Education Act 1964 No 135 (as at 21 December 2010), Public Act

Reprint
as at 21 December 2010

Education Act 1964

Public Act1964 No 135
Date of assent4 December 1964

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Education.


Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
Central administration

[Repealed]

Department of Education

3 Department of Education [Repealed]

4 Minister of Education [Repealed]

4A Advisory and technical committees [Repealed]

5 Delegation of Minister's powers [Repealed]

6 Director-General of Education [Repealed]

7 Appointment of other officers [Repealed]

8 Delegation of Director Generals powers [Repealed]

8A Director-General may appoint advisory and technical committees [Repealed]

9 Money to be appropriated by Parliament [Repealed]

9A Payment of fees by private foreign students in certain cases [Repealed]

9AA Grants to controlling authorities [Repealed]

9AB Expenditure not otherwise authorised [Repealed]

9AC Borrowing powers [Repealed]

Part 2
Local administration

[Repealed]

Education districts

20 Acts of Board not to be Questioned for informality, etc. [Repealed]

22 Board may appoint officers [Repealed]

69AA Sections to apply to polytechnics [Repealed]

69AB Insurance of members of governing body of specialist institution and refund of members' travelling expenses [Repealed]

69AC General powers of governing bodies of specialist institutions [Repealed]

69AD Governing bodies of specialist institutions may appoint special committees [Repealed]

69AE Accounts and audit [Repealed]

69AF Annual reports as to specialist institutions [Repealed]

69AG Grants to governing bodies of specialist institutions [Repealed]

69AH General expenses of specialist institutions [Repealed]

69AI Unauthorised expenditure of governing bodies of specialist institutions [Repealed]

69AJ Specialist institutions may provide closed courses [Repealed]

69AK Specialist institutions may provide courses in other premises [Repealed]

69AL Specialist institutions may award diplomas [Repealed]

69B Accounting, payment, and other administrative services [Repealed]

Part 3
Establishment of schools

Pre-school education

70 Provision of pre-school education [Repealed]

70A Loans for pre-school education [Repealed]

70B Recognition of institutions providing pre-school education [Repealed]

70C Family day care organisations [Repealed]

70D Child care premises, etc. [Repealed]

70E Right of entry to child care premises [Repealed]

Primary education

71 Schools for primary education [Repealed]

72 Normal schools and model schools [Repealed]

73 Intermediate schools and departments [Repealed]

74 Selection of contributing schools [Repealed]

75 Organisation and conduct of State primary schools and intermediate departments of secondary schools [Repealed]

76 Regulations [Repealed]

77 State primary schools to be kept open at certain times

78 Religious instruction and observances in State primary schools

78A Additional religious instruction

79 Attendance at religious instruction or observances not compulsory

80 Teachers may be freed from duties to take part in religious instruction or observances

81 Schools other than State primary schools not affected

Secondary education

82 Saving of schools already established [Repealed]

83 Secondary schools [Repealed]

84 Courses of study in secondary schools [Repealed]

85 Free education in secondary schools [Repealed]

Composite schools

86 Composite schools [Repealed]

87 Regulations relating to composite schools

88 Certain provisions to apply to composite schools [Repealed]

Further education—technical and continuation

89 Saving of technical institutes already established

90 Establishment and disestablishment of technical institutes and community colleges [Repealed]

90A Technical institutes may be declared to be community colleges [Repealed]

90B Revesting land [Repealed]

90C Correspondence school may be declared technical institute [Repealed]

90D Functions of technical institutes and community colleges [Repealed]

91 Recognition of classes or courses in continuing education

92 Revocation of recognition of classes or courses

93 Free continuing education [Repealed]

94 Fees for continuing education for domestic students [Repealed]

95 Report on continuing education

96 Correspondence schools and classes for continuing education

96A Senior Technical Divisions [Repealed]

97 Administration of continuing education [Repealed]

97A Continuing education organisations

Special education

98 Special schools and classes

99 Other special classes or services providing special education [Repealed]

100 Administration of special education [Repealed]

Maori schools

101 Maori schools [Repealed]

102 Control of Maori schools [Repealed]

102A Change of control of Maori School [Repealed]

Chatham Islands schools

103 Chatham Islands schools [Repealed]

104 Management and control of Chatham Islands schools [Repealed]

Correspondence schools

105 Correspondence schools and classes [Repealed]

105A School classes may be held at school camps [Repealed]

105B Regulations relating to school camps [Repealed]

Health education

105C Parents to be consulted on treatment of health syllabus [Repealed]

105D Parents and guardians may require students to be excluded from health education classes [Repealed]

Teachers colleges

106 Establishment of teachers colleges [Repealed]

Schools controlled by Director-General

106A Schools controlled by Director-General [Repealed]

106B Regulations for schools under control of Director-General [Repealed]

107 Regulations [Repealed]

107A Establishment of Education Centres [Repealed]

107B Centres to have controlling authorities [Repealed]

107C General powers of Education centre councils [Repealed]

Part 4
Enrolment and attendance of pupils

Enrolment and attendance

108 Children enrolled at State primary schools to be of school age [Repealed]

109 Every child between 6 and 15 years of age to be enrolled [Repealed]

110 Enrolment with correspondence school [Repealed]

111 Certificate of exemption from enrolment [Repealed]

112 Exemption from enrolment by Director-General [Repealed]

112A Equal rights to education [Repealed]

113 Ascertainment of suitability of education of certain children [Repealed]

114 Compulsory enrolment in special school, etc., of certain children [Repealed]

115 Director-General may in certain circumstances direct that a child be sent to special school, etc. [Repealed]

116 Penalty for failure to enrol child [Repealed]

117 Every child required to be enrolled must attend school [Repealed]

117A Work exploration schemes [Repealed]

118 Certificate of exemption from attendance [Repealed]

119 Director-General may require certain children exempted from attendance to enrol at correspondence school [Repealed]

120 Penalty for irregular attendance at school [Repealed]

121 Employment of children of school age [Repealed]

122 Parents not to permit employment of children of school age [Repealed]

123 Appointment of Attendance Officers [Repealed]

124 Hearing of proceedings [Repealed]

125 Evidence of school roll, etc. [Repealed]

126 Onus of proof on parents [Repealed]

127 Fines to be paid into School or Board Funds [Repealed]

128 Maori and Chatham Islands schools [Repealed]

129 Limitations on enrolment at State Primary Schools [Repealed]

129A Enrolment schemes for secondary schools [Repealed]

129B Students to have access to reasonably convenient accommodation [Repealed]

129C Terms and Holidays [Repealed]

Part 4A
Supsension and expulsion of pupils

130 Suspension of pupils [Repealed]

130A Notification of suspension [Repealed]

130B Suspension for specified period [Repealed]

130C Suspension of pupil under 15 for unspecified period [Repealed]

130D Suspension of pupil over 15 for unspecified period [Repealed]

130DA Attendance at other schools of suspended or expelled pupils [Repealed]

130E Delegation of powers of Boards and governing bodies [Repealed]

130F Suspension or expulsion of pupils from private schools [Repealed]

Part 5
Appointment and employment of teachers

Registration of teachers

131 Teachers to be registered [Repealed]

132 Teachers Register [Repealed]

133 Publication of Register [Repealed]

134 Removal of certain names from Register [Repealed]

135 Cancellation of registration for misconduct [Repealed]

136 Notification of removal of name from Register [Repealed]

136A Powers of Registration Board [Not in force]

