Wrong questions, wrong answers: the rot in the Kohanga Reo

Who's the Kohanga serving? h/t Te Ara.

And the unfortunate becomes the farcical:

The Serious Fraud Office has been asked to investigate allegations of misspending by the commercial arm of kohanga reo, less than 25 hours after Education Minister Hekia Parata put her credibility on the line by promising taxpayers there had been no impropriety.

 

In a humiliating U-turn yesterday, Parata and Maori Affairs Minister Pita Sharples announced the SFO had been asked to investigate after a trustee from the Kohanga Reo National Trust passed on "fresh allegations" of misspending involving subsidiary Te Pataka Ohanga (TPO). 

 

The development followed a shambolic press conference late on Tuesday evening in which Parata said she was satisfied no public money had been spent inappropriately, despite allegations that TPO general manager Lynda Tawhiwhirangi used her work credit card to buy a wedding dress, an $800 Trelise Cooper dress, a 21st birthday gift, and make a $1000 cash withdrawal as koha for a tangi she did not attend

What makes the issue more bizarre is that EY wasn’t instructed or empowered to investigate the original claims. The Dominion Post details some of the claims in the paragraph above, but others were omitted. For example, why did Te Pataka Ohanga give low interest loans to Kohanga Reo board members?

 

 Parata and Sharples insisted that the Kohanga Reo National Trust purchases services from Te Pataka Ohanga – a subsidiary of the trust. The argument goes something like this: the relationship between the trust and its subsidiary is private and cannot warrant public scrutiny. But that reasoning is artificial. 

 

The trust and their supporters can create academic distinctions, but it doesn’t change the nature of the trust and its operations. The trust might fall outside of the core public service, but it’s performing a public function. Public organisations must be subject to public scrutiny. 

 

That seems obvious and it leads to a series of questions:

 

• Why was EY not permitted to investigate the original claims? When the story broke the Prime Minister offered assurances that if there was “inappropriate behaviour” then persons concerned would “have the book thrown at them”. The review appeared to sidestep the “inappropriate behaviour” and “the book” seems to be a referral. The Auditor-General was probably the better investigator; 
• Also, what new information prompted the referral to the Serious Fraud Office and the Department of Internal Affairs? It seems more likely that the Prime Minister’s office prompted the referral. The issue threatened coverage of Key’s trip to China and might’ve damaged the government’s credibility. There’s no reason for a National government to die in a ditch over a Maori organisation; 
• Lastly, what’s Parata and Sharples connection to board members? It could be their personal relationships that lead them to protect the board. If you pick apart the fabric of Maori society you'll find important seams that connect and overlap.  

 

The behaviour of the board and its subsidiary has been dreadful. Perhaps it’s the predictable effect of lifetime appointments. But I think it goes deeper. There’s a rot in Maori governance. From poor governance at Maori TV to the Kohanga Reo board, Maori aren’t being served. 

 

Would a rational and skilled board re-attempt to appoint Paora Maxwell after the staff revolt? Clearly the board didn’t consider rudimentary factors like workplace culture and staff satisfaction. Would a rational and skilled board sanction a $50,000 koha to a board member? That’s more than triple the median income for Maori. I’ll tell you what kind of board would – one that isn't fit for the job.

 

How not to manage a crisis: why the Kohanga Board must resign

The first Kohanga Reo with Sir Eddie Durie and Paul Temm QC

Consider this: in 2012 the Waitangi Tribunal held that the government must provide "funding for property maintenance and upgrades to avoid the exposing 3,000 mokopuna to the possibility of losing their kohanga reo buildings". The head of Te Taura Whiri, Glenis Philip-Barbara, says that Kohanga are running "on the sniff of an oily rag". According to Native Affairs the number of kohanga have gone from over 800 at the movement's peak to a little over 400 today.

And compare that against this: in 2011 Lynda Tawhiwhirangi purchased a wedding dress for her daughter and in 2012 she purchased a Trelise Cooper dress. Tawhiwhirangi also purchased "a 21st present for a woman who was in a relationship with one of [her] son's and had carried out work experience at the trust" Over a number of years withdrawals were made that included $1000 for a hui that wasn't attended. Native also revealed that "$129,000 [was] given out by the trust in koha... that wasn't receipted or tracked". All the while the whanau at the coal face went and are going without.

This is a breach of trust and a breach of ethics. Public money demands a greater standard of care. In the last financial year the trust received $80m in taxpayer funding. The Prime Minister told Firstline that "this is taxpayers' money. It needs to be spent appropriately and if it's inappropriate behaviour then they'll have the book thrown at them." And he's in the right. Public money demands public accountability.

But the aspect that grates is that while Lynda Tawhiwhirangi and Dame Iritana Tawhiwhirangi were using their trust credit cards for excessive and luxurious spending - the whanau at the flaxroot were going without. There's also an element of hypocrisy: the kohanga themselves have to follow strict accounting practices, but the same doesn't seem to be expected of some trustees and directors.

