Reprint as at 19 May 2017

Coat of Arms of New Zealand

Education Act 1964

Public Act
 
1964 No 135
Date of assent
 
4 December 1964
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Education.

Contents

Title
1Short Title and commencement
2Interpretation
[Repealed]
[Repealed]
3Department of Education [Repealed]
4Minister of Education [Repealed]
4AAdvisory and technical committees [Repealed]
5Delegation of Minister’s powers [Repealed]
6Director-General of Education [Repealed]
7Appointment of other officers [Repealed]
8Delegation of Director-General’s powers [Repealed]
8ADirector-General may appoint advisory and technical committees [Repealed]
9Expenses of administration be appropriated by Parliament [Repealed]
9APayment of fees by private foreign students in certain cases [Repealed]
[Repealed]
[Repealed]
10Education districts [Repealed]
11Education Districts Boundaries Commissioner [Repealed]
12Constitution of new education districts [Repealed]
13Alteration of boundaries of education districts [Repealed]
14Division of districts into wards [Repealed]
[Repealed]
15Constitution of education boards [Repealed]
16Appointment of Commission to act as education board of new district [Repealed]
17Qualification of members of board [Repealed]
18Disqualification of members of boards [Repealed]
19Extraordinary vacancies on boards [Repealed]
20Acts of board not to be questioned for informality, etc [Repealed]
21Boards incorporated [Repealed]
22Board employees [Repealed]
23Meetings of boards [Repealed]
24Annual allowances to chairmen of education boards [Repealed]
25Refund of members’ travelling expenses [Repealed]
26General powers and duties of board [Repealed]
27Borrowing powers of education boards [Repealed]
28Board may insure members and pay subscriptions to Education Boards’ Association [Repealed]
29Board may establish special committees [Repealed]
[Repealed]
30Board fund [Repealed]
31Education Board Account [Repealed]
32Board may establish imprest accounts [Repealed]
33Procedure for payment by education boards of salaries and allowances to teachers [Repealed]
34Disposal of funds of board [Repealed]
35Accounts to be kept [Repealed]
36Board to forward annual report to Minister [Repealed]
37Unauthorised expenditure of education boards [Repealed]
[Repealed]
38School districts [Repealed]
39School committees [Repealed]
40School committees of normal schools [Repealed]
41Committees for intermediate schools [Repealed]
42Qualification of members of school committees [Repealed]
43Meetings of committees [Repealed]
44Committee failing to meet to cease to exist [Repealed]
45Appearance in legal proceedings [Repealed]
46Committee to have management of schools, etc [Repealed]
47School fund and property [Repealed]
48Audit of committee’s accounts [Repealed]
49Committee to forward annual report to board [Repealed]
49ABoard of studies [Repealed]
[Repealed]
50Governing bodies of certain secondary schools [Repealed]
51Governing bodies of other secondary schools [Repealed]
51ATeachers’ representatives on boards of governors [Repealed]
51BRepresentatives of proprietors of integrated schools on controlling authorities [Repealed]
51CQualification of members of secondary school board [Repealed]
52Appointment and election of members [Repealed]
53Certain secondary schools not placed under separate boards of governors [Repealed]
54Change in control of secondary schools to provide separate boards of governors [Repealed]
55Vesting of assets on change in control [Repealed]
56Governing bodies of secondary schools incorporated [Repealed]
57Control of groups of secondary schools [Repealed]
57A Minister may require secondary schools council to undertake control of secondary school [Repealed]
58Control and management of district high schools [Repealed]
59Control of secondary schools [Repealed]
60Insurance of members of governing body and refund of members’ travelling expenses [Repealed]
60ARemuneration and conditions of employment of staff of governing body [Repealed]
61General powers of governing bodies of secondary schools [Repealed]
61AGoverning bodies of secondary schools may appoint special committees [Repealed]
62General borrowing powers of governing bodies of secondary schools [Repealed]
63Accounts and audit [Repealed]
64Annual reports as to secondary schools [Repealed]
65Grants to governing bodies of secondary schools [Repealed]
66General expenses [Repealed]
67Unauthorised expenditure of governing bodies of secondary schools [Repealed]