136B Annual report [Not in force]

136C Register of Teachers [Not in force]

136D Applications for registration [Not in force]

136E Registration [Not in force]

136F Transitional [Not in force]

136G Annual publication of Register [Not in force]

136H Cancellation and suspension of registration [Not in force]

136I Appeals against decisions of Registration Board [Not in force]

136J Notification of decisions [Not in force]

136K Administrative and secretarial services [Not in force]

136L Only registered teachers to be employed [Not in force]

136M Offences in respect of persons who are not registered teachers [Not in force]

Constitution of committees for primary appointments

137 Appointments Committees [Repealed]

138 Central Advisory Committee [Repealed]

139 Extraordinary vacancies on Committees [Repealed]

140 Deputies of members [Repealed]

141 Member's travelling expenses [Repealed]

Appointment of primary teachers

142 Appointment to positions [Repealed]

142A Retraining of teachers [Repealed]

143 School Committees to be notified of proposed appointments [Repealed]

Primary teachers appointment appeal board

144 Primary Teachers Appointment Appeal Board [Repealed]

145 Provisional appointments [Repealed]

145A Rights of Appeal [Repealed]

146 Notices to teachers with right to appeal [Repealed]

147 Notices of appeal, jurisdiction, etc. [Repealed]

Appointment of secondary teachers and teachers in technical institutes

148 Governing body may appoint teachers [Repealed]

Appointment and employment of teachers—general

149 Teachers for special purposes [Repealed]

150 Married women as teachers [Repealed]

151 Restriction upon eligibility of teachers for appointment [Repealed]

152 Proposed transfers of secondary teachers and teachers at composite schools [Repealed]

152A Proposed transfer of primary teachers [Repealed]

153 Payment of overgrade salaries, etc. [Repealed]

154 Protection of teachers in certain cases [Repealed]

155 Duration of appointment of teacher [Repealed]

156 Interpretation [Repealed]

156A Teacher charged with offence to inform employing authority [Not in force]

157 Disciplinary action where teacher charged with serious offence [Repealed]

157A Teacher convicted of serious offence [Not in force]

158 Disciplinary offences [Repealed]

158A Disciplinary Board [Not in force]

158B Nomination of members of Disciplinary Board [Not in force]

159 Steps to be taken where offence alleged [Repealed]

159A Penalties for disciplinary offences [Not in force]

159B Employing authority may appeal against penalty [Not in force]

160 Notice of imposition of penalty [Repealed]

161 Appeals [Repealed]

161A Procedure for alleged offences by certain teachers [Repealed]

161B Contracts of employment not affected [Not in force]

162 Teachers to take oath of allegiance

163 Teachers not to engage in other employment in certain circumstances [Repealed]

164 Control of officers of public service engaged as teachers [Repealed]

164A Teachers determinations [Repealed]

164B Amending determinations [Repealed]

164C Consolidating determinations [Repealed]

164D Conciliation [Repealed]

164E Extent of application of Industrial Relations Act 1973 [Repealed]

165 Salaries and conditions of employment of teachers [Repealed]

165A Accounting and payment services for teachers' salaries [Repealed]

Part 5A
Short-term appointments at technical institutes, community colleges, and colleges of education

[Repealed]

165B Governing bodies may make short-term appointments [Repealed]

Part 5B
Employees of Education Authorities

[Repealed]

165C Education Authorities may appoint staff [Repealed]

165D Regulations relating to appointment of staff by Education Authorities [Repealed]

Part 6
Teachers incorporation and Court of Appeal

166 Interpretation [Repealed]

Incorporation of societies of teachers

167 Applications for registration of societies [Repealed]

168 Registration and incorporation [Repealed]

169 Powers of incorporated societies [Repealed]

170 Rules of society [Repealed]

171 Effect of resignation of member [Repealed]

172 Returns by society [Repealed]

173 Restrictions on registration [Repealed]

Appeals by teachers

174 Court of Appeal [Repealed]

175 Rights of Appeal [Repealed]

176 Appearance of parties [Repealed]

177 When teachers deemed to be dismissed [Repealed]

178 Decision of Court [Repealed]

179 Effect of decision in favour of appellant [Repealed]

180 Costs [Repealed]

181 Effect of non-attendance of members of court [Repealed]

182 Procedure on appeals [Repealed]

Part 7
Inspection of schools

[Repealed]

183 Inspection of schools [Repealed]

186A Registration and inspection of courses of study at private colleges [Repealed]

Part 8
General provisions

187 Exemptions from taxation

188 Exemptions from rating [Repealed]

189 Trustees of school may agree to place it under control of Board [Repealed]

190 Vesting of assets of school placed under control of Board [Repealed]

191 Controlling authority of a school or other educational institution may receive property for foundation of scholarships [Repealed]

192 Assistance to registered private schools [Repealed]

192A Research [Repealed]

193 Bursaries, scholarships, etc [Repealed]

193AA Tertiary assistance grants appeal authority [Repealed]

193AB Procedure to be prescribed [Repealed]

193A Guidance and counselling of pupils [Repealed]

193B Forbidding attendance of pupil on grounds of want of cleanliness or suspicion of communicable disease [Repealed]

194 Temporary or permanent closing of schools and institutions in cases of emergency [Repealed]

195 Wilful disturbance of school [Repealed]

196 Certificates as to education [Repealed]

196A School certificate examination [Repealed]

197 Bonds for entry to teaching [Repealed]

198 Right of Head Teachers and Principals to attend meetings of School Committees and school governing bodies [Repealed]

199 Occupation of teacher's house [Repealed]

200 Teacher refusing to give up a teacher's house on demand [Repealed]

201 Establishment of community centres [Repealed]

201A Interpretation of sections 201B to 201D [Repealed]

201B Transport assistance provided by Director-General [Repealed]

201C Delegation by Director-General of his powers and functions in relation to school transport assistance [Repealed]

201D Regulations for school transport assistance [Repealed]

201E Giving notice [Repealed]

202 Annual report [Repealed]

203 Regulations [Repealed]

203A Building Act 1991 [Repealed]

204 Repeals [Repealed]

Schedule
Enactments repealed

[Repealed]


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

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Education Act 1964.

    (2) This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Proclamation.

2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    Appointments Committee

    [Repealed]

    Appointments committee: this definition was repealed, as from 1 October 1989, by section 142(1) Education Act 1989 (1989 No 80).

    Board means a Board of Trustees constituted under Part 9 of the Education Act 1989

    Board: this definition was inserted, and the definition Board or Education Board was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

    Bylaws

    [Repealed]

    Bylaws: this definition was repealed, as from 1 October 1989, by section 142(1) Education Act 1989 (1989 No 80).

    Central Advisory Committee

    [Repealed]

    Central Advisory Committee: this definition was repealed, as from 1 October 1989, by section 142(1) Education Act 1989 (1989 No 80).

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

    Chief Review Officer: definition inserted, as from 1 January 1990, by section 19(1) Education Amendment Act 1989 (1989 No 156).

    Committee or School Committee

    [Repealed]

    Committee or School Committee: this definition was repealed, as from 18 May 1989, by section 24(1) of 1989 No 3.

    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

    Community college: this definition was inserted by section 2(1) of the Education Amendment Act (No 2) 1974.

