Te Kura Kaupapa Maori o te Whanau Tahi, based in Christchurch, has been waiting more than a decade for their dilapidated mouldy and leaky school to be rebuilt.

The school was told by the Ministry of Education a rebuild would happen. But in June ministry officials then told them it would not happen due to having "no money" because of the pandemic.

The ministry has since apologised for that inaccurate and inconsistent information and says all options are still on the table. Read more

Late on Tuesday Judge Pheroze Jagose granted the bishop an order to the protesters to leave the land and remove their property within 48 hours.

However, he declined a request by the church's lawyer for a further order authorising police to use force if necessary to evict the protest group.

But when RNZ visited the site on Thursday afternoon around 10 people were gathered beside their cars.

While they declined to comment they said staff from the Diocese had been to visit and they had packed up their things.

As the deadline came around a small procession of cars left the site, leaving the site empty except for their painted signs and flags.

The protest group, which said it represents the two Ngati Paoa families that occupied the land before it was acquired by the Crown in the 1840s, has been living at the college marae since mid-August, before the college closed officially on August 31.

The two families said they were "repossessing" the land because the church is no longer using it for the purposes for which Governor George Grey granted it in 1850.

Grey granted the land to the Catholic Church in 1850 "for the education of children of our subjects of both races and of children of other poor and destitute persons being the inhabitants of the islands in the Pacific Ocean."

A spokesperson for the Catholic Diocese said it was a good outcome and they hoped they could now get on with looking at other opportunities for the site with a number of educational offers already put forward.

Source

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They say they are disappointed that the Catholic Diocese of Auckland does not recognise their legality.

"We absolutely reject this unfortunate claim made by the Diocese," said chairman Murray Painting.

The Trust has 12 board members, made up of whanau and bishops' representatives.

It is is a separate entity to Hato Petera College Board of Trustees.

"A Hui a Whanau was held on 22 November 2015 as the trust had been operating without a quorum due to a number of resignations, so took the necessary steps in accordance with the constitution to add trustees so the Whanau Trust Board could once again conduct its business," Painting said.

"The appointment of new trustees was duly carried out and is now ready to fulfil its responsibilities."

"These responsibilities include commencing immediate discussions with the Ministry of Education because they manage the hostel licence."

Painting said that they believed the Ministry of Education was not informed by the Diocese of the closure before it was announced back in October.

"This is unusual behaviour particularly when there is an Integration Agreement between these parties." he said.

In August the Ministry warned that the Hostel licence could be cancelled.

While the ministry doesn't have oversight of school hostels, it is responsible for their licensing and in extreme circumstances it can be cancelled.

The Ministry gave the Trust until December to complete the repairs.

They also asked the Board to address staffing, security and student supervision concerns.

In his press release Painting says "If the concerns of the Diocese regarding the safety and suitability of the boarding hostel are eliminated by the proposed renovation project that is due to start next week, we urge the Diocese to talk to us so that together we can plan continued boarding and a successful school for 2016 and beyond."

"A large pool of 240 volunteers including master builders, electricians, plumbers, interior designers and others have offered their time, skills and materials at no cost to the diocese to bring the buildings up to standard in time for the commencement of the 2016 school year."

Painting has accused the diocese of withholding the financials on which the claims of the insolvency of the Trust Board are based.

He says that based on the draft accounts they have been able to access, there are questions needing to be answered.

"We have prepared a new budget that shows the boarding hostels can operate on a balanced financial footing for 2016 at even the current low level of student enrolment."

He said the difficulties are the result of mismanagement that the diocese permitted to continue up until the reconstruction of the trust board membership.

The diocese, in response to requests by Hato Petera College whanau, set up the Te Whanau o Hato Petera Trust over 20 years ago.

The trust deed gives Te Whanau o Hato Petera Trust total responsibility for the land, buildings.

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The facilities are owned by the Catholic Diocese of Auckland, and it has confirmed that the boarding hostels will not be available in 2016.

The diocese says it was surprised by a press release signed by Murray Painting, announcing that they were reopening.

It says the group represent themselves as board members of Te Whanau o Hato Petera Trust, and that legal advice received is that this new group of Trustees is not legally constituted.

The Diocese is unable to officially recognise this group as trustees, and continues to work with the trustees appointed as Executive of the previous board.

