Education Act 1989

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Part 1
Rights to primary and secondary education

2 Interpretation
  • (1) In this Part, and Parts 2, 3, and 11, of this Act, unless the context otherwise requires,—

    Assisted student means a foreign student who is in New Zealand to study under an assistance programme administered by the New Zealand Government

    Assisted student: this definition was inserted, as from 1 January 1990, by section 3(1) Education Amendment Act 1989 (1989 No 156).

    Board means a Board of Trustees constituted under Part 9 of this Act; and,—

    • (a) In relation to a school, means the school's Board; and

    • (b) In relation to a principal, means the Board of the principal's school:

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

    Composite school has the same meaning as in section 145(1) of this Act

    Composite school: this definition was inserted, as from 1 January 1990, by section Education Amendment Act 1989 (1989 No 156).

    Correspondence school has the same meaning as in section 145(1) of this Act

    Correspondence School: this definition was substituted, as from 1 January 1990, by section 15(1) Education Amendment Act 1989 (1989 No 156).

    doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

    doctor: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

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

    • (a) A New Zealand citizen; or

    • (b) the holder of a residence permit under the Immigration Act 1987 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or.

    • (c) By virtue of paragraph (a) or paragraph (b) or paragraph (f) of section 11(1) of that Act, exempt from the requirement to hold a permit granted under that Act; or

    • (d) Exempted under section 12 of that Act from the requirement to hold a permit granted under that Act; or

    • (e) 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:

    Domestic student: this definition was inserted, as from 1 January 1990, by section 52(2) Education Amendment Act 1989 (1989 No 156).

    Domestic student: this definition was substituted, as from 23 July 1990, by section 2(1) Education Amendment Act 1990 (1990 No 60).

    Domestic student: paragraph (b) of this definition was substituted, as from 1 January 2003, by section 4(1) Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

    Enrolment scheme means a scheme adopted (and not since abandoned) under section 11H; and includes any amendments to the scheme that have been adopted under section 11M

    Enrolment scheme: this definition was inserted, as from 20 June 1991, by section 6(1) Education Amendment Act 1991 (1991 No 43).

    Enrolment Scheme: this definition was substituted, as from 19 December 1998, by section 2 Education Amendment Act (No 2) 1998 (1998 No 118). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.

    Enrolment Scheme: this definition was amended, as from 8 July 2000, by section 26(1) Education Amendment Act 2000 (2000 No 21) by substituting the expressions section 11H and section 11M for the expressions section 11G and section 11K respectively.

    Exempt student means a foreign student who—

    • (a) Is in New Zealand to study under an exchange programme approved by the New Zealand Government; or

    • (b) Is for the time being exempted under section 4C of this Act:

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

    Exempt student: paragraph (b) of this definition was amended, as from 1 January 1992, by section 3(2) Education Amendment Act (No 4) 1991 (1991 No 136) by substituting the expression 4C for the expression 4A(1).

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

    Foreign student: this definition was substituted, as from 23 July 1990, by section 2(1) Education Amendment Act 1990 (1990 No 60).

    Hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

    Hostel: this definition was inserted, as from 25 October 2001, by section 3 Education Standards Act 2001 (2001 No 88). See sections 65 to 68 of that Act for transitional provisions.

    Intermediate school has the same meaning as in section 145(1) of this Act

    Intermediate school: this definition was inserted, as from 1 January 1990, by section 15(1) Education Amendment Act 1989 (1989 No 156).

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11, of this Act

    Minister: this definition was substituted, as from 1 January 1992, by section 2(1) Education Amendment Act (No 4) 1991 (1991 No 136).

    Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11, of this Act

    Ministry: this definition was substituted, as from 1 January 1992, by section 2(1) Education Amendment Act (No 4) 1991 (1991 No 136).

    Overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

    Overcrowding: this definition was inserted, as from 20 June 1991, by section 6(1) Education Amendment Act 1991 (1991 No 43).

    Parent, in relation to any person, means a person who is the person's mother, father, or guardian

    Primary school has the same meaning as in section 145(1) of this Act

    Primary school: this definition was substituted, as from 1 January 1990, by section 15(1) Education Amendment Act 1989 (1989 No 156).

    Principal means the chief executive of a state school or an institution established under this Act; and, in relation to a school or an institution, a person enrolled at a school or institution, or the enrolment of a person at a school or institution, means the principal of the school or institution

    Registered school means a school that is a state school, or a school registered under section 35A of this Act

    Registered school: this definition was substituted, as from 1 January 1990, by section 9(2) Education Amendment Act 1989 (1989 No 156).

    Secondary school has the same meaning as in section 145(1) of this Act

    Secondary school: this definition was substituted, as from 1 January 1990, by section 15(1) Education Amendment Act 1989 (1989 No 156).

    Secretary means the chief executive of the Ministry

    Special education means education or help from a special school, special class, special clinic, or special service

    State school means a school that is a primary school, a composite school, or a secondary school

    Student, in relation to a school or institution, means a person enrolled at the school or institution

    Walking distance, in relation to travel between a person's residence and a school,—

    • (a) Where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or combination of both) between the residence and the school; and

    • (b) Where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or combination of both) or, where the sum is greater in one direction than the other, the greater sum:

      • (i) The distance between the residence and the place where public transport must first be taken (or, as the case may be, finally be left); and

      • (ii) The distance between the school and the place where public transport must finally be left (or, as the case may be, first be taken); and

      • (iii) Every intermediate distance between one element of public transport and another:

    (2) In this Part, and Parts 2 and 3, of this Act, unless the context otherwise requires, the terms special class, special clinic, special school, and special service have the meanings assigned to them by section 2 of the Education Act 1964.

    (3) In the absence of proof to the contrary,—

    • (a) A certificate signed by the chief executive of the Ministry of Foreign Affairs and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an assistance programme administered by the New Zealand Government; or

    • (b) A certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be in New Zealand to study under an exchange programme approved by the New Zealand Government,—

    is, for the purposes of subsection (1) of this section, conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.

    (4) The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence permit under the Immigration Act 1987 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

    (5) Regulations made under subsection (4),—

    • (a) if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by Act of Parliament passed during that year; and

    • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by Act of Parliament passed before the end of that following year.

    (6) The expiry of regulations made under subsection (4) does not affect the validity of any act done pursuant to, or in accordance with, the regulations before the date on which the regulations expire.

    Subsection (2) was amended, as from 1 January 1990, by section 15(2) Education Amendment Act 1989 (1989 No 156) by omitting the expression composite school.

    Subsection (3) was inserted, as from 1 January 1990, by section 3(2) Education Amendment Act 1989 (1989 No 156).The reference to the Ministry of Foreign Affairs and Trade in paragraph (a) replaced an earlier reference to the Ministry of External Relations and Trade pursuant to section 9(2) Foreign Affairs Amendment Act 1993 (1993 No 48).

    Subsections (4) to (6) were inserted, as from 1 January 2003, by section 4(2) Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).