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

    Composite school: this definition was inserted by section 2(1) of 1976 No 42.

    continuation education

    [Repealed]

    Continuation education: this definition was repealed by section 2(1) of the Education Amendment Act (No 2) 1974.

    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 college of education

    Continuing education: this definition was inserted by section 2(1) of the Education Amendment Act (No 2) 1974.

    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

    Correspondence school or correspondence classes means any school or institution, or any classes, established by the Minister to provide instruction by correspondence

    Correspondence school or correspondence classes: this definition was amended by section 7(2) of 1982 No 155.

    Department means the Ministry of Education

    Department: this definition was substituted, as from 1 October 1989 by section 142(1) of 1989 No 80.

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

    Director-General: this definition was substituted, as from 1 October 1989 by section 142(1) of 1989 No 80.

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

    Disciplinary Board: this definition was inserted by section 26(1) of 1987 No 177 as follows after the definition of Director-General.

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

    Disciplinary offence: this definition was inserted by section 26(1) of 1987 No 177 as follows after the definition of Director-General.

    district or education district

    [Repealed]

    District or education district: this definition was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

    district high school

    [Repealed]

    District high school: this definition was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

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

    • (a) a New Zealand citizen; 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 college of education council, or a body declared to be an Education Authority by the Governor-General by Order in Council

    Education Authority: this definition was inserted by section 7(2) of 1981 No 124, sections 9(2) and section 26(1) of 1987 No 177.

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

    Education centre: this definition was inserted by section 7(2) of 1981 No 124, sections 9(2) and section 26(1) of 1987 No 177.

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

    Education centre council: this definition was inserted by section 7(2) of 1981 No 124, sections 9(2) and section 26(1) of 1987 No 177.

    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

    Employing authority: this definition was inserted by section 7(2) of 1981 No 124, sections 9(2) and section 26(1) of 1987 No 177.

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

    Foreign student: this definition was inserted, as from 1 January 1990, by section 19(1) Education Act 1989 (1989 No 156).

    Foreign student: this definition was substituted, as from 23 July 1990, by section 2(3) Education Act 1990 (1990 No 60).

    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

    former Teachers Register

    further education

    [Repealed]

    Further education: this definition was repealed by section 2(2) of the Education Amendment Act (No 2) 1974.

    householder

    [Repealed]

    Householder: this definition was repealed, as from 18 May 1989 by section 24(1) of 1989 No 3.

    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

    Maori

    [Repealed]

    Maori: this definition was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

    Maori school

    [Repealed]

    Maori school: this definition was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

    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

    Playcentre: this definition was inserted by section 2(3) Education Amendment Act (No 2) 1974.

    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

    Primary school: this definition was substituted by section 2(4) Education Amendment Act (No 2) 1974.

    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 of this Act, 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

    Review officer: this definition was inserted by section 19(1) of 1989 No 156.

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

    Salary order: this definition was substituted, as from 1 April 1988 by section 81(1) State Sector Act 1988 (1988 No 20).

    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 of this Act; 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 district

    [Repealed]

    School district: this definition was repealed, as from 1 October 1989 by section 142(1) Education Act 1989 (1989 No 80).

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

    School year: this definition was amended, as from 6 December 1983, by section 2(1) Education Amendment Act 1983 (1983 No 57) by substituting the expression 27th for the expression 31st.

    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 education: this definition was amended by section 2 Education Amendment Act 1967 by inserting the words or in a private secondary school.

    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 school or department: this definition was substituted by section 2(5) Education Amendment Act (No 2) 1974.

    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

    Special education: this definition was amended by section 2(6) Education Amendment Act (No 2) 1974 by substituting the words further education for the words 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

    State primary school: this definition was amended, as from 3 September 1979, by section 2(2)(b) of 1977 No 91.

    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 college of education, 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 college of education

    Teacher: this definition was amended by section 2(7) Education Amendment Act (No 2) 1974 by inserting the words or community college.

    Teacher: this definition was further amended, as from 20 July 1987, by section 26(2) Education Amendment Act (No 2) 1987 (1987 No 177) by inserting the words and, in sections 157 to 161B of this Act, includes a kindergarten teacher.

    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

    Teacher appointed by the Director-General: this definition was substituted, as from 1 April 1988 by section 81(2) of 1988 No 20.

    Teachers Register

    [Repealed]

    Teachers Register: this definition was repealed by section 26(1) of 1987 No 177 and, as from 1 October 1989 by section 142(1) of Education Act 1989 (1989 No 80).

    technical education

    [Repealed]

    Technical education: this definition was repealed by section 2(8) Education Amendment Act (No 2) 1974.

    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 of this Act

    Technical institute: this definition was substituted by section 2(9) Education Amendment Act (No 2) 1974.

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

    Working day: this definition was inserted by section 26(1) of 1987 No 177.

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

    Subsection (1A) was inserted, as from 16/8/76, by section 83(1) of the Private Schools Conditional Integration Act 1975.

Part 1
Central administration

[Repealed]

  • Parts 1 and 2 (comprising sections 3 to 69B) were repealed, as from 17 May 2006, by section 61(3)(a) Education Amendment Act 2006 (2006 No 19).

Department of Education

3 Department of Education
  • [Repealed]

    Section 3 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

4 Minister of Education
  • [Repealed]

    Section 4 was repealed, as from 1 October 1989, by section 142(3) of 1989 No 80.

4A Advisory and technical committees
  • [Repealed]

    Parts 1 and 2 (comprising sections 3 to 69B) were repealed, as from 17 May 2006, by section 61(3)(a) Education Amendment Act 2006 (2006 No 19).

5 Delegation of Minister's powers
  • [Repealed]

    Section 5 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

6 Director-General of Education
  • [Repealed]

    Section 6 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

7 Appointment of other officers
  • [Repealed]

    Section 7 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

8 Delegation of Director Generals powers
  • [Repealed]

    Section 8 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

8A Director-General may appoint advisory and technical committees
  • [Repealed]

    Parts 1 and 2 (comprising sections 3 to 69B) were repealed, as from 17 May 2006, by section 61(3)(a) Education Amendment Act 2006 (2006 No 19).

9 Money to be appropriated by Parliament
  • [Repealed]

    Section 9 was repealed, as from 1 October 1989 by section 142(3) of 1989 No 80.

    Sections 9, 9AA, 9AB, and 9AC were to be inserted on a date to be appointed by Order in Council by section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) and were repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80). Note that section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) was formally repealed by section 142(3) but there has been no formal repeal of sections 9AA, 9AB and 9AC in the principal Act.

9A Payment of fees by private foreign students in certain cases
  • [Repealed]

    Section 9A was inserted, as from 14 December 1979, by section 9(1) Education Amendment Act 1979 (1979 No 148), and repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

9AA Grants to controlling authorities
  • [Repealed]

    Sections 9AA, 9AB, and 9AC were to be inserted on a date to be appointed by Order in Council by section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) and were repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80).

    Note that section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) was formally repealed by section 142(3) but there has been no formal repeal of sections 9AA, 9AB and 9AC in the principal Act.

9AB Expenditure not otherwise authorised
  • [Repealed]

    Sections 9AA, 9AB, and 9AC were to be inserted on a date to be appointed by Order in Council by section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) and were repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80).

    Note that section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) was formally repealed by section 142(3) but there has been no formal repeal of sections 9AA, 9AB and 9AC in the principal Act.

9AC Borrowing powers
  • [Repealed]

    Sections 9AA, 9AB, and 9AC were to be inserted on a date to be appointed by Order in Council by section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) and were repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80).