The Diocese made the following comments:

• The media statement was released without prior communication to the Diocese of the intentions of those who issued it.
• The stated intention in the media release by Murray Painting to re-open the boarding facilities for Hato Petera College in 2016 has not been accepted or agreed to by the Diocese.
• Work is currently being undertaken to dissolve the Te Whanau of Hato Petera Trust for reasons of insolvency.
• Te Whanau o Hato Petera Trustees are legally liable for all debt incurred.
• The Diocese has worked with the previous trustees to protect them, by providing financial assistance to pay off the debt, but will not do so again.
• The hostel was kept open in Term 4 for Year 11-13 students so that they were able to complete their NCEA exams.
• The hostel was only able to operate in Term 4 because of the financial assistance from the Diocese.
• The lease agreement with the Te Whanau o Hato Petera Trust is due to be terminated because of the Trust's failure over an extended period of time to adequately maintain the facilities.

The Diocese says it gave a group, led by Sir Toby Curtis, an option of presenting a submission to set up a separate entity to operate the boarding facilities for Hato Petera College, which would provide a safe environment for students, and which showed that the proposal was going to be financial sustainable.

The due date for the submission was 7 December 2015.

No submission has been received. Rather the Diocese was informed on the 7 December that the new Trust group has been delegated responsibility for preparing the submission.

A request for extension of time for the submission has been declined by the Diocese.

The diocese has expressed gratitude to the Ministry of Education for the work they have already undertaken to assist whanau to find alternative educational facilities for those students who are unable to attend Hato Petera College as a day student in 2016.

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A statement by Murray Painting has expressed optimism about the school's future.

News reports have been confused. Some have referred to Painting as the newly elected Chairman of the Board of Trustees. It seems however that he is the chair of Te Whanau o Hato Petera Trust.

Hato Petera College has two boards.

One is the Whanau Hato Petera Trust, which is responsible for the dorms and the lease of the land.

The other is the Board of Trustees, which is responsible for education.

The Whanau Hato Petera Trust does not come directly under the authority of the Ministry of Education.

"The trust wishes to advise the parents, students and staff that the boarding facilities will be open and we look forward to welcoming them at the commencement of the school year in 2016," Painting said.

"With the refreshing of the governance team of the Trust, we are determined to meet this challenge head on."

"We look forward to opening in 2016 with a student body that will benefit from the renewed energy and determination that the Trust has to create a centre of pastoral care second to none with access to a centre of educational excellence."

In October Te Whanau o Hato Petera Trust and the Catholic Diocese of Auckland announced the closure of boarding facilities at Hato Petera.

The Trust said it has serious financial issues and this will only become worse because of the financial costs associated with the facilities.

It said that "the current operating model for the hostel does not adequately meet the needs of our students."

On Monday Painting said the Trust looks forward to a fruitful and productive relationship with the bishop and the diocese.

"The Auckland Catholic Diocese has always played an important role in the life of Hato Petera College."

"Hato Petera has been the jewel in its crown as far as the secondary school education of Maori students in the diocese is concerned."

"The Takapuna land grant deed vested in the diocese for educational purposes by the then governor Sir George Grey has been the site of Hato Petera since its inception."

"Hato Petera has been the jewel in its crown as far as the secondary school education of Maori students in the diocese is concerned."

Source

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• maoritelevision.com
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In signing the Trust Deed Te Whanau o Hato Petera Trust accepted total responsibility for the land, buildings and operations of the Trust and a 20 year lease of the land comprising the boarding facilities was agreed upon.

This week the diocese has announced that boarding facilities for students at Hato Petera College will not be available in 2016.

They say the decision was not taken lightly, and was made in the best interest of the students.

The diocese says the current operating model for the hostel no longer adequately meets the needs of students.

The school will continue to operate for day students.

In a press release the diocese provided some historical and background information that they hope may assist to place their decision into context.

The diocese says that as a consequence of a continual breach of the Trust Deed over the 20 year term of the lease, they did not renew the lease agreement in 2014 for a further 20 year period.

Instead a 5 year rolling lease arrangement was offered.

Initially this offer was not accepted.

The lease agreement was only formalized when Dr Lance O'Sullivan took over as co-chair of the Trust.

If this had not occurred, the Ministry of Education hostel license would have been terminated.