[Repealed]
67AInterpretation of term council [Repealed]
67BTeachers colleges to be controlled by councils [Repealed]
67CCouncils to be bodies corporate [Repealed]
67DTransfer of control of teachers college from one council to another [Repealed]
67EMembership of teachers college councils [Repealed]
67FIncapacity for appointment [Repealed]
67GExtraordinary vacancies on councils [Repealed]
67HTerms of office of members [Repealed]
67IPower of councils unaffected [Repealed]
67JGeneral powers of teachers college councils [Repealed]
67KCertain councils may establish committees of members including representatives [Repealed]
67LCouncils may establish special committees [Repealed]
67MGeneral borrowing powers of councils [Repealed]
67NTravelling allowances and expenses [Repealed]
67OKeeping and auditing accounts [Repealed]
67PGrants to councils of teachers colleges [Repealed]
67QUnauthorised expenditure of councils [Repealed]
67RFees payable to associations of students [Repealed]
67SRegulations [Repealed]
67SAFees for domestic teachers college students [Repealed]
67TAppeals against selection in certain cases [Repealed]
[Repealed]
68Governing bodies of certain technical institutes [Repealed]
69Technical institutes and community colleges to be placed under boards of governors [Repealed]
69AASections to apply to technical institutes and community colleges [Repealed]
69ABInsurance of members of governing body of specialist institution and refund of members’ travelling expenses [Repealed]
69ACGeneral powers of governing bodies of specialist institutions [Repealed]
69ADGoverning bodies of specialist institutions may appoint special committees [Repealed]
69AEAccounts and audit [Repealed]
69AFAnnual reports as to specialist institutions [Repealed]
69AGGrants to governing bodies of specialist institutions [Repealed]
69AHGeneral expenses of specialist institutions [Repealed]
69AIUnauthorised expenditure of governing bodies of specialist institutions [Repealed]
69AJSpecialist institutions may provide closed courses [Repealed]
69AKSpecialist institutions may provide courses in other premises [Repealed]
69ALSpecialist institutions may award diplomas [Repealed]
69AFees payable to associations of students [Repealed]
69BAccounting, payment, and other administrative services [Repealed]
[Repealed]
70Provision of pre-school education [Repealed]
70ALoans for pre-school education [Repealed]
70BRecognition of institutions providing pre-school education [Repealed]
70CFamily day care organisations [Repealed]
70DChild care premises, etc [Repealed]
70ERight of entry to child care premises [Repealed]
71Schools for primary education [Repealed]
72Normal schools and model schools [Repealed]
73Intermediate schools and departments [Repealed]
74Selection of contributing schools [Repealed]
75Organisation and conduct of State primary schools and intermediate departments of secondary schools [Repealed]
76Regulations [Repealed]
77Teaching in State primary schools must be secular
78Religious instruction and observances in State primary schools
78A
79Attendance at religious instruction or observances not compulsory
80Teachers may be freed from duties to take part in religious instruction or observances
81Schools other than public schools not affected
[Repealed]
82Saving of schools already established [Repealed]
83Secondary schools [Repealed]
84Courses of study in secondary schools [Repealed]
85Free education in secondary schools [Repealed]
86Composite schools [Repealed]
87Regulations relating to composite schools
88Certain provisions to apply to composite schools [Repealed]
89Saving of technical institutes already established
90Establishment and disestablishment of technical institutes and community colleges [Repealed]
90ATechnical institutes may be declared to be community colleges [Repealed]
90BRevesting land [Repealed]
90CCorrespondence school may be declared technical institute [Repealed]
90DFunctions of technical institutes and community colleges [Repealed]
91Recognition of classes or courses in continuing education
92Revocation of recognition of classes or courses
93Free continuing education [Repealed]
94Fees for continuing education for domestic students [Repealed]
95Report on continuing education
96Correspondence schools and classes for continuing education [Repealed]
96ASenior Technical Divisions [Repealed]
97Administration of continuing education [Repealed]
97AContinuing education organisations
98Special schools and classes