    Note that section 2(1) Education Amendment Act (No 2) 1987 (1987 No 177) was formally repealed by section 142(3) but there has been no formal repeal of sections 9AA, 9AB and 9AC in the principal Act.

Part 2
Local administration

[Repealed]

Education districts

  • Parts 1 and 2 (comprising sections 3 to 69B) were repealed, as from 17 May 2006, by section 61(3)(a) Education Amendment Act 2006 (2006 No 19).

10
  • [Repealed]

    Sections 10 to 19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

11
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

12
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

13
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

14
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

15
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

16
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

17
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

18
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

19
  • [Repealed]

    Sections 10–19 were repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

20 Acts of Board not to be Questioned for informality, etc.
  • [Repealed]

    Section 20 was repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80).

21
  • [Repealed]

    Section 21 was repealed by section 142(3) of 1989 No 80 and section 2(2)(a) of 1990 No 118.

    New section 67SA REFER: section 17(1) of 1989 and section 50(4) of 1990 No 60. A new section 67SA was inserted by the former and repealed by the latter.

    New section 67T REFER: section 9 of 1983 No 57 and section 2(2)(a) of 1990 No 118. A new section 67T was inserted by the former and repealed by the latter.

22 Board may appoint officers
  • [Repealed]

    Section 22 was repealed, as from 23 October 1981, by section 7(3)(a) Education Amendment Act 1981 (1981 No 124).

23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
49A
50
51
51A
51B
51C
52
53
  • [Repealed]

    Section 53 was repealed by section 142(3) of 1989 No 80.

54
55
56
57
57A
58
59
60
60A
61
61A
62
63
64
65
66
67
67A
  • [Repealed]

    Section 67A was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67B
  • [Repealed]

    Section 67B was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67C
  • [Repealed]

    Section 67C was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67D
  • [Repealed]

    Section 67D was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67E
  • [Repealed]

    Section 67E was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67F
  • [Repealed]

    Section 67F was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67G
  • [Repealed]

    Section 67G was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67H
  • [Repealed]

    Section 67H was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67I
  • [Repealed]

    Section 67I was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67J
  • [Repealed]

    Section 67J was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67K
  • [Repealed]

    Section 67K was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67L
  • [Repealed]

    Section 67L was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67M
  • [Repealed]

    Section 67M was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67N
  • [Repealed]

    Section 67N was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67O
  • [Repealed]

    Section 67O was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67P
  • [Repealed]

    Section 67P was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67Q
  • [Repealed]

    Section 67Q was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67R
  • [Repealed]

    Section 67R was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67S
  • [Repealed]

    Section 67S was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

67SA
  • [Repealed]

    Section 67SA was repealed by section 2(2)(a) Education Amendment Act 1990.

67T
  • [Repealed]

    Section 67T was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

68
  • [Repealed]

    Section 68 was repealed by section 2(2)(a) Education Amendment Act (No 2) 1990.

69
  • [Repealed]

    Section 69 was repealed by section 2(2)(a) of 1990 No 118.

69A
  • [Repealed]

    Section 69A was repealed by section 2(2)(a) of 1990 No 118.

69AA Sections to apply to polytechnics
  • [Repealed]

    Note: the word polytechnic (indicated in italics) in the bold heading to section 69AA has been altered without specific authority. See section 36 of 1990 No 60 as to the establishment of tertiary institutions.

69AB Insurance of members of governing body of specialist institution and refund of members' travelling expenses
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AC General powers of governing bodies of specialist institutions
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AD Governing bodies of specialist institutions may appoint special committees
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AE Accounts and audit
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AF Annual reports as to specialist institutions
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991, by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AG Grants to governing bodies of specialist institutions
  • [Repealed]

    Sections 69AG-69AH were repealed, as from 1 January 1989 by section 21(7)(b) Education Amendment Act 1989 (1989 No 156).

69AH General expenses of specialist institutions
  • [Repealed]

    Sections 69AG-69AH were repealed, as from 1 January 1989 by section 21(7)(b) Education Amendment Act 1989 (1989 No 156).

69AI Unauthorised expenditure of governing bodies of specialist institutions
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AJ Specialist institutions may provide closed courses
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AK Specialist institutions may provide courses in other premises
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69AL Specialist institutions may award diplomas
  • [Repealed]

    Sections 69AA-69AL were inserted, as from 20 July 1987 by section 7(1) Education Amendment Act (No 2) 1987 (1987 No 177), and repealed, as from 1 January 1991 by section 2(2)(i) Education Amendment Act (No 2) 1990.

69B Accounting, payment, and other administrative services
  • [Repealed]

    Parts 1 and 2 (comprising sections 3 to 69B) were repealed, as from 17 May 2006, by section 61(3)(a) Education Amendment Act 2006 (2006 No 19).

Part 3
Establishment of schools

Pre-school education

70 Provision of pre-school education
  • [Repealed]

    Section 70 was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

70A Loans for pre-school education
  • [Repealed]

    Section 70A was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

70B Recognition of institutions providing pre-school education
  • [Repealed]

    Section 70B was inserted, as from 23 October 1981 by section 4 Education Amendment Act 1981 (1981 No 124), and repealed, as from 1 February 1991 by section 50(5) Education Amendment Act 1990 (1990 No 60).

70C Family day care organisations
  • [Repealed]

    Sections 70C - 70E were inserted, as from 1 July 1986 by section 2(1) Education Amendment Act 1986 (1986 No 28), and repealed, as from 1 February 1991 by section 50(5) Education Amendment Act 1990 (1990 No 60).

70D Child care premises, etc.
  • [Repealed]

    Sections 70C - 70E were inserted, as from 1 July 1986 by section 2(1) Education Amendment Act 1986 (1986 No 28), and repealed, as from 1 February 1991 by section 50(5) Education Amendment Act 1990 (1990 No 60).

70E Right of entry to child care premises
  • [Repealed]

    Sections 70C - 70E were inserted, as from 1 July 1986 by section 2(1) Education Amendment Act 1986 (1986 No 28), and repealed, as from 1 February 1991 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Primary education

71 Schools for primary education
  • [Repealed]

    Section 71 was repealed, as from 1 January 1990 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

72 Normal schools and model schools
  • [Repealed]

    Section 72 was repealed, as from 1 January 1990 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

73 Intermediate schools and departments
  • [Repealed]

    Section 73 was repealed, as from 1 January 1990 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

74 Selection of contributing schools
  • [Repealed]

    Section 74 was repealed, as from 1 January 1990 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

75 Organisation and conduct of State primary schools and intermediate departments of secondary schools
  • [Repealed]

    Compare: 1914 No 56 s 56

    Section 75 was repealed, as from 19 December 1998, by section 19(3)(a) Education Amendment Act (No 2) 1998 (1998 No 118). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.

76 Regulations
  • [Repealed]

    Section 76 was repealed, as from 1 October 1989 by section 142(3) of Education Act 1989 (1989 No 80).

77 State primary schools to be kept open at certain times
  • Except to the extent that—

    • (a) a school term commences on any day other than a Monday or ends with any day other than a Friday; or

    • (b) a school is lawfully closed pursuant to section 129C,—

    every State primary school shall be kept open 5 days in each week for at least 4 hours each day, of which hours 2 in the morning and 2 in the afternoon shall be and the teaching shall be entirely of a secular character.

