2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9 of the Education Act 1989

Chief Review Officer means the chief executive of the Education Review Office

community college means an educational institution established under Part 3 to provide continuing education and related advisory and guidance services, and other educational services designed to meet the particular circumstances of the local community

composite school means a State school that provides primary education and secondary education

continuing education means education, including vocational education, provided for persons who are no longer required to attend school under the provisions of this Act, and who are not, unless otherwise expressly provided for by this Act, enrolled as pupils in any secondary school or department; but does not include education at a university or university college of agriculture or teachers college

contributing school means a State primary school that is for the time being established under this Act without provision for classes for pupils of forms 1 and 2 or either of those forms

Department means the Ministry of Education

Director-General means the chief executive of the Ministry of Education

Disciplinary Board means the Teachers’ Disciplinary Board established by section 158A

disciplinary offence means a disciplinary offence specified in section 158(1)

domestic student, at any time, means a person who is then—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009; or

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not foreign students

education authority means a body that is an education board, the governing body of a secondary school, technical institute, or community college, a secondary schools council, a teachers college council, or a body declared to be an education authority by the Governor-General by Order in Council

education centre means an education centre established under section 107A(1)

education centre council means an education centre council constituted under section 107B(2)

employing authority, in relation to any teacher, means the education board, board of governors, or other body or person, that controls the kindergarten, school, institute, or college, in which the teacher is employed

foreign student, at any time, means a person who is not then a domestic student

former Education Act means the Education Act 1914 and its amendments, or any Act thereby repealed, or any Act or Ordinance repealed by any such last-mentioned Act or by any former Education Act

intermediate department means a department or division, attached to a secondary school or a district high school, to which are admitted, from 1 or more State primary schools, pupils who belong to the senior division

intermediate school means a State primary school to which are admitted, from 1 or more other State primary schools, pupils who belong to the senior division

kindergarten means a school or institution providing pre-school education and recognised as a kindergarten in accordance with regulations made under this Act

kindergarten teacher means any person engaged in teaching in a kindergarten

kindergarten trainee means any person attending a kindergarten training centre for the purpose of being trained as a kindergarten teacher

Minister means the Minister of Education

parent, in relation to any child, includes the child’s guardian, and the householder in whose family the child resides

playcentre means a school or institution providing pre-school education and recognised as a playcentre in accordance with regulations made under this Act

pre-school education means education for children under the age of 5 years

prescribed means prescribed by this Act or by regulations made under this Act

primary education means education for pupils in a primary or intermediate school or department

primary school means a school providing a 6-year course, or an 8-year course, for pupils entering the school between the ages of 5 and 7 years; and includes such a school which in special circumstances approved by the Director-General also provides continuing education

property means real and personal property of every description

public conveyance includes any transport approved by the Director-General, whether by railway, bus, ferry, or other means of conveyance, available to children for the purpose of attending school

public notice means a notice published in some newspaper circulating in the district, and publicly notified means notified by means of a public notice

registered school means a school established under Part 3, or a school registered in accordance with section 186

review officer means an employee of the Education Review Office, and includes the Chief Review Officer

salary order means any decision fixing any salary or salaries in the education service

school age, in relation to any child, means any age between the age of 5 years and the age of 15 years or any earlier age at which the child ceases to be required to have his name enrolled on the register of a school in accordance with Part 4; or, in the case of any child who is deemed by the Director-General (after special examination by a medical officer or other officer appointed for the purpose) to require special tuition, between such ages as the Director-General may from time to time determine, but in no case shall any person who has attained the age of 21 years be deemed to be of school age

school year means the period of 12 months ending with 27 January in any year

secondary education means full-time education for pupils in a secondary school or department or in a secondary private school registered under section 35A of the Education Act 1989

secondary school or department means a school or department established, or deemed to have been established, as a secondary school under Part 3, and providing full-time and part-time courses beyond the primary school course, and also, in circumstances approved by the Director-General, continuing education and related guidance services

secondary teacher means a teacher classified in accordance with regulations made under this Act as a secondary teacher

senior division, in relation to a State primary school, includes such classes or forms therein as may from time to time be prescribed by regulations

Senior Inspector or District Senior Inspector means an Inspector of Schools appointed under section 7 to discharge the duties of the Senior Inspector of Primary Schools for an education district; and where appropriate, includes an Inspector of Schools so appointed to discharge the duties of the Senior Inspector of Secondary Schools for an area specified by the Director-General

special education means education for children who, because of physical or mental handicap or of some educational difficulty, require educational treatment beyond that normally obtained in an ordinary class in a school providing primary, secondary, or continuing education

State primary school means any school providing primary education established under Part 3 by an education board; and includes any intermediate school or district high school subject to the control and management of an education board; and also includes a school established under this Act or a former Education Act as a Chatham Islands School

teacher means a schoolmaster or schoolmistress, or an assistant schoolmaster or assistant schoolmistress, engaged in teaching or eligible for appointment to a teaching position in any State primary school or correspondence school, or in a teachers college, or in a secondary school, or technical institute or community college, or in an intermediate department, or engaged or eligible to be engaged as a teacher of a special subject (including manual training), or in any specialist training service; and, in sections 157 to 161B, includes a kindergarten teacher, but does not include a probationary assistant, a junior assistant in a Maori school, or a student at a teachers college

teacher appointed by the Director-General means a teacher placed under the control of the Director-General by an Order in Council made under section 164

technical institute means an educational institution established, or deemed to have been established, as a technical institute under Part 3, and providing continuing education and related advisory and guidance services; and includes any correspondence school so far as it is deemed to be a technical institute within the meaning of that Part

working day means a working day within the meaning of the Public Works Act 1981.

