The Times Australia
The Times World News

.

NZ universities are not normal Crown institutions – they shouldn't be 'Tiriti-led’

  • Written by Dominic O'Sullivan, Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University
NZ universities are not normal Crown institutions – they shouldn't be 'Tiriti-led’

As part of its aspiration[1] to be “Tiriti-led”, the University of Otago has embarked on a consultation process[2] to re-brand. The proposed change involves a new logo and a new, deeply symbolic Māori name: Ōtākou Whakaihu Waka.

Universities occasionally change logos, names and marketing strategies. All New Zealand institutions have added te reo Māori to their original titles, often opting for a literal translation – “Te Whare Wānanga” – to describe their status as a university. But Otago is taking it a step further.

Metaphorically, “whakaihu” refers to the university’s place as the country’s oldest university, as well as its Māori students often being the first to graduate from their whanau and communities. And it symbolically includes everyone on the “waka[3]”.

That is exactly what a university is supposed to be, of course – a place for everyone. A place where people are free to think and develop ideas, even contested or unpopular ones. As the Education and Training Act 2020[4] says, universities must operate as the “critic and conscience of society”.

But being “Tiriti-led” is not as straightforward. It throws into sharp relief where universities sit in relation to the Crown under te Tiriti o Waitangi/Treaty of Waitangi. This, in turn, raises quite fundamental questions about what a university is in the first place.

Read more: Explainer: the significance of the Treaty of Waitangi[5]

What is te Tiriti, what is a university?

Essentially, te Tiriti o Waitangi[6] was the Māori language agreement in 1840 between Māori hapu and the British Crown which set out the terms of British settlement. Britain could establish government over its own people, hapu would retain authority over their own affairs.

Māori would enjoy the “rights and privileges” of British subjects, a legal status which continues to evolve as New Zealand citizenship. The Treaty of Waitangi is an English language version of the agreement with different and less favourable emphases for Māori.

By wanting to become “Tiriti-led”, Otago has decided it is part of the Crown party to this agreement. This makes Kai Tahu, as mana whenua (people of the land), the university’s “principal Tiriti partner”.

By contrast, when Massey University says[7] it’s Tiriti-led, it doesn’t explicitly say it’s part of the Crown. Auckland University of Technology’s vice-chancellor[8] has said his university is Tiriti-led, but there’s no definition to be easily found on the public record.

Read more: Colonial ideas have kept NZ and Australia in a rut of policy failure. We need policy by Indigenous people, for the people[9]

Styling a relationship in this way is significant – but not necessarily in ways that keep faith with te Tiriti o Waitangi, or with the essential purposes of a university.

Universities are owned and principally funded by the Crown. But their obligation to independent scholarship means they can’t be part of the Crown in the same way as a government department. Universities don’t take direction from ministers in the same way, and their staff are not public servants. They are not part of the executive branch of government.

Together with their students and graduates, academics are the university[10] – a community of scholars obliged to contribute to the discovery and sharing of knowledge, but not obliged to serve the government of the day.

In the same waka but on different sides of the partnership: Prime Minister Chris Hipkins at Waitangi this year. Getty Images

Us and them

Parliament and the executive (government ministers) together decide what te Tiriti means to the Crown side of the relationship. Public servants offer advice, but ultimately take ministers’ instructions on giving effect to whatever is the Crown’s Tiriti policy.

Academics, however, can take a different view. They’re not bound by what the Crown side of the agreement thinks. And, as developments in te Tiriti policy show, academic independence makes a difference.

In 1877, New Zealand’s Supreme Court found[11] the Treaty was legally a “simple nullity” because it had not been incorporated into domestic law. It wasn’t the public servant’s role to object, at least not in public. That kind of intellectual freedom belongs elsewhere. Explicitly, it’s one of the reasons universities exist.

Read more: Putting te Tiriti at the centre of Aotearoa New Zealand’s public policy can strengthen democracy – here's how[12]

Academics – Māori and others – have contributed significantly to developments in te Tiriti policy since 1877, especially in more recent years. Their contributions have often contested prevailing political thought. Universities have given Māori academics – and through them, Māori communities – the kind of voice unavailable to public servants working for the Crown partner.

