Review of the Legislative Settings ... - Ministry of Education



Review of the

Legislative Settings for

Wānanga Governance

Consultation Document

Table of Contents

Purpose of this document 3

How to provide feedback 3

Next steps in the review of the legislative settings for wānanga governance 3

The current legislative settings for wānanga governance 4

Why the Government is reviewing legislative settings for wānanga governance 5

Proposed changes to the legislative settings for wānanga governance 7

Questions for feedback 11

Purpose of this document

The Ministry of Education (the Ministry) is currently reviewing the legislative settings for wānanga governance. The Government aims to ensure that wānanga have strong, well-equipped governing bodies that are efficient and fit-for-purpose, that will help to ensure that wānanga have excellent educational and financial performance. The Government also aims to ensure that this review reflects the partnership between the Crown and Māori and reflects wānanga’s unique status as āhuatanga and tikanga Māori institutions.

The Ministry is undertaking this review in close consultation with wānanga. Officials have discussed the review with the three wānanga – Te Wānanga o Aotearoa, Te Wānanga o Raukawa and Te Whare Wānanga o Awanuiārangi. This document reflects these discussions.

The review has identified a number of possible changes that could help to meet the Government’s aims and the aims of wānanga. This document seeks your views on these proposed changes.

This document begins with a description of the current legislative settings for wānanga governance. This is followed by a section outlining why the Government is undertaking this review. The document then outlines the Government’s proposal for future legislative settings for wānanga governance, including a number of changes to the current settings.

Questions for your feedback are included in each section and are also listed together at the end of the document.

How to provide feedback

You can provide feedback on the questions in this document online at . The deadline for providing feedback is Tuesday 12 November.

If you have any questions related to this document, please email governance.review@t.nz.

Please note that your feedback may later be made publicly available in a document summarising responses to this consultation. If you do not wish your name and/or organisation to be associated with your feedback in this summary, please indicate this in providing your feedback.

Next steps in the review of the legislative settings for wānanga governance

Feedback will be used to inform decisions on the review and, in particular, changes to the legislative settings for wānanga governance. If legislative changes to the settings for wānanga governance are needed, a bill will be introduced to Parliament. During the legislative process, there would be a further opportunity to provide feedback to the Government on the proposed changes. A bill could then be passed next year making legislative changes to the settings for wānanga governance.

If legislative changes are made to the settings for wānanga governance, they will include arrangements to allow wānanga to transition smoothly from the current governance settings to new governance settings, including giving wānanga the opportunity to amend their constitutions according to new legislation. If legislation was passed by the middle of 2014, for example, new councils could be in place for the start of the 2016 academic year.

The current legislative settings for wānanga governance

The legislative settings for wānanga governance are outlined in sections 169 to 171 and 173 to 179 of the Education Act 1989 (the Act).[1] These sections pertain particularly to the size and membership of wānanga councils and to the reasons for which council members are chosen.

The Act requires wānanga to have councils of 12 to 20 members, with membership as follows:

• four members appointed by the Minister responsible for tertiary education

• the chief executive

• one to three members of the academic staff

• one to three members of the general staff

• one to three students

• having regard to the courses provided by the institution, one member representing the central organisation of employers

• having regard to the courses provided by the institution, one member representing the central organisation of workers

• if appropriate, one member representing professional bodies

• additional members co-opted or appointed by the council, or elected members.

Within the bounds of legislation, council size and membership is determined by each wānanga’s council through its constitution, which is published by the Minister in the Gazette.

The council of the wānanga appoints its chairperson and deputy chairperson.

In addition to council membership representing particular stakeholder groups as indicated above, the Act expresses the desirability that councils reflect the ethnic and socio-economic diversity of the communities served by the institution, and the fact that approximately half the population of New Zealand is male and half the population is female. The Act also directs the Minister to strive to ensure that councils have sufficient members with management experience to enable the council to perform its functions.

For details, refer directly to the Act, which is available online here: .

Why the Government is reviewing legislative settings for wānanga governance

The Government seeks to ensure that tertiary education institutions (TEIs) are governed as efficiently and effectively as possible to help them build on their current performance, and to support the major contributions they make to their communities and to New Zealand’s economy. The governance settings for institutes of technology and polytechnics (ITPs) were reviewed and changed in 2009. The governance settings for universities are also currently under review.

A council is a wānanga’s governing body. Among other things, the council of a wānanga undertakes the wānanga’s long-term strategic planning, strives to ensure the wānanga’s highest standards of educational excellence, ensures the wānanga operates in a financially responsible manner, and prepares the wānanga’s Investment Plan and ensures the wānanga is managed in accordance with it. In effect, a wānanga’s long-term viability and success depend on a strong, highly capable council.