    Compare: 1914 No 56 s 56(4)

    Section 77 was amended by section 8(2) of 1982 No 155 and section 8(2) of 1993 No 51.

78 Religious instruction and observances in State primary schools
  • Notwithstanding anything to the contrary in section 77, if the School Committee for the school district in which the school is situated, after consultation with the Principal, so determines, any class or classes at the school, or the school as a whole, may be closed at any time or times of the school day for any period or periods exceeding in the aggregate neither 60 minutes in any week nor 20 hours in any school year, for any class, for the purposes of religious instruction given by voluntary instructors approved by the School Committee and of religious observances conducted in a manner approved by the School Committee or for either of those purposes; and the school buildings may be used for those purposes or for either of them.

    Section 78 was amended by section 11 of 1976 No 42 and section 11(a) and (b) of 1983 No 57.

78A Additional religious instruction
  • Notwithstanding anything in sections 77 and 78, in any case where the Minister is satisfied that the majority of the parents of pupils attending a school wish their children to receive religious instruction additional to that specified in the said section 78 and he is satisfied that such additional religious instruction will not be to the detriment of the normal curriculum of the school, he shall generally or in any special case, after consultation with the School Committee, authorise the additional religious instruction up to such an amount and subject to such conditions as he thinks fit.

    Section 78A was inserted by section 83(8) of the Private Schools Conditional Integration Act 1975. See section 1(2) of that Act.

79 Attendance at religious instruction or observances not compulsory
  • (1) No pupil enrolled at a State primary school shall be required to attend or take part in any such instruction or observances if any parent or guardian of the pupil does not wish the pupil to take part therein and makes his or her wishes known in writing to the Head Teacher of the school.

    (2) Any parent or guardian who has given such an indication of wishes may at any time withdraw it.

    Compare: 1962 No 129 s 3

80 Teachers may be freed from duties to take part in religious instruction or observances
  • Any teacher at a State primary school shall, if the School Committee for the school district in which the school is situated so approves, at his request be freed from school duties for up to 30 minutes a week to allow him to take part in his own school in religious instruction and religious observances or either, but no person shall directly or indirectly bring any pressure to bear on a teacher to induce the teacher to take any such part, and the position of any teacher and his opportunities for appointments and for promotion shall not be adversely affected because he does not take part in religious instruction and religious observances or either.

    Compare: 1962 No 129 s 4

81 Schools other than State primary schools not affected
  • Nothing in this Act shall affect religious instruction or religious observances in schools other than State primary schools.

    Compare: 1962 No 129 s 5

Secondary education

82 Saving of schools already established
  • [Repealed]

    Section 82 was repealed, as from 1 January 1990 by section 15(4)(a) Education Amendment Act 1989 (1989 No 156).

83 Secondary schools
  • [Repealed]

    Section 83 was repealed, as from 1 January 1990 by section 15(4)(a) Education Amendment Act 1989 (1989 No 156).

84 Courses of study in secondary schools
  • [Repealed]

    Compare: 1914 No 56 s 94

    Section 84 was repealed, as from 19 December 1998, by section 19(3)(a) Education Amendment Act (No 2) 1998 (1998 No 118). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.

85 Free education in secondary schools
  • [Repealed]

    Subsection (3) was repealed, as from 1 January 1990, by section 18(2)(a) Education Amendment Act 1989 (1989 No 156).

Composite schools

86 Composite schools
  • [Repealed]

    Section 86 was repealed, as from 1 January 1990 by section 15(5)(a) Education Amendment Act (1989 No 156).

87 Regulations relating to composite schools
  • (1) Without limiting the generality of any provision of this Act, where any provisions of this Act empower the making of regulations relating to both State primary schools and secondary schools, or to State primary schools or secondary schools only, or to the staff or students of both State primary schools and secondary schools or to the staff or students of State primary schools or secondary schools only, any regulations made under those provisions may be limited in their application to composite schools or composite schools of any specified class or classes or, as the case may be, to staff or students of composite schools or composite schools of any specified class or classes.

    (2) Subject to any regulations to which subsection (1) applies, this Act shall apply to every composite school as if—

    • (a) every reference in this Act to a State primary school were a reference to those classes and courses in that composite school providing primary education; and

    • (b) every reference in this Act to a secondary school were a reference to those classes and courses in the composite school providing secondary education.

    Section 87 was substituted, as from 20 July 1987 by section 8(1) Education Amendment Act (No 2) 1987 (1987 No 177).

88 Certain provisions to apply to composite schools
  • [Repealed]

    Section 88 was repealed, as from 20 July 1987 by section 8(1) Education Amendment Act (No 2) 1987 (1987 No 177).

Further education—technical and continuation

89 Saving of technical institutes already established
  • Every school established as a technical institute under any former Education Act and existing at the commencement of this Act shall be deemed to have been established as a technical institute under this Act.

90 Establishment and disestablishment of technical institutes and community colleges
  • [Repealed]

    Sections 90-90D were repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

90A Technical institutes may be declared to be community colleges
  • [Repealed]

    Sections 90-90D were repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

90B Revesting land
  • [Repealed]

    Sections 90-90D were repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

90C Correspondence school may be declared technical institute
  • [Repealed]

    Sections 90-90D were repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

90D Functions of technical institutes and community colleges
  • [Repealed]

    Sections 90-90D were repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

91 Recognition of classes or courses in continuing education
  • (1) The Director-General may recognise classes or courses in continuing education in secondary schools, in secondary departments of district high schools, in technical institutes, and in community colleges, in such manner and subject to compliance with such conditions as may be prescribed.

    (2) Where a controlling authority proposes to provide a class or course in continuing education providing instruction not previously provided by that authority, it shall consult the Director-General before making any arrangements for the establishment of the class or course.

    Section 91 was substituted by section 15 Education Amendment Act (No 2) 1974.

92 Revocation of recognition of classes or courses
  • (1) The Director-General may revoke the recognition granted to any class or course in continuing education if he considers that more economical or effective or appropriate provision for the instruction being given in the class or course is being, or will shortly be, otherwise provided, or if he is dissatisfied with the manner in which the class or course is being conducted or is of the opinion that the needs in response to which the class was provided no longer exist or have diminished to an extent no longer warranting the continuance of the class:

    Provided that, where the Director-General intends to revoke recognition of any class or course in continuing education on any grounds other than his dissatisfaction with the manner in which the class or course is being conducted, he shall, if the controlling authority of the class or course so requires, give 6 months' notice of his intention to cancel the recognition.

    (2) Notwithstanding anything to the contrary in this section, the Governor-General may, by Order in Council, make regulations prescribing the conditions under which the recognition of classes or courses in continuing education may be revoked.

    Compare: 1914 No 56 s 112

    In subsection (2) the word continuing was substituted for the word further by section 14(2) of the Education Amendment Act (No 2) 1974.

93 Free continuing education
  • [Repealed]

    Sections 93 and 94 were substituted by a new section 94, as from 1 January 1990, by section 18(1) Education Amendment Act 1989 (1989 No 156).

94 Fees for continuing education for domestic students
  • [Repealed]

    Section 94 was repealed, as from 1 January 1991 by section 50(4) Education Amendment Act 1990 (1990 No 60).

