2 Interpretation

• (1) In this Part, and Parts 2, 3, and 11, 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

  board means a board of trustees constituted under Part 9; 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)

  correspondence school has the same meaning as in section 145(1)

  crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961

  criteria for registration, in relation to a private school or proposed private school, means the criteria set out in section 35C

  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

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

  • (a) a New Zealand citizen; or

  • (b) the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); 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

  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

  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

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

  government training establishment has the same meaning as it has in section 159

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

  industry training organisation has the same meaning as in section 2 of the Industry Training Act 1992

  institution has the same meaning as it has in section 159

  intermediate school has the same meaning as in section 145(1)

  lead provider means a provider of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31F as a lead provider

  managers of a private school means all the people who control and manage the school, whether or not they have a proprietary interest in it

  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

  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

  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

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

  participating student means a student undertaking a secondary-tertiary programme who is enrolled in any of the following:

  • (a) a secondary school:

  • (b) a composite school:

  • (c) a school that is registered under section 35A, other than a school registered under that section only as a primary school:

  • (d) a special school that is a relevant school within the meaning of section 246

  primary school has the same meaning as in section 145(1)

  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

  provider group means a group of providers of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31B as a provider group

  registered establishment has the same meaning as it has in section 159

  registered school means a school that is a State school, or a school registered under section 35A

  review officer has the same meaning as it has in section 323

  secondary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of participation in secondary education, whether or not provided by the school in which the participating student is enrolled

  secondary school has the same meaning as in section 145(1)

  secondary-tertiary programme has the meaning given to it in section 31A

  Secretary means the chief executive of the Ministry

  serious criminal activity means any offence involving fraud, violence, or harm to children, any sexual offence, or any crime involving dishonesty

  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, a secondary school, or a special school

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

  tertiary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of the participating student's apprenticeship training (as defined in section 5 of the Modern Apprenticeship Training Act 2000), or participation in tertiary education that—

  • (a) is provided by any 1 or more of the following:

    • (i) a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

    • (ii) the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

    • (iii) a government training establishment:

    • (iv) an institution:

    • (v) a registered establishment; and

  • (b) may include work experience (other than work experience obtained by a student under section 71) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme

  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, unless the context otherwise requires, a special school, special class, special clinic, or special service means a school, class, clinic, or service established under section 98(1) of the Education Act 1964 as a special school, special class, special clinic, or special service respectively.

  (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), 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 class visa granted under the Immigration Act 2009 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.

  Section 2(1) assisted student: inserted, on 1 January 1990, by section 3(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) composite school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) correspondence school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) crime involving dishonesty: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) criteria for registration: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) doctor: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  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) enrolment scheme: substituted, on 19 December 1998, by section 2 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 2(1) enrolment scheme: amended, on 8 July 2000, by section 26(1) of the Education Amendment Act 2000 (2000 No 21).

  Section 2(1) exempt student: inserted, on 1 January 1990, by section 3(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) exempt student paragraph (b): amended, on 1 January 1992, by section 3(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) foreign student: substituted, on 23 July 1990, by section 2(1) of the Education Amendment Act 1990 (1990 No 60).

  Section 2(1) government training establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) hostel: inserted, on 25 October 2001, by section 3 of the Education Standards Act 2001 (2001 No 88).

  Section 2(1) industry training organisation: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) institution: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) intermediate school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) lead provider: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) managers of a private school: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) Minister: substituted, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) Ministry: substituted, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 2(1) overcrowding: inserted, on 20 June 1991, by section 6(1) of the Education Amendment Act 1991 (1991 No 43).

  Section 2(1) participating student: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) primary school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) provider group: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) registered establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) registered school: substituted, on 1 January 1990, by section 9(2) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) review officer: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) secondary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) secondary school: substituted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(1) secondary-tertiary programme: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) serious criminal activity: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(1) State school: amended, on 20 May 2010, by section 4(1) of the Education Amendment Act 2010 (2010 No 25).

  Section 2(1) tertiary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 2(2): substituted, on 20 May 2010, by section 4(2) of the Education Amendment Act 2010 (2010 No 25).

  Section 2(3): added, on 1 January 1990, by section 3(2) of the Education Amendment Act 1989 (1989 No 156).