99Other special classes or services providing special education [Repealed]
100Administration of special education [Repealed]
[Repealed]
101Maori schools [Repealed]
102Control of Maori schools [Repealed]
102AChange of control of Maori school [Repealed]
[Repealed]
103Chatham Islands schools [Repealed]
104Management and control of Chatham Islands schools [Repealed]
[Repealed]
105Correspondence schools and classes [Repealed]
[Repealed]
105ASchool classes may be held at school camps [Repealed]
105BRegulations relating to school camps [Repealed]
[Repealed]
105CParents to be consulted on treatment of health syllabus [Repealed]
105DParents and guardians may require students to be excluded from health education classes [Repealed]
[Repealed]
106Establishment of teachers colleges [Repealed]
[Repealed]
106ASchools controlled by Director-General [Repealed]
106BRegulations for schools under control of Director-General [Repealed]
107Regulations [Repealed]
[Repealed]
107AEstablishment of education centres [Repealed]
107BCentres to have controlling authorities [Repealed]
107CGeneral powers of education centre councils [Repealed]
[Repealed]
[Repealed]
108Children enrolled at State primary schools to be of school age [Repealed]
109Every child between 6 and 15 years of age to be enrolled [Repealed]
110Enrolment with correspondence school [Repealed]
111Certificate of exemption from enrolment [Repealed]
112Exemption from enrolment by Director-General [Repealed]
113Ascertainment of suitability of education of certain children [Repealed]
114Compulsory enrolment in special school, etc, of certain children [Repealed]
115Director-General may in certain circumstances direct that a child be sent to special school, etc [Repealed]
116Penalty for failure to enrol child [Repealed]
117Every child required to be enrolled must attend school [Repealed]
117AWork exploration schemes [Repealed]
118Certificate of exemption from attendance [Repealed]
119Director-General may require certain children exempted from attendance to enrol at correspondence school [Repealed]
120Penalty for irregular attendance at school [Repealed]
121Employment of children of school age [Repealed]
122Parents not to permit employment of children of school age [Repealed]
123Appointment of attendance officers [Repealed]
124Hearing of proceedings [Repealed]
125Evidence of school roll, etc [Repealed]
126Onus of proof on parents [Repealed]
127Fines to be paid into school or board funds [Repealed]
128Maori and Chatham Islands schools [Repealed]
129Limitations on enrolment at State primary schools [Repealed]
129AEnrolment schemes for secondary schools [Repealed]
129BStudents to have access to reasonably convenient accommodation [Repealed]
129CTerms and holidays [Repealed]
[Repealed]
130Suspension of pupils [Repealed]
130ANotification of suspension [Repealed]
130BSuspension for specified period [Repealed]
130CSuspension of pupil under 15 for unspecified period [Repealed]
130DSuspension of pupil over 15 for unspecified period [Repealed]
130DAAttendance at other schools of suspended or expelled pupils [Repealed]
130EDelegation of powers of boards and governing bodies [Repealed]
130FSuspension or expulsion of pupils from private schools [Repealed]
[Repealed]
131Teachers to be registered [Repealed]
132Teachers Register [Repealed]
133Publication of Register [Repealed]
134Removal of certain names from Register [Repealed]
135Cancellation of registration for misconduct [Repealed]
136Notification of removal of name from Register [Repealed]
[Repealed]
137Appointments committees [Repealed]
138Central Advisory Committee [Repealed]
139Extraordinary vacancies on committees [Repealed]
140Deputies of members [Repealed]
141Members’ travelling expenses [Repealed]
[Repealed]
142Appointments to positions [Repealed]
142ARetraining of teachers [Repealed]
143School committees to be notified of proposed appointments [Repealed]
[Repealed]
144Primary Teachers Appointment Appeal Board [Repealed]
145Provisional appointments [Repealed]
145ARights of appeal [Repealed]
146Notices to teachers with right to appeal [Repealed]
147Notices of appeal, jurisdiction, etc [Repealed]
[Repealed]
148Governing body may appoint teachers or lecturers [Repealed]
149Teachers for special purposes [Repealed]
150Married women as teachers [Repealed]
151Restriction upon elegibility of teachers for appointment [Repealed]
152Proposed transfers of secondary teachers and teachers at composite schools [Repealed]