The current governance settings for wānanga were not written with wānanga in mind. When wānanga were established as TEIs in the mid-1990s, they fell under the same governance settings that applied to universities and ITPs. The governance settings were developed as a one-size-fits-all approach which may no longer be fit for purpose for wānanga. In particular, the legislative settings for governance do not adequately reflect the wānanga’s unique status under the Act, which states that wānanga are characterised by teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding āhuatanga Māori (Māori tradition) according to tikanga Māori (Māori custom) (section 162(4)(b)(iv)). The governance settings for wānanga have not previously been reviewed with wānanga’s unique status in mind.

The current governance settings for wānanga are based on a representative model of governance, which prioritises stakeholder representation over the governance skills and abilities of council members. The particular stakeholders required by legislation to be on councils reflect universities’ central stakeholders, but not necessarily wānanga’s important stakeholders, including founding iwi, and Māori and community stakeholders. Furthermore, while representative stakeholders can also be good council members, councils could be stronger if the governance skills and experience of council members is explicitly prioritised. Representative councils can also result in council members with unclear accountabilities – i.e. whether they are accountable to the wānanga as a whole or to the constituency that they represent. Further, in directing the Minister to appoint council members with management experience to enable the council to perform its functions, existing legislation conflates management and governance.

Membership requirements for wānanga councils are largely prescriptive. While councils appoint many of their members, there are significant constraints on who may be appointed. This means that even with large councils (up to 20 members), there is, in practice, little flexibility over membership. On smaller councils (closer to 12 members), there is even less flexibility over who is appointed once councils meet legislative requirements for representative members.

Strong wānanga need strong councils. The Government seeks more efficient councils that are smaller and have sufficiently flexible membership for wānanga’s unique characteristics to be reflected and for members to have high levels of governance skills and experience. Wānanga councils are large, which can make decision-making difficult and may reduce efficiency. The restrictions around council size do not allow sufficient flexibility for wānanga to have councils smaller than 12 if they choose to.

Objectives for the review

The Government seeks to ensure that wānanga have strong, well-equipped governing bodies that are efficient and fit-for-purpose, and that will help to ensure that wānanga have excellent educational and financial performance.

The Government seeks governance settings for wānanga that:

• reflect the partnership between the Crown and Māori

• equip councils with people highly capable of governing wānanga, defined according to āhuatanga and tikanga Māori, and ensuring wānanga have good educational and financial performance

• be sufficiently flexible to enable each wānanga to reflect their unique characteristics in their council, such as iwi stakeholders

• enable councils to operate effectively and efficiently.

The proposed changes outlined in the following sections aim to amend wānanga councils to best achieve these objectives.

Proposed changes to the legislative settings for wānanga governance

The following sections outline changes that are proposed to the legislative settings for wānanga governance. The changes pertain to council size, council membership, and the capabilities of council members. The first two changes propose smaller councils, with more flexible membership. The third change proposes that the Minister and councils appoint council members capable of governing wānanga, defined according to āhuatanga and tikanga Māori, and ensuring wānanga have good educational and financial performance. The fourth change proposes clarifying the duties and accountabilities of individual council members.

No change is proposed to the appointments of wānanga council chairpersons and deputy chairpersons, which are made by wānanga councils.

|The change |Status quo |Detail on the change |Rationale for the change |

|Decrease council size |not fewer than 12 nor more than 20 members |not fewer than 8 nor more than 12 members |The restrictions on council size do not allow sufficient flexibility for |

| | | |wānanga to have smaller councils if they choose to, and may allow |

| | | |councils that are too big and operate inefficiently. |

| | | |Larger governing bodies can experience problems of poor communication and|

| | | |decision-making. However, councils must also have sufficient membership |

| | | |so as to have among members the breadth of skills and experience required|

| | | |to govern. Councils of 8 to 12 members would be sufficiently large for |

| | | |members to have a breadth of skills and sufficiently small to avoid the |

| | | |problems experienced by large councils. |

|Feedback question: What do you consider are the advantages/disadvantages of this proposal to decrease the size of wānanga’s councils? |

|Make council membership requirements |four members appointed by the Minister |four members appointed by the Minister |The current governance settings for wānanga are based on a representative|

|more flexible |responsible for tertiary education |responsible for tertiary education (no change |model of governance, which prioritises stakeholder representation over |

| |the chief executive/vice-chancellor |from status quo) |the capability of council members. The particular stakeholders |

| |one to three members of the academic staff |between four and eight members appointed by |represented on wānanga councils reflect universities’ central |