95 Report on continuing education
  • Within 4 months after the date of the close of the instruction in any year, the controlling authority shall forward to the Director-General such details of the work and attendance, and of the receipts and expenditure, of classes in continuing education under its control as are prescribed by such regulations as may be made by the Governor-General from time to time by Order in Council under this Act, or (if no such details are so prescribed) as the Minister may determine.

    Compare: 1914 No 56 s 121(2)

    Section 95 was substituted by section 18 Education Amendment Act (No 2) 1974.

96 Correspondence schools and classes for continuing education
  • Having regard to the provision of continuing education, the Minister may establish any school or classes to provide instruction by correspondence for that purpose; and any school or class so established shall be controlled in such manner, and shall charge such fees for the instruction provided, as the Minister may determine.

    Section 96 was substituted by section 19(1) of the Education Amendment Act (No 2) 1974.

96A Senior Technical Divisions
  • [Repealed]

    Section 96A was inserted, as from 23 December 1977, by section 4 Education Amendment Act 1977 (1977 No 91), and repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

97 Administration of continuing education
  • [Repealed]

    Section 97 was repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

97A Continuing education organisations
  • (1) The Minister may, by notice in the Gazette, declare any continuing education organisation that is a body corporate to be a recognised continuing education organisation, and may similarly declare any recognised continuing education organisation so declared to cease to be a recognised continuing education organisation.

    (2) There may from time to time be paid to any recognised continuing education organisation so declared, out of money appropriated by Parliament for the purpose and subject to such conditions (if any) as the Minister may impose, such sum or sums towards the payment of staff salaries and other expenses incurred by it in the conduct of its activities as the Minister may, with the concurrence of the Minister of Finance, approve.

    Section 97A was inserted by section 13 of 1976 No 42.

Special education

98 Special schools and classes
  • (1) Having regard to the provision of special education in any locality or localities, the Minister may—

    • (a) establish any special school:

    • (b) establish, or authorise the establishment of, any special class, clinic, or service, either as a separate unit or in connection with any State primary school, secondary school, technical institute, community college or integrated school, or in connection with any public institution approved for the purpose by him:

    • (c) make provision for special educational facilities to be provided by any correspondence school established under section 105:

    Provided that any special school established under paragraph (a) may be placed under the control of the Education Board of the district and shall, where so placed, be deemed to be a State primary school, save that it may, on the recommendation of the Education Board and with the approval of the Minister, be placed under the control of any person or persons appointed by the Education Board for the purpose instead of a School Committee.

    (2) The Minister may likewise disestablish any special school, class, clinic, or service established under subsection (1), if he is dissatisfied with the manner in which the school, class, clinic, or service is being conducted, or if he considers that sufficient provision is made by another similarly established special school, class, clinic, or service, or by any other school or class in or reasonably near to the same locality:

    Provided that in the last-mentioned case he shall, if the controlling authority of the school, class, clinic, or service so requires, give 3 months' notice of his intention to disestablish the same.

    Compare: 1914 No 56 s 56; 1921–22 No 27 s 6

    In subsection (1)(b) the words in single square brackets were substituted for the words or technical institute by section 14(2) of the Education Amendment Act (No 2) 1974, and the words in double square brackets were substituted for the words or community college by section 83(9) of the Private Schools Conditional Integration Act 1975. See section 1(2) of the latter Act.

99 Other special classes or services providing special education
  • [Repealed]

    Section 99 was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

100 Administration of special education
  • [Repealed]

    Section 100 was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

Maori schools

101 Maori schools
  • [Repealed]

    Sections 101-102A were repealed, as from 8 November 1989 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

102 Control of Maori schools
  • [Repealed]

    Sections 101-102A were repealed, as from 8 November 1989 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

102A Change of control of Maori School
  • [Repealed]

    Sections 101-102A were repealed, as from 8 November 1989 by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

Chatham Islands schools

  • Sections 103, 104 and the heading Chatham Islands Schools were repealed, as from 3 September 1979 by section 2(3) Education Amendment Act 1977 (1977 No 91).

103 Chatham Islands schools
  • [Repealed]

    Sections 103, 104 and the heading Chatham Islands Schools were repealed, as from 3 September 1979 by section 2(3) Education Amendment Act 1977 (1977 No 91).

104 Management and control of Chatham Islands schools
  • [Repealed]

    Sections 103, 104 and the heading Chatham Islands Schools were repealed, as from 3 September 1979 by section 2(3) Education Amendment Act 1977 (1977 No 91).

Correspondence schools

105 Correspondence schools and classes
  • [Repealed]

    Sections 105-105B were repealed, as from 8 November 1989, by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

105A School classes may be held at school camps
  • [Repealed]

    Sections 105-105B were repealed, as from 8 November 1989, by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

105B Regulations relating to school camps
  • [Repealed]

    Sections 105-105B were repealed, as from 8 November 1989, by section 15(5)(a) Education Amendment Act 1989 (1989 No 156).

Health education

105C Parents to be consulted on treatment of health syllabus
  • [Repealed]

    Section 105C was repealed, as from 25 October 2001, by section 13(2) Education Standards Act 2001 (2001 No 88).

105D Parents and guardians may require students to be excluded from health education classes
  • [Repealed]

    Section 105C was repealed, as from 25 October 2001, by section 11(2) Education Standards Act 2001 (2001 No 88).

Teachers colleges

106 Establishment of teachers colleges
  • [Repealed]

    Section 106 was repealed, as from 1 February 1991 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Schools controlled by Director-General

106A Schools controlled by Director-General
  • [Repealed]

    Section 106A was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

106B Regulations for schools under control of Director-General
  • [Repealed]

    Section 106B was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

107 Regulations
  • [Repealed]

    Sections 107 was repealed, as from 8 November 1974 by section 22(2) Education Amendment Act (No 2) 1974 (1974 No 136).

107A Establishment of Education Centres
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142 (3) Education Act 1989 (1989 No 80).

107B Centres to have controlling authorities
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142 (3) Education Act 1989 (1989 No 80).

107C General powers of Education centre councils
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142 (3) Education Act 1989 (1989 No 80).

Part 4
Enrolment and attendance of pupils

Enrolment and attendance

108 Children enrolled at State primary schools to be of school age
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

109 Every child between 6 and 15 years of age to be enrolled
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

110 Enrolment with correspondence school
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

111 Certificate of exemption from enrolment
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

112 Exemption from enrolment by Director-General
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

112A Equal rights to education
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

113 Ascertainment of suitability of education of certain children
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

114 Compulsory enrolment in special school, etc., of certain children
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

115 Director-General may in certain circumstances direct that a child be sent to special school, etc.
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

116 Penalty for failure to enrol child
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

117 Every child required to be enrolled must attend school
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

117A Work exploration schemes
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

118 Certificate of exemption from attendance
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

119 Director-General may require certain children exempted from attendance to enrol at correspondence school
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Amendment Act 1989 (1989 No 80).