152AProposed transfer of primary teachers [Repealed]
153Payment of overgrade salaries, etc [Repealed]
154Protection of teachers in certain cases [Repealed]
155Duration of appointment of teacher [Repealed]
156Interpretation [Repealed]
157Disciplinary action where teacher charged with serious offence [Repealed]
158Disciplinary offences [Repealed]
159Steps to be taken where offence alleged [Repealed]
160Notice of imposition of penalty [Repealed]
161Appeals [Repealed]
161AProcedure for alleged offences by certain teachers [Repealed]
162Teachers to take oath of allegiance
163Teachers not to engage in other employment in certain circumstances [Repealed]
164Control of officers of Public Service engaged as teachers [Repealed]
164ATeachers determinations [Repealed]
164BAmending determinations [Repealed]
164CConsolidating determinations [Repealed]
164DConciliation [Repealed]
164EExtent of application of Industrial Conciliation and Arbitration Act 1954 [Repealed]
165Salaries and conditions of employment of teachers [Repealed]
165AAAppeals against selection in certain cases [Repealed]
165AAccounting and payment services for teachers’ salaries [Repealed]
[Repealed]
165BGoverning bodies may make short-term appointments [Repealed]
[Repealed]
165CEducation authorities may appoint staff [Repealed]
165DRegulations relating to appointment of staff by education authorities [Repealed]
[Repealed]
166Interpretation [Repealed]
[Repealed]
167Applications for registration of societies [Repealed]
168Registration and incorporation [Repealed]
169Powers of incorporated societies [Repealed]
170Rules of society [Repealed]
171Effect of resignation of member [Repealed]
172Returns by society [Repealed]
173Restrictions on registration [Repealed]
[Repealed]
174Court of Appeal [Repealed]
175Rights of appeal [Repealed]
176Appearance of parties [Repealed]
177When teachers deemed to be dismissed [Repealed]
178Decision of court [Repealed]
179Effect of decision in favour of appellant [Repealed]
180Costs [Repealed]
181Effect of non-attendance of members of court [Repealed]
182Procedure on appeals [Repealed]
[Repealed]
183Inspection of schools [Repealed]
184Inspection of technical institutes, teachers colleges, and community colleges [Repealed]
184AInspection of pre-school institutions [Repealed]
185Schools to be open for inspection [Repealed]
185AInspection by the Director-General of school accounts [Repealed]
186Registration and inspection of private schools [Repealed]
186ARegistration and inspection of courses of study at private colleges [Repealed]
187Exemptions from taxation
188Exemptions from rating [Repealed]
189Trustees of school may agree to place it under control of board [Repealed]
190Vesting of assets of school placed under control of board [Repealed]
191Controlling authority of a school or other educational institution may receive property for foundation of scholarships [Repealed]
192Assistance to registered private schools [Repealed]
192AResearch [Repealed]
193Bursaries, scholarships, etc [Repealed]
193AATertiary Assistance Grants Appeal Authority [Repealed]
193ABProcedure to be prescribed [Repealed]
193AGuidance and counselling of pupils [Repealed]
193BForbidding attendance of pupil on grounds of want of cleanliness or suspicion of communicable disease [Repealed]
194Temporary or permanent closing of schools and institutions in cases of emergency [Repealed]
195Wilful disturbance of school [Repealed]
196Certificates as to education [Repealed]
196ASchool certificate examination [Repealed]
197Bonds for entry to teaching [Repealed]
198Right of head teachers and principals to attend meetings of school committees and school governing bodies [Repealed]
199Occupation of teacher’s house [Repealed]
200Teacher refusing to give up a teacher’s house on demand [Repealed]
201Establishment of community centres [Repealed]
201AInterpretation of sections 201B to 201D [Repealed]
201BTransport assistance provided by Director-General [Repealed]
201CDelegation by Director-General of his powers and functions in relation to school transport assistance [Repealed]
201DRegulations for school transport assistance [Repealed]
201EGiving notice [Repealed]
202Annual report [Repealed]
203Regulations [Repealed]
203ABuilding Act 1991 [Repealed]
204Repeals and amendment [Repealed]
[Repealed]
Reprint notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to the education of the people of New Zealand

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).