  Section 2(3)(a): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

  Section 2(4): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 2(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

  Section 2(5): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

  Section 2(6): added, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

3 Right to free primary and secondary education

• Except as provided in this Act or the Private Schools Conditional Integration Act 1975, every person who is not a foreign student is entitled to free enrolment and free education at any State school during the period beginning on the person's fifth birthday and ending on 1 January after the person's 19th birthday.

  Compare: 1964 No 135 ss 75(2), 85(1)

3A Restriction on attendance at certain schools

• [Repealed]

  Section 3A: repealed, on 25 October 2001, by section 4 of the Education Standards Act 2001 (2001 No 88).

4 Enrolment of foreign students

• (1) Subject to section 4A(3), a foreign student—

  • (a) shall not be enrolled at a State school without the board's consent; and

  • (b) shall not be enrolled in special education without the consent of the person or body administering the institution or service concerned.

  (2) Subject to section 4B and to subsections (3) and (4) of this section, once enrolled at a State school or in special education a foreign student has the same rights to remain enrolled, and to tuition, at the school as a domestic student.

  (3) Except as provided in subsection (5) or subsection (6), no foreign student who is not an exempt student shall be enrolled at a State school if the student's enrolment has the effect that a domestic or exempt student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.

  (4) Except as provided in subsection (5) or subsection (6), no foreign student who is not an exempt student shall be enrolled in any subject, course, or programme at a State school if the student's enrolment has the effect that a domestic or exempt student who is entitled to enrol in the subject or course and has applied for enrolment in it is not able to be enrolled in it.

  (5) Any assisted student may be enrolled at a State school, or in a subject, course, or programme at a State school, by agreement between the board and the chief executive of the Ministry of Foreign Affairs and Trade.

  (6) Notwithstanding that domestic and exempt students may not be able to be enrolled, a foreign student who is not an exempt student may be enrolled at a State school, or in any subject, course, or programme at a State school, if the enrolment is in a vacant place—

  • (a) that the board established for foreign students; and

  • (b) whose continued availability is dependent on the fees payable by foreign students enrolled in it.

  (7) As soon as is practicable after a foreign student is enrolled at a State school, the principal shall give the Secretary written notice of—

  • (a) the student's name, age, and nationality; and

  • (b) the day on which the student began (or will begin) to receive tuition at the school.

  (8) Notwithstanding anything in this section or section 4B, with the consent of the principal, a foreign student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves for any particular student), receive tuition at or from a State school—

  • (a) without the consent of the board; and

  • (b) without paying the amount required by section 4B;—

  but in that case the student shall not be counted for the purpose of calculating or ascertaining the schools entitlement to teachers or funding.

  Section 4: substituted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 4(1)(b): amended, on 20 May 2010, by section 5 of the Education Amendment Act 2010 (2010 No 25).

  Section 4(5): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

4A Certain foreign students may enrol at State schools as of right

• (1) The Minister may from time to time, by notice in the Gazette, declare foreign students of a specified kind or description to be entitled to enrol at State schools.

  (2) A notice may be unconditional, or subject to conditions specified in it.

  (3) Subject to—

  • (a) the conditions (if any) specified in the notice; and

  • (b) section 4B,—

  a foreign student of a kind or description for the time being specified in a notice under subsection (1) has the same rights to enrolment and tuition at State schools as a domestic student.

  Section 4A: substituted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

4B Fees for foreign students

• (1) Subject to section 4(8), no foreign student shall receive tuition in any subject, course, or programme at a State school unless there has been paid to the board an amount fixed by the board that is not less than the sum of the following amounts:

  • (a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student:

  • (b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:

  • (c) the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

  • (d) all other fees (if any) prescribed by the board.

  (2) Nothing in subsection (1) prevents a board's accepting by instalments any amount required by that subsection to be paid; but subject to section 4(8), no foreign student shall at any time continue to receive tuition in any subject, course, or programme at a State school unless the sum of the following amounts is less than the sum of the instalments paid up to that time:

  • (a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:

  • (b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:

  • (c) the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

  • (d) all other fees (if any) prescribed by the board.

  (3) Where a foreign student has after 31 December 1989 received tuition in a subject, course, or programme at a State school without paying the full amount required by subsection (1) in respect of the subject, course, or programme, the board may, in any court of competent jurisdiction, recover the underpayment from the student (or, as the case requires, a parent of the student), as a debt due to the board.

