Submission on the Education and Training Amendment Bill (No 2)

Our submission highlights that most of the proposed changes to the Education and Training Act 2020 (the Act) will not have a positive impact on the rights, interests and wellbeing of mokopuna and are unnecessary. We are particularly concerned about the removal of the National Education Learning Priorities (NELP), lack of children’s participatory rights and the reframing of the local curriculum. However, we are pleased to see that changes proposed in the earlier consultation have been updated to reflect feedback from submitters, including our advice which recommended retaining student rights under the Bill of Rights and Human Rights Act 1993.

We advocate for the Bill to be strengthened by grounding the legislation in the United Nations Convention on the Rights of the Child (Children's Convention), which would ensure the right to participation for mokopuna, and support systems change to address the systemic barriers which impact their lives everyday and in the schooling and education sector.

Mana Mokopuna opposes the proposed changes to the NELP. This is because they risk the rights of mokopuna under the Children’s Convention and would be a backwards step from the Government’s duties and obligations under the Convention, as the primary duty bearer towards children as rights holders.

Mechanisms such as the NELP strengthen the rights of ākonga to participate in decisions that impact them and centre them in the education system. Given our specific mandate as the independent advocate for all mokopuna, it is important that we provide this advice, as we are concerned of the risks to children’s rights that are raised by this Bill.