120 Penalty for irregular attendance at school
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

121 Employment of children of school age
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

122 Parents not to permit employment of children of school age
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

123 Appointment of Attendance Officers
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

124 Hearing of proceedings
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

125 Evidence of school roll, etc.
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

126 Onus of proof on parents
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

127 Fines to be paid into School or Board Funds
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

128 Maori and Chatham Islands schools
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

129 Limitations on enrolment at State Primary Schools
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

129A Enrolment schemes for secondary schools
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

129B Students to have access to reasonably convenient accommodation
  • [Repealed]

    Sections 107A-129B were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

129C Terms and Holidays
  • [Repealed]

    Section 129C was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Part 4A
Supsension and expulsion of pupils

130 Suspension of pupils
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130A Notification of suspension
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130B Suspension for specified period
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130C Suspension of pupil under 15 for unspecified period
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130D Suspension of pupil over 15 for unspecified period
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130DA Attendance at other schools of suspended or expelled pupils
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130E Delegation of powers of Boards and governing bodies
  • [Repealed]

    Sections 130-130E were repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

130F Suspension or expulsion of pupils from private schools
  • [Repealed]

    Section 130F was repealed, as from 19 December 1998, by section 60(a) Education Amendment Act (No 2) 1998 (1998 No 118). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.

Part 5
Appointment and employment of teachers

Registration of teachers

131 Teachers to be registered
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

132 Teachers Register
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

133 Publication of Register
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

134 Removal of certain names from Register
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

135 Cancellation of registration for misconduct
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

136 Notification of removal of name from Register
  • [Repealed]

    Sections 131-136 were repealed, as from 1 October 1989 by section 142(1) and (3) Education Act 1989 (1989 No 80).

136A Powers of Registration Board
136B Annual report
136C Register of Teachers
136D Applications for registration
136E Registration
136F Transitional
136G Annual publication of Register
136H Cancellation and suspension of registration
136I Appeals against decisions of Registration Board
136J Notification of decisions
136K Administrative and secretarial services
136L Only registered teachers to be employed
136M Offences in respect of persons who are not registered teachers

Constitution of committees for primary appointments

137 Appointments Committees
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

138 Central Advisory Committee
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

139 Extraordinary vacancies on Committees
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

140 Deputies of members
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

141 Member's travelling expenses
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

Appointment of primary teachers

  • Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

142 Appointment to positions
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

142A Retraining of teachers
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

143 School Committees to be notified of proposed appointments
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

Primary teachers appointment appeal board

144 Primary Teachers Appointment Appeal Board
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

145 Provisional appointments
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

145A Rights of Appeal
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

146 Notices to teachers with right to appeal
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

147 Notices of appeal, jurisdiction, etc.
  • [Repealed]

    Sections 137-147 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

Appointment of secondary teachers and teachers in technical institutes

148 Governing body may appoint teachers
  • [Repealed]

    Section 148 was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Appointment and employment of teachers—general

149 Teachers for special purposes
  • [Repealed]

    Section 149 was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

150 Married women as teachers
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

151 Restriction upon eligibility of teachers for appointment
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

152 Proposed transfers of secondary teachers and teachers at composite schools
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

152A Proposed transfer of primary teachers
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

153 Payment of overgrade salaries, etc.
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

154 Protection of teachers in certain cases
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

155 Duration of appointment of teacher
  • [Repealed]

    Sections 150-155 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

156 Interpretation
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

156A Teacher charged with offence to inform employing authority
157 Disciplinary action where teacher charged with serious offence
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

157A Teacher convicted of serious offence
158 Disciplinary offences
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

158A Disciplinary Board
158B Nomination of members of Disciplinary Board
159 Steps to be taken where offence alleged
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

159A Penalties for disciplinary offences
159B Employing authority may appeal against penalty
160 Notice of imposition of penalty
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

161 Appeals
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

161A Procedure for alleged offences by certain teachers
  • [Repealed]

    Section 156-161A were repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

161B Contracts of employment not affected
162 Teachers to take oath of allegiance
  • (1) No person shall be employed or shall continue to be employed, or shall act as a teacher, in any State primary school, secondary school, technical institute, community college, college of education, endowed school, or private school or in any teaching position under the control of the Department of Education or under an Education Board unless, in the case of a New Zealand citizen, he has made and subscribed an oath or affirmation of allegiance, and, in any other case, he has made and subscribed such an oath or affirmation or has made and subscribed in the prescribed form an oath or affirmation that he will not, directly or indirectly, use words or be concerned in any act which would be disloyal to Her Majesty if those words were spoken or written, or that act was committed, by a New Zealand citizen.

    (2) Any oath or affirmation required to be made under this section may be made and subscribed before a Justice of the Peace, or a solicitor of the High Court, or the Chairman of an Education Board or of the governing body or controlling authority of a secondary school, technical institute, community college, or college of education, or of a School Committee, and every such Justice, solicitor, and Chairman shall have authority to administer and receive any such oath or affirmation.

    (3) If any person is employed or continues to be employed, or acts, in a private school in contravention of this section, the managers of that private school commit an offence, and shall be jointly and severally liable on summary conviction to a fine not exceeding $100.

    Compare: 1921–22 No 27 s 11

    Subsection (1) was amended, as from 23 July 1990 by section 162(1)(b) Education Act 1989 (1989 No 80), by substituting the words college of education for the words teachers college.

    In subsection (1) the words community college were inserted by section 14(2) of the Education Amendment Act (No 2) 1974, and the words teachers college were inserted by section 9(1) of the Education Amendment Act 1972.

    Subsection (2) was amended, as from 23 July 1990 by section 162(1)(b) Education Act 1989 (1989 No 80), by substituting the words college of education for the words teachers college.

    In subsection (2) the words in single square brackets were substituted for the words or technical institute by section 9(2) of the Education Amendment Act 1972 and the words community college were inserted by section 14(2) of the Education Amendment Act (No 2) 1974.

    The words Supreme Court have been changed to High Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

    The words college of education were substituted, as from 23 July 1990, for the words teachers college pursuant to section 162(1)(b) Education Act 1989 (1989 No 80).

163 Teachers not to engage in other employment in certain circumstances
  • [Repealed]

    Section 163 was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

164 Control of officers of public service engaged as teachers
  • [Repealed]

    Section 164 was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

164A Teachers determinations
  • [Repealed]

    Sections 164A-164D were inserted by section 8 of the Education Amendment Act 1965 and repealed by section 57(2)(a) of the State Services Remuneration and Conditions of Employment Act 1969.

164B Amending determinations
  • [Repealed]

    Sections 164A-164D were inserted by section 8 of the Education Amendment Act 1965 and repealed by section 57(2)(a) of the State Services Remuneration and Conditions of Employment Act 1969.

164C Consolidating determinations
  • [Repealed]

    Sections 164A-164D were inserted by section 8 of the Education Amendment Act 1965 and repealed by section 57(2)(a) of the State Services Remuneration and Conditions of Employment Act 1969.

164D Conciliation
  • [Repealed]

    Sections 164A-164D were inserted by section 8 of the Education Amendment Act 1965 and repealed by section 57(2)(a) of the State Services Remuneration and Conditions of Employment Act 1969.

164E Extent of application of Industrial Relations Act 1973
  • [Repealed]

    Section 164E was repealed, as from 1 April 1988 by section 81(4) State Sector Act 1988 (1988 No 20).

165 Salaries and conditions of employment of teachers
  • [Repealed]

    Section 165 was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

165AA
165A Accounting and payment services for teachers' salaries
  • [Repealed]

    Section 165A was repealed, as from 17 May 2006, by section 61(3)(b) Education Amendment Act 2006 (2006 No 19).