  (4) In any year, the amount of any grant for a board in respect of a school it administers may be reduced from what it would otherwise have been by any amount by which (in the Secretary's opinion), by virtue of the fact that the full amount required by subsection (1) in respect of a subject, course, or programme at the school in which a foreign student was enrolled has not been paid to the board, the student's education has been subsidised by money appropriated by Parliament.

  (5) No grant shall be reduced under subsection (4) unless the Secretary has given the board concerned written notice of the circumstances taken into account when the proposed reduction was decided on.

  (6) Where a board disputes that a grant should be reduced under subsection (4), or disputes the amount by which it should so be reduced, the following provisions shall apply:

  • (a) the board may, within 28 days of getting notice from the Secretary under subsection (5), by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:

  • (b) if, within 14 days of getting the board's notice, the Secretary has agreed an arbitrator with the board, the agreed arbitrator shall settle the dispute:

  • (c) if, within 14 days of getting the board's notice, the Secretary has not agreed an arbitrator with the board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the board shall settle the dispute:

  • (d) the arbitrator's decision is final.

  (7) Where at any time a foreign student withdraws from a subject, course, or programme at a State school, the board may refund to the person who paid (in respect of the student's enrolment in the subject, course, or programme) the amount of the fees referred to in subsection (1) (or the sum of any instalments paid in respect of those fees) any amount it thinks appropriate not exceeding the extent (if any) by which the amount paid exceeds the sum of the following amounts:

  • (a) the board's best estimate of the cost to the board (including the appropriate proportion of the board's administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:

  • (b) an amount that is in the board's opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board's capital facilities:

  • (c) the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

  • (d) all other fees (if any) prescribed by the board.

  Section 4B: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

4C Minister may exempt certain foreign students from payment of fees

• The Minister may, by notice in the Gazette, exempt foreign students of a particular kind or description from the payment of all or a specified proportion or amount of the amount required by section 4B to be paid; and that section shall have effect accordingly.

  Section 4C: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

4D Boards to reimburse the Crown for expenditure in respect of foreign students

• (1) Before 1 July in every year, the Minister shall, by notice in the Gazette, set fees to be paid by boards in respect of foreign students enrolled at State schools in the following year.

  (2) Fees may be set in respect of all or any of the following:

  • (a) all State schools, State schools of a specified kind or description, or specified State schools:

  • (b) all foreign students, or foreign students of a specified kind or description:

  • (c) all subjects, courses, and programmes; subjects, courses, and programmes of a specified kind or description; or specified subjects, courses, or programmes.

  (3) Within 28 days of the first day in any year on which a foreign student enrolled at a State school attends the school, the board shall pay to the Secretary the appropriate fee (if any) prescribed under subsection (1).

  (3A) The Minister may pay to the proprietors of an integrated school whose board has paid a fee under this section a portion of that fee, as determined in accordance with a formula prescribed under subsection (3B), for the purpose of reimbursing the proprietors for that part of the levy associated with the use of capital assets owned by the proprietors.

  (3B) The Minister must, by notice in the Gazette, prescribe a formula for the payment of money under subsection (3A), and may prescribe different formulae to apply to different schools or classes of school.

  (4) If before 1 July in any year the Minister has not set under subsection (1) fees to be paid by boards in respect of foreign students enrolled at State schools in the following year, there shall be deemed to have been set under that subsection the fees set (or deemed to have been set) in the year before.

  Section 4D: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 4D(3A): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

  Section 4D(3B): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

4E Courses for foreign students

• (1) The board of a State school or the managers of a school registered under section 35A must not establish, or permit any student to enrol or continue to be enrolled in, any class, course, or programme, intended exclusively or mainly for foreign students, unless the class, course, or programme is for the time being approved by the New Zealand Qualifications Authority.

  (2) The New Zealand Qualifications Authority must not approve a class, course, or programme under subsection (1) unless satisfied on reasonable grounds that—

  • (a) the school has or will have adequate staff, equipment, and premises to provide it; and

  • (b) the standard of instruction provided in it will be no lower than the standard that would be expected in any similar class, course, or programme for domestic students.

  Section 4E: inserted, on 21 December 2010, by section 5 of the Education Amendment Act (No 3) 2010 (2010 No 134).

5 Restrictions on enrolment at primary school

• (1) No person under 5 shall be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school.

