Private Schools Conditional Integration Act 1975

7 Integration agreement

(1)

The Minister has the sole right to approve the establishment of a private school as an integrated school.

(2)

The Minister must signify his or her approval by entering into a deed of agreement (an integration agreement) with the proprietors.

(3)

No proprietors shall be competent to execute an integration agreement unless the proprietors are constituted as a body corporate empowered to own land under an enactment of the Parliament of New Zealand. Any such proprietors shall have all such powers as are necessary to enable them to enter into an integration agreement.

(4)

Every such integration agreement shall record the agreement of the proprietors that no person employed at the school and paid for his services in whole or in part out of money appropriated by Parliament shall be paid by the proprietors or their servants or agents any remuneration additional to that provided for by this Act, or shall be granted or permitted any condition of service more favourable than that permitted in the case of a person employed in a State school.

(5)

Any such integration agreement may record such terms and conditions relating to the integration of the school and not contrary to the express provisions of this Act as may be agreed between the Minister and the proprietors, notwithstanding that specific provision for such terms or such conditions is not provided for in this Act.

(6)

Without restricting the provisions that may be included in an integration agreement, any integration agreement may include provisions for all or any of the following matters:

(a)

specifying the land and buildings which shall constitute the integrated school to which the agreement refers:

(b)

specifying any part of the land or buildings owned or leased by the proprietors and used in conjunction with the school before integration which shall not constitute part of the integrated school:

(c)

describing the education with a special character for which the school was originally established:

(d)
[Repealed]

(e)
[Repealed]

(f)

prescribing the religious instruction and observances which are to form part of the school programme after integration, which instruction and observances may be prescribed in terms providing that they shall be such as accord with practices, rites, and doctrines of a designated religious or philosophical body as from time to time determined by a designated member or designated members of that body:

(g)

providing for the determination from time to time of the maximum number of pupils who may be enrolled in the school:

(h)

permitting limitation of the number of children not given preference of enrolment under the provisions of section 29 who shall be required to be enrolled if places are available:

provided that in determining the basis of such limitation regard shall be had only to the necessity of preserving and safeguarding the education with a special character which the school provides:

(i)

any other particular matter which bears upon the education with a special character for which the school was originally established:

(j)

any other matter which this Act provides or contemplates may be the subject of provision in the integration agreement.

(7)

Any proprietor or proprietors may enter into agreements for the integration of more than 1 school.

(8)

There shall be a separate integration agreement for each school that is to become an integrated school.

(9)

If the Minister and the proprietors so agree, the terms of an integration agreement may from time to time be varied by a supplementary agreement.

(9A)

Despite subsection (1), the Minister’s power under subsection (9) to enter into a supplementary agreement may be delegated under section 28 of the State Sector Act 1988.

(10)

An integration agreement shall for all purposes be a binding agreement between the proprietors and Her Majesty the Queen.

Section 7(1): replaced, on 19 December 1998, by section 4(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 7(2): replaced, on 19 December 1998, by section 4(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 7(3): amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

Section 7(6)(b): amended, on 19 December 1998, by section 4(2) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 7(6)(d): repealed, on 1 October 1989, by section 141 of the Education Act 1989 (1989 No 80).

Section 7(6)(e): repealed, on 1 October 1989, by section 141 of the Education Act 1989 (1989 No 80).

Section 7(9A): inserted, on 29 October 2016, by section 105 of the Education Legislation Act 2016 (2016 No 72).

Section 7(10): inserted, on 29 July 1977, by section 4(3) of the Private Schools Conditional Integration Amendment Act 1977 (1977 No 10).