Partnership is one of the “Treaty principles[13]”, developed legally and politically as an interpretive guide to the agreement. But partnership creates a “them” and “us” binary.

In my book, Sharing the Sovereign: recognition, treaties and the state[14], I show how this binary encourages people to think of the Crown as exclusively Pākehā. Any institution that is not solely Māori is an institution that belongs to “them”.

This reinforces Māori separation from the university as an institution that should belongs to all of us – and to each of us in our own ways.

Academics are not public servants

If an institution represents one side of a partnership, that institution cannot be a “place for everyone”. A Māori student or staff member should be able to say, “I belong here as much as anybody else, with the same rights, opportunities and obligations to contribute to the institution’s culture, values and purpose.”

That includes the right to study and teach te Tiriti with an independence that is not available to public servants.

In 2020, I helped develop “Critical Tiriti Analysis[15]”, a policy evaluation method that could be used to assess public policy consistency with te Tiriti. While anecdotally it seems now to be widely used across the public service, it’s not something likely to have been written by a public servant. The Crown is a cautious Tiriti partner.

Thoroughness and objectivity – but not political caution – guide academic contributions to policy debate. Such contributions are different in style and purpose from the kind of policy making that it is the duty of the public service to undertake.

Universities are not the Crown in the same sense, and this is why they are not Tiriti partners.

References

  1. ^ aspiration (www.otago.ac.nz)
  2. ^ consultation process (thespinoff.co.nz)
  3. ^ waka (maoridictionary.co.nz)
  4. ^ Education and Training Act 2020 (www.legislation.govt.nz)
  5. ^ Explainer: the significance of the Treaty of Waitangi (theconversation.com)
  6. ^ te Tiriti o Waitangi (www.archives.govt.nz)
  7. ^ Massey University says (www.massey.ac.nz)
  8. ^ vice-chancellor (www.aut.ac.nz)
  9. ^ Colonial ideas have kept NZ and Australia in a rut of policy failure. We need policy by Indigenous people, for the people (theconversation.com)
  10. ^ academics are the university (www.legislation.govt.nz)
  11. ^ Supreme Court found (nzhistory.govt.nz)
  12. ^ Putting te Tiriti at the centre of Aotearoa New Zealand’s public policy can strengthen democracy – here's how (theconversation.com)
  13. ^ Treaty principles (www.tpk.govt.nz)
  14. ^ Sharing the Sovereign: recognition, treaties and the state (link.springer.com)
  15. ^ Critical Tiriti Analysis (journals.sagepub.com)

Read more https://theconversation.com/nz-universities-are-not-normal-crown-institutions-they-shouldnt-be-tiriti-led-202037

Times Magazine

Why Social Media Marketing Matters for Businesses in Australia

Today social media is a big part of daily life. All over Australia people use Facebook, Instagram, TikTok , LinkedIn and Twitter to stay connected, share updates and find new ideas. For businesses this means a great chance to reach new customers and...

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

The Times Features

Jetstar announces first ever Brisbane to Rarotonga flights with launch fares from just $249^ one-way

Jetstar will start operating direct flights between Brisbane and Rarotonga, the stunning capital island of the Cook Islands, in May 2026, with launch sale fares available today...

Introducing the SE 2 and Mini hair dryers from Laifen

The Mane Attractions for Professional Styling at Home Without the Price Tag Fast, flawless hair is now possible with the launch of Laifen’s two professional quality hair dryers th...

Home Gym Recovery Routines: What Pro Athletes Do After Workouts

Training is only half the equation. What you do after your workout has just as much impact on your progress, performance, and long-term health. Professional athletes know this, w...

Flipping vs. Holding: Which Investment Strategy Is Right for You?

Are you wondering whether flipping a property or holding onto it is the better investment strategy? The answer isn’t one-size-fits-all. Both strategies have distinct advantages a...

Why Everyone's Talking About Sea Moss - And Should You Try It Too?

Sea moss - a humble marine plant that’s been used for centuries - is making a major comeback in modern wellness circles. And it’s not just a trend. With growing interest from athle...

A Guide to Smarter Real Estate Accounting: What You Might Be Overlooking

Real estate accounting can be a complex terrain, even for experienced investors and property managers. From tracking rental income to managing property expenses, the financial in...