But to be fair most of the money was eventually paid back. Most. It's important not to lose sight of that in the heat. Dame Iritana is a titan of the movement too. A laspe of judgement can be forgiven. But is anyone else uncomfortable in that a pattern appears to have emerged?

The crisis provides a useful case study in what not to do when the temperature is up. Don't take defamation proceedings. That turned the anticipation-dial hot and gave the story legs of its own. Don't go to ground. That means speculation will run rife. Apologise - the issue might be cooled. If not, resign. The media and the public need a get. But on a moral level, an honour code demands a resignation.

I worry that if an independent investigation uncovers more inappropriate spending then that is an invitation for non-Maori to sort the issue. The solution will be (I imagine) greater integration with the Ministry of Education and early childhood education. I don't think that's the right approach. The trend is towards devolution (Whanau Ora, Charter Schools etc) rather than reintegration. An independent Maori organisation is better equipped to deal with Maori education. Centralised and state-led Maori education failed in the 20th century.

But the New Public Management Model created the beast. Devolving public functions to a myriad of semi-private organisations was a mistake. Devolution is justified on efficiency grounds, but many aspects of public accountability are lost. The government can also wash its hands of responsibility. The trust isn't part of the core public service nor even the wider public service.

The trust has to sort itself. If it doesn't, others will. The best way to sort itself out? Resign. Hold an election. The worst option is if the government is forced to intervene and break up the Kohanga board and remake the structure. There'll be all sorts of collateral damage in that possibility.

Kohanga hearing begins

Late last year the Kohanga Reo Trust lodged an urgent claim with the Waitangi Tribunal. The claim alleged that the Crown, or more accurately the Ministry of Education (MOE), was guilty of discriminating against Kohanga. The claim argues, among other things, that Kohanga should not be classed as early childhood centres (ECC) and separate legislation should be created to separate Kohanga from the MOE.

The hearing into the claim opened on Monday. As far as I’m concerned, the Trust is in the right. Kohanga should not be classed as ECCs. They were never intended to operate as ECCs and, in fact, do not operate as ECCs. Kohanga aren’t babysitting clinics or, strictly speaking, education centres - Kohanga are language incubators.

When defined as an ECC Kohanga are unable to operate according to tikanga. For example, if the kohanga is located on a Marae it must be fenced off and separated from the main complex. This is inconsistent with the spirit in which Kohanga were created and, as I said, tikanga Maori. And this is the central issue; the rules that straddle ECCs do not take into account Maori cultural needs.

As such, the Trust and their supporters are arguing for new legislation that will separate Kohanga from the MOE. I don’t know if this is entirely necessary, but the logic behind the call is clear. Rather than create a new act, the MOE could create a new category that would treat kohanga as autonomous entities with separate regulations governing their operation. However, I understand that there’s resistance to this idea. Under the MOE kohanga received funding increases 200% less than mainstream early childhood education centres and the number of kohanga have halved. This is a source of considerable tension.

I’ve no idea what way the Tribunal will fall. But for what it’s worth the Trust has engaged Chen Palmer and, from what I’ve seen, I think the Trust has a strong case. The Trust will continue to present their arguments this week and the Crown will respond next week. I’ll keep you updated.

Kohanga Hikoi

On my way to Law School yesterday I bumped into the Kohanga Reo hikoi moving from the Cenotaph, just outside of the grounds of Parliament, towards the Waitangi Tribunal Office on the Terrace. From 3 News:

An urgent claim to the Waitangi Tribunal today is alleging discrimination against Te Kohanga Reo.

Protesters say Te Kohanga Reo needs to be left in the hands of Maori, after years of bumping heads with the Ministry of Education.

They say Kohanga should no longer come under the control of the ministry and be given statutory recognition as an independent and stand-alone initiative.

Kohanga Reo are defined as early childhood centres (ECC), although they were never intended to operate as such and, for all intents and purposes, do not operate as such. The crux of the issue is that Kohanga are unable to operate according to tikanga while defined as ECC. It appears that regulations governing the operation of ECC’s prevent Kohanga from operating as intended. For example, kaumatua who are not registered and qualified teachers do not receive pay from the Ministry of Education and Kohanga must be fenced off from the Marae.

The claim is calling for an independent body to govern and administer the Kohanga Reo initiative. I’m not sure whether this is entirely necessary, but the logic behind it is clear. In my opinion, rather than create a new body Kohanga should be treated as separate entities with appropriate regulations governing their operation.

I’ll close this post with a few observations from the hikoi:

·         Police presence was low in comparison with the MCA act hikoi. Most of the cops were Maori and Maori Wardens were used as well. 

·         3 News estimated the hikoi to be 1200 strong. At the Cenotaph I estimated only about 300 – I’m not sure where the other 900 came from. 

·         I only spotted Hone Harawira and Parekura Horomia at the Cenotaph. Maybe I missed the Greens and Maori Party, but it is recess week so I wouldn’t be surprised if the Greens and Maori Party could not send MP’s. 

·         The hikoi was loud but composed and the waiata were beautiful.   

·         The claimants have engaged Mai Chen, New Zealand’s top public lawyer.