Part 5A
Short-term appointments at technical institutes, community colleges, and colleges of education

[Repealed]

  • Part 5A (comprising section 165B) was inserted, as from 23 October 1981 by section 6 Education Amendment Act 1981 (1981 No 124), and was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

165B Governing bodies may make short-term appointments
  • [Repealed]

    Part 5A (comprising section 165B) was inserted, as from 23 October 1981 by section 6 Education Amendment Act 1981 (1981 No 124), and was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Part 5B
Employees of Education Authorities

[Repealed]

  • Part 5B (comprising sections 165C-165D) was inserted, as from 23 October 1981 by section 7(1) Education Amendment Act 1981 (1981 No 124), and was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

165C Education Authorities may appoint staff
  • [Repealed]

    Part 5B (comprising sections 165C-165D) was inserted, as from 23 October 1981 by section 7(1) Education Amendment Act 1981 (1981 No 124), and was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

165D Regulations relating to appointment of staff by Education Authorities
  • [Repealed]

    Section 165D was repealed, as from 23 July 1990 by section 50(5) Education Amendment Act 1990 (1990 No 60).

Part 6
Teachers incorporation and Court of Appeal

166 Interpretation
  • [Repealed]

    Section 166 was repealed, as from 20 July 1987 by section 27(a) Education Amendment Act (No 2) 1987 (1987 No 177).

Incorporation of societies of teachers

167 Applications for registration of societies
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

168 Registration and incorporation
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

169 Powers of incorporated societies
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

170 Rules of society
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

171 Effect of resignation of member
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

172 Returns by society
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

173 Restrictions on registration
  • [Repealed]

    Sections 167-173 were repealed, as from 1 October 1989 by section 8(1) State Sector Amendment Act 1989 (1989 No 67).

Appeals by teachers

174 Court of Appeal
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

175 Rights of Appeal
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

176 Appearance of parties
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

177 When teachers deemed to be dismissed
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

178 Decision of Court
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

179 Effect of decision in favour of appellant
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

180 Costs
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

181 Effect of non-attendance of members of court
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

182 Procedure on appeals
  • [Repealed]

    Section 174-182 was repealed, as from 19 December 1989 by section 32(1) State Sector Amendment Act (No 2) 1989 (1989 No 136).

Part 7
Inspection of schools

[Repealed]

  • Part 7 (comprising sections 183 to 186A) was repealed, as from 17 May 2006, by section 61(3)(c) Education Amendment Act 2006 (2006 No 19).

183 Inspection of schools
  • [Repealed]

    Section 183 was repealed, as from 1 January 1990 by section 12(2)(b) Education Amendment Act 1989 (1989 No 156).

184
185
186
186A Registration and inspection of courses of study at private colleges
  • [Repealed]

    Part 7 (comprising sections 183 to 186A) was repealed, as from 17 May 2006, by section 61(3)(c) Education Amendment Act 2006 (2006 No 19).

Part 8
General provisions

187 Exemptions from taxation
  • (1) Every Education Board and Secondary Schools Council, and every governing body of a secondary school, college of education, technical institute, or community college, being a school, college, or institute established or deemed to have been established under Part 3, and every education centre council, shall be deemed to be the agent of the Crown in respect of its property and the exercise of its functions, and shall be entitled accordingly to all the privileges which the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.

    (2) Nothing in subsection (1) exempts an Education Board, a Secondary Schools Council, the governing body of a secondary school, college of education, technical institute, or community college, or an education centre council, from—

    • (b) any obligation imposed by that Act.

    Compare: 1934 No 31 s 29

    Section 187:See section 50(5) of 1990 No 60.

    The words in the second set of single square brackets were substituted for the words or technical institute, being a school by section 14 of the Education Amendment Act 1971; and the words in double square brackets were substituted for the words or technical institute, by section 14(2) of the Education Amendment Act (No 2) 1974.

    Section 187 was further amended, as from 4 December 1974, by section 17(1) Education Amendment Act 1983 (1983 No 57) by inserting the words and Secondary Schools Council,.

    Section 187 was further amended, as from 20 July 1987, by section 26(3) Education Amendment Act (No 2) 1987 (1987 No 177) by inserting the words , and every education centre council,.

    The words college of education were substituted, as from 23 July 1990, for the words teachers college pursuant to section 162(1)(b) Education Act 1989 (1989 No 80).

    Subsection (2) was inserted, as from 11 March 1989, by section 18(2) School Trustees Act 1989 (1989 No 3).

188 Exemptions from rating
  • [Repealed]

    Section 188 was repealed, as from 1 April 1968, by section 177(1) Rating Act 1967 (1967 No 123).

189 Trustees of school may agree to place it under control of Board
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

190 Vesting of assets of school placed under control of Board
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

191 Controlling authority of a school or other educational institution may receive property for foundation of scholarships
  • [Repealed]

    Section 191 was repealed, as from 1 October 1989 by section 142(3) Education Act 1989 (1989 No 80).

192 Assistance to registered private schools
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

192A Research
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

193 Bursaries, scholarships, etc
  • [Repealed]

    Sections 193, 193A and 193B were repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

193AA Tertiary assistance grants appeal authority
  • [Repealed]

    Sections 193AA and 193AB were inserted, as from 14 December 1979, by section 5 Education Amendment Act 1979 (1979 No 148), and repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

193AB Procedure to be prescribed
  • [Repealed]

    Sections 193AA and 193AB were inserted, as from 14 December 1979, by section 5 Education Amendment Act 1979 (1979 No 148), and repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

193A Guidance and counselling of pupils
  • [Repealed]

    Section 193A was repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80), and was further repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

193B Forbidding attendance of pupil on grounds of want of cleanliness or suspicion of communicable disease
  • [Repealed]

    Section 193B was repealed, as from 1 October 1989, by section 142(3) Education Act 1989 (1989 No 80), and was further repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

194 Temporary or permanent closing of schools and institutions in cases of emergency
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

195 Wilful disturbance of school
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

196 Certificates as to education
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

196A School certificate examination
  • [Repealed]

    Section 196A was inserted, as from 23 December 1977, by section 9(1) Education Amendment Act 1977 (1977 No 91), and repealed, as from 23 July 1990, by section 50(5) Education Amendment Act 1990 (1990 No 60).

197 Bonds for entry to teaching
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

198 Right of Head Teachers and Principals to attend meetings of School Committees and school governing bodies
  • [Repealed]

    Section 198 was repealed, as from 18 May 1989 by section 24(6)(a) School Trustees Act 1989 (1989 No 3).

199 Occupation of teacher's house
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

200 Teacher refusing to give up a teacher's house on demand
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

201 Establishment of community centres
  • [Repealed]

    Section 201 was repealed, as from 20 July 1987, by section 9(3)(a) Education Amendment Act (No 2) 1987 (1987 No 177).

201A Interpretation of sections 201B to 201D
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

201B Transport assistance provided by Director-General
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

201C Delegation by Director-General of his powers and functions in relation to school transport assistance
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

201D Regulations for school transport assistance
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

201E Giving notice
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

202 Annual report
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

203 Regulations
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).

203A Building Act 1991
  • [Repealed]

    Section 203A was repealed, as from 1 July 1992, by section 22(1) Building Act 1991 (1991 No 150) (as amended by section 22(1) Building Amendment Act 1993 (1993 No 99)).

204 Repeals
  • [Repealed]

    Sections 189 to 204 were repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).


Schedule
Enactments repealed

s 204

[Repealed]

  • The Schedule was repealed, as from 17 May 2006, by section 61(3)(d) Education Amendment Act 2006 (2006 No 19).


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Education Act 1964. The eprint incorporates all the amendments to the Act as at 21 December 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)