Commission says polytechnic proposal misguided

The Human Rights Commission supports plans to improve the governance of polytechnics in NZ but says proposed new legislation will not achieve this and potentially threatens academic freedom.

“We support the intention to improve governance at polytechnics but question whether this is the way to achieve that goal,” said Equal Employment Opportunities Commissioner Dr Judy McGregor presenting the Commission’s submission to the Education and Science Select Committee last month.

Dr McGregor said better governance came from ensuring adequate and effective representation from the communities polytechnics serve. However the proposals in the Education (Polytechnics) Amendment Bill would reduce representation from local communities.

Dr McGregor said, “We are concerned both at specific provisions and the cumulative effect that will substantially reduce community and staff input. This poses a potential risk to the academic freedom and autonomy of polytechnics.”

The Commission is concerned at the impact of the proposed changes including:

• reducing the size of polytechnic councils to eight representatives (from 12-20 with a current average across the 20 polytechnics of 15 members).

• removing all representatives of general staff, employers groups, employees groups or relevant professional bodies.

• limiting student reps to one (from up to three).

• shortening the terms of academic and community members which is contrary to the objective of improving governance capability.

• removing a polytechnic council’s right to appoint its chair and deputy chair and the limitations on who can chair.

• giving the Tertiary Education Minister the power to dismiss the chair and deputy chair without having to provide reasons and the new power to remove any council member except the chief executive for “just cause” which is not specified.

• allowing ministerial appointees to sit on more than one council.

Dr McGregor said the Commission could not understand the provision to exclude business and industry representatives given the necessary professional and vocational links between polytechnics and regional economies.

The Commission recommended that the Select Committee review the reduction in size of Polytechnic councils and stated that for effective government there needs to be:

• increased community representation to acknowledge multi campus polytechnics and urban and rural differences.

• provision for representation of business and industry.

• representation that allows polytechnics to fulfil their statutory duty in s 181 of the Education Act, “to acknowledge the principles of the Treaty of Waitangi”.

• representation that allows polytechnics the “greatest participation by the communities served by the institution so as to maximise the educational potential of all members of the communities with particular emphasis on those groups and those communities that are under-represented”, (Education Act).

• representation for academics and students that acknowledges the statutory duty of polytechnics to ensure the wellbeing of students and the interests of academic staff.