collective organisations on campus, by removing the existing rights of students to self-determination”?

How will Mrs Roy account back to Te Mana Matauranga o te Waiariki who have advised the House and I quote, “we believe that this Bill is unnecessary as the status quo works”.

How can Parliament address the concerns of Ngā Tauira Māori – Auckland University Māori Students Association who explained the case very clearly indeed:

the Bill adversely affects the ability of Nga Tauira Māori to exercise Tino Rangatiratanga, Kaitiakitanga and Manaakitanga of which are guaranteed in Te Tiriti ō Waitangi.”

It is not only those who are representing the associations of students who are vehemently opposed.

I recall the words of John Kingi – Welfare Officer AUSA: who said

“Often times we are forced to turn away students who may require some assistance as we simply do not have the capacity, that Universal associations do, to meet the demands of students.”

Mr Speaker, Māori students comprise a minority of university students, only 7% overall.

These Māori students need to be introduced into the tertiary environment as a welcoming and safe space – Maori student associations assist in this by holding first year support hui or wānanga with active mentoring and academic support programmes.

And I am reminded of the submission from Te Mana Akonga, which told this House that the proud history of Māori roopū and student associations has ensured Māori students have an outlet to speak their mind through the freedom of speech, the freedom of autonomy and academic freedom.

As the representative body for Maori students they believe that this bill does not support Maori students but increases the likeliness of Maori student failure due to the support structures not being present.

I am greatly saddened today that this Bill has come into this House and that Maori students – indeed all students – will be fully aware now that there are some parties who do not see the value of supporting the ripe potential of our upcoming generations.

And I leave the last word to another submission from within my electorate – that from Ngāi Tauira – Victoria University
“It is our belief that until Māori become a normal feature of the tertiary environment, then Māori student associations will be necessary to ensure equity and support of our students in the tertiary environment.”

The Maori Party votes to oppose this Bill with all of our might.

ENDS