The decision to close the hostel facilities in 2016 has been made for the following reasons:

• Only very minor maintenance has occurred on the buildings over the past 20 years and consequently some of the buildings are no longer suitable to accommodate students and significant work and investment is required to bring the facilities up to a standard that the students deserve.
• The Trust has serious financial issues and these will only become worse because of the financial costs associated with the facilities. The hostel has only been able to operate for Year 11, 12 and 13 students in Term 4, 2015, because of financial assistance from the Catholic Diocese of Auckland.
• The original concept of the hostel being run as noho whanau units, where a Catholic Maori couple provided a supportive family environment and truly provided care, advice and guidance for their students, gave real strength to boarding. The organisation of the hostel has changed dramatically over the last few years and the hostel now operates very differently. The concept of a family who pray and who eat together has been lost.

Over the last few months the Diocese has appreciated the open and honest communication that has occurred with the Trust Board.

They say real efforts have been made to truly honour the agreement of the Trust Deed and to cater effectively for the needs of the students in the boarding facilities and to address outstanding and essential maintenance on the buildings.

"Regrettably this outstanding contribution by the Trust Board has come too late."

In looking to the future the Diocese is in the process of setting up a review team who will be charged with the task of undertaking a review of Catholic Maori education for secondary aged students within the Auckland Diocese.

At 1 July 2015 there were 1,216 Maori students attending the 16 Catholic Secondary schools within the Diocese of whom 84 were at Hato Petera College.

It will only be once the recommendations from the review panel are received and considered that the Diocese will be able to make any statements about Catholic Maori secondary education in the Auckland Diocese and what further options may be available for ongoing sustainable boarding facilities.

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That prompted Minister of Maori Development Te Ururoa Flavell to criticise the churches for not fulfilling their obligations by upgrading Maori schools and making a bigger financial contribution.

But the Anglican church's Te Aute Trust Board chairman Stephen Jacobi said Mr Flavell has got it wrong.

"Rather than just criticising the churches for not doing enough, the government needs to be a partner in working out what the future of these schools is." Continue reading

There are six remaining Maori boarding schools, including three owned by the Catholic Church: Hato Paora in Feilding, Hato Petera in Auckland and St Joseph's in Napier.

"If they really want those schools to flourish they've got to kick in with some financial contribution, can't leave it to the state because the state is actually providing the resource to allow the teaching of education to happen," Flavell says.

"The boarding element has always been at the heart of all the issues and that's their downfall."

"They have not supported and fulfilled their obligation to those schools by not upgrading the facilities that are sorely needed and created a good, positive working environment with the board of trustees," Flavell said.

Flavell said, if the churches wanted the schools to flourish, they had to make more of a financial contribution - and the best case scenario was that the churches would get far more heavily involved.

"[To] ensure their commitment to [the] ongoing education of Maori people that they've had the privilege of having under their auspices for the last 100-plus years."

"Those schools have huge history and the church[es] set them up for a particular purpose."

"Flavell said he had spoken to church representatives in the past about all of the Maori boarding schools, and they were aware of the issues."

"That's a discussion they're having internally and I understand there's even internal conflict - if you want to put it that way - between those who are actually clergy and the church in the wider sense about their contributions to Maori education."

A Maori Boarding Schools Summit hosted by the board of proprietors of Turakina Maori Girls' College will take place on 5 and 6 November in Wellington to discuss the contribution of the kura to nation-building.

Flavell was speaking after it was announced that an interim decision has been made to close Marton's Turakina Maori Girls boarding school at the end of this year.

Education Minister Hekia Parata said the issues facing Turakina were not new, and other Maori faith-based boarding schools have faced the same challenges as Turakina has.

Parata says the issues are, "costs of maintaining the premises, the attracting of a viable roll so that a wide and rich curriculum can be offered to the students."

She says, "The Maori boarding schools model is all under the State Integrated Act, so these are faith-based schools, which means that the churches are the owners of the boarding schools and therefore have the responsibilities of maintaining them, and they face challenges as well, so in that sense they're no-one's fault."

"I guess I'm saying, it is 2015, there are more choices available to parents and they are making those choices."

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Professor Whatarangi Winiata, who established the tertiary institution Te Wananga o Raukawa, is responsible for a motion asking that 50 per cent of the St John's College Trust Board's assets be put under the control of Te Pihopatanga o Aotearoa - the Maori partner and one of the three arms of the church.

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