| |one to three members of the general staff |the council, according to the wānanga’s |stakeholders, not those of wānanga. In not prioritising the capability of|

| |one to three students |constitution |members, representative councils may not be strong or well-equipped. |

| |having regard to the courses provided by the | |Flexible membership would mean that: |

| |institution, one member representing the central| |the capability of members could be prioritised over their stakeholder |

| |organisation of employers | |representation |

| |having regard to the courses provided by the | |wānanga are able to reflect their unique characteristics in their |

| |institution, one member representing the central| |council, such as iwi stakeholders |

| |organisation of workers | |wānanga are able to select council members capable of operating in their |

| |if appropriate, one member representing | |tikanga and te reo Māori settings. |

| |professional bodies | |A balance between members appointed by the Minister and by the council |

| | | |would reflect the partnership between the Crown and Māori. |

| | | |Individual councils would not be prevented from appointing the chief |

| | | |executive (vice-chancellor), staff, students, and other stakeholders. |

|Feedback question: What do you consider are the advantages/disadvantages of this proposal to make council membership requirements more flexible? |

|Require the Minister and councils to |The Act directs the Minister as far as |The Minister and councils would be required to|The current governance settings for wānanga are based on a representative|

|appoint council members with the skills |practicable to appoint council members with |appoint council members who have skills and |model of governance, which prioritises stakeholder representation over |

|to govern wānanga, defined according to |management experience to enable the council to |experience that make them capable of governing|the capability of council members. In not prioritising the capability of |

|āhuatanga and tikanga Māori, and |perform its functions. |the wānanga, defined according to āhuatanga |members, representative councils may not be strong or well-equipped. |

|ensuring wānanga have good educational |The Act does not direct councils to consider |and tikanga Māori. |In directing the Minister to consider council members’ management |

|and financial performance |whether council members are capable of governing|These changes could complement existing |experience in making appointments to councils, the Act may inadvertently |

| |wānanga. |legislation indicating the desirability that |conflate management and governance. |

| |The Act indicates the desirability that councils|councils reflect the ethnic and socio-economic|Requiring the Minister and councils to appoint council members with |

| |reflect the ethnic and socio-economic diversity |diversity of the communities served by the |skills and experience that make them capable of governing wānanga would |

| |of the communities served by the institution, |institution, and the fact that approximately |help to ensure that wānanga have strong, well-equipped governing bodies. |

| |and the fact that approximately half the |half the population of New Zealand is male and| |

| |population of New Zealand is male and half the |half the population is female. | |

| |population is female. | | |

|Feedback question: What do you consider are the advantages/disadvantages of this proposal to require the Minister and councils to appoint council members capable of governing wānanga, defined according to |

|āhuatanga and tikanga Māori, and ensuring wānanga have good educational and financial performance? |

|The change |Status quo |Detail on the change |Rationale for the change |

|Clarify the duties and accountabilities|Current legislation specifies only the duties of|Legislation would outline expectations for |Specifying the individual duties of council members is important to ensure |

|of individual council members |entire councils, not the duties and |council members’ individual duties with |the accountability of council members. |

| |accountabilities of individual council members. |regards to acting with honesty and integrity,|Accountability mechanisms that hold individual council members responsible |

| | |in good faith, and with reasonable care, |for fulfilling their duties are important for taking a comprehensive |

| | |diligence, and skill. Legislation would also |approach to helping to ensure that councils are highly functioning. |

| | |outline expectations regarding disclosure of |This would help to ensure that councils operate in the best interests of the|

| | |information by individual council members. |wānanga and its stakeholders. |

| | |Legislation would outline sanctions for | |

| | |individual council members who do not fulfil | |

| | |their duties, including action brought | |

| | |against the individual by the council and | |

| | |removal from the council. | |

|Feedback question: What do you consider are the advantages/disadvantages of this proposal to clarify the duties and accountabilities of individual council members? |

Questions for feedback

This document presents the Government’s proposal for changes to the legislative settings for wānanga governance. The proposal includes a number of changes to the existing legislative settings on which your feedback is sought. The following is a complete list of questions for you to address:

1. What do you consider are the advantages/disadvantages of this proposal to decrease the size of wānanga’s councils?

2. What do you consider are the advantages/disadvantages of this proposal to make council membership requirements more flexible?

3. What do you consider are the advantages/disadvantages of this proposal to require the Minister and councils to appoint council members capable of governing wānanga defined according to āhuatanga and tikanga Māori, and ensuring wānanga have good educational and financial performance?

4. What do you consider are the advantages/disadvantages of this proposal to clarify the duties and accountabilities of individual council members?

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[1] Sections 171(8) and 171(8A) have been repealed.

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