(1A)

Except as provided in subsection (1), in this Act, unless the context otherwise requires, words and expressions defined in the Private Schools Conditional Integration Act 1975 shall have the meanings so defined.

(2)

Unless the context otherwise requires, every reference in any other enactment or document existing at the commencement of this Act to—

(a)

the Director of Education shall be read as a reference to the Director-General of Education:

(b)

a public school shall be read as a reference to a State primary school subject to the control and management of an education board:

(c)

a technical school, technical high school, or combined school shall be read as a reference to a secondary school:

(d)

a teachers training college shall be read as a reference to a teachers college.

Compare: 1914 No 56 s 2; 1919 No 29 s 2; 1936 No 44 s 2; 1955 No 87 s 2; 1963 No 27 s 2

Section 2(1) appointments committee: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) board: inserted, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) board or education board: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) bylaws: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) Central Advisory Committee: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) Chief Review Officer: inserted, on 1 January 1990, by section 19(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) committee or school committee: repealed, on 18 May 1989, by section 24(1) of the School Trustees Act 1989 (1989 No 3).

Section 2(1) community college: inserted, on 8 November 1974, by section 2(1) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) composite school: inserted, on 1 November 1976, by section 2(1) of the Education Amendment Act 1976 (1976 No 42).

Section 2(1) continuation education: repealed, on 8 November 1974, by section 2(1) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) continuing education: inserted, on 8 November 1974, by section 2(1) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) correspondence school or correspondence classes: repealed, on 19 May 2017, by section 161(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 2(1) Department: substituted, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) Director-General: substituted, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) Disciplinary Board: inserted, on 20 July 1987, by section 26(1) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) disciplinary offence: inserted, on 20 July 1987, by section 26(1) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) district or education district: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) district high school: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) domestic student: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(1) education authority: inserted, on 23 October 1981, by section 7(2) of the Education Amendment Act 1981 (1981 No 124).

Section 2(1) education centre: inserted, on 20 July 1987, by section 9(2) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) education centre council: inserted, on 20 July 1987, by section 9(2) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) employing authority: inserted, on 20 July 1987, by section 26(1) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) foreign student: substituted, on 23 July 1990, by section 19(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) further education: repealed, on 8 November 1974, by section 2(2) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) householder: repealed, on 18 May 1989, by section 24(1) of the School Trustees Act 1989 (1989 No 3).

Section 2(1) Maori: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) Maori school: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) playcentre: inserted, on 8 November 1974, by section 2(3) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) primary school: substituted, on 8 November 1974, by section 2(4) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) private primary school: repealed, on 21 December 2010, by section 35(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) private school: repealed, on 21 December 2010, by section 35(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) private secondary school: repealed, on 21 December 2010, by section 35(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) review officer: inserted, on 1 January 1990, by section 19(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) salary order: substituted, on 1 April 1988, by section 81(1) of the State Sector Act 1988 (1988 No 20).

Section 2(1) school district: repealed, on 1 October 1989, by section 142(1) of the Education Act 1989 (1989 No 80).

Section 2(1) school year: amended, on 6 December 1983, by section 2(1) of the Education Amendment Act 1983 (1983 No 57).

Section 2(1) secondary education: amended, on 21 December 2010, by section 35(3) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) secondary education: amended, on 24 November 1967, by section 2 of the Education Amendment Act 1967 (1967 No 136).

Section 2(1) secondary school or department: substituted, on 8 November 1974, by section 2(5) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) special education: amended, on 8 November 1974, by section 2(6) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) State primary school: amended, on 3 September 1979, by section 2(2)(b) of the Education Amendment Act 1977 (1977 No 91).

Section 2(1) teacher: amended, on 20 July 1987, by section 26(2) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) teacher: amended, on 8 November 1974, by section 2(7) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) teacher appointed by the Director-General: substituted, on 1 April 1988, by section 81(2) of the State Sector Act 1988 (1988 No 20).

Section 2(1) Teachers Register: repealed, on 20 July 1987, by section 26(1) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1) technical education: repealed, on 8 November 1974, by section 2(8) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) technical institute: substituted, on 8 November 1974, by section 2(9) of the Education Amendment Act (No 2) 1974 (1974 No 136).

Section 2(1) working day: added, on 20 July 1987, by section 26(1) of the Education Amendment Act (No 2) 1987 (1987 No 177).

Section 2(1A): inserted, on 16 August 1976, by section 83(1) of the Private Schools Conditional Integration Act 1975 (1975 No 129).