  (2) No person who turned 14 in any year shall be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school, in the next year.

  (3) No person who, in the opinion of the Secretary,—

  • (a) has completed the work of form 3; or

  • (b) has completed work equivalent to the work of form 2,—

  shall in any year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school.

  (4) Notwithstanding subsection (1), at any time before 1 January 1993, this Act shall apply to children attending pre-school classes at any school specified in section 3(2) of the Education Amendment Act 1990 as if they are enrolled at the school; but on that day, all those classes shall be deemed to have been disestablished.

  (5) Nothing in subsection (4) limits or affects section 308(4).

  Compare: 1964 No 135 s 109(1)

  Section 5(4): added, on 23 July 1990, by section 3(1) of the Education Amendment Act 1990 (1990 No 60).

  Section 5(5): added, on 23 July 1990, by section 3(1) of the Education Amendment Act 1990 (1990 No 60).

6 Restrictions on enrolment at secondary school

• No person who, in the opinion of the Secretary,—

  • (a) has not completed the work of form 2; and

  • (b) has not completed work equivalent to the work of form 2,—

  shall in any year be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, unless the person turned 13 before 1 April in the previous year.

  Compare: 1964 No 135 s 85(1)

7 Additional restrictions on enrolment at correspondence school

• (1) The Minister may from time to time, by notice in the Gazette, fix criteria for enrolment in early childhood, primary, and secondary classes at correspondence school; and different criteria may be fixed for all or any of the following:

  • (a) different correspondence schools:

  • (b) correspondence schools of different classes or descriptions:

  • (c) early childhood, primary, and secondary classes at correspondence school.

  (2) No person shall be enrolled at a correspondence school unless—

  • (a) the board is satisfied that the person's enrolment meets criteria then fixed under subsection (1); or

  • (b) the person is entitled under section 3 to free education at a State school, and the Secretary has directed the board to enrol the person.

  (3) The Secretary shall not direct the board of a correspondence school to enrol a person unless satisfied that the person cannot conveniently attend any State school (being a school offering education at the level, and in the subjects, required by the person's parents or, as the case requires, the person) that is not a correspondence school.

  (4) If satisfied that a person who is enrolled at a correspondence school pursuant to a direction under subsection (2)(b) can conveniently attend a State school (being a school offering education at the level, and in the subjects, required by the person's parents or, as the case requires, the person) that is not a correspondence school, the Secretary may notify the board of the fact; and in that case the board shall cancel the person's enrolment unless the board is satisfied that the person's enrolment meets criteria then fixed under subsection (1).

  (5) If satisfied that—

  • (a) a person's enrolment at a correspondence school does not meet criteria then fixed under subsection (1); and

  • (b) there is not in force in respect of the person a direction under subsection (2)(b) relating to the school,—

  the board shall cancel the enrolment.

  (6) The board of a correspondence school may delegate to the principal the task of being satisfied that enrolments meet or do not meet criteria specified under subsection (1).

  (7) Every person lawfully enrolled at a correspondence school immediately before the commencement of this Act who is entitled under section 3 to free education at a State school shall be deemed to have been so enrolled pursuant to a direction given under subsection (2)(b) on that commencement.

  Compare: 1964 No 135 s 110

7A Certain domestic students may be required to pay fees for tuition from correspondence schools

• (1) No—

  • (a) domestic student who has turned 16 and is not enrolled full-time at a registered school; or

  • (ab) domestic student enrolled at a registered school that is not a State school; or

  • (b) domestic student for whom a current certificate under section 21(1) is held,—

  shall be or continue to be enrolled in a course, class, or programme at a correspondence school unless there has been paid to the board the appropriate fee (if any) for the time being prescribed by the board with the Minister's consent.

  (2) Nothing in subsection (1) gives any person a right to enrol at or receive tuition from a correspondence school.

  Section 7A: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

  Section 7A heading: amended, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

  Section 7A(1)(a): substituted, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

  Section 7A(1)(a): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 7A(1)(ab): inserted, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

7B Fees for evening classes, etc

• The board of a State school may refuse to allow any person to attend classes at the school—

  • (a) usually held outside normal school hours; and

  • (b) open to people not enrolled full-time at the school,—

  unless there have been paid to the board the fees (if any) prescribed by the board for attendance at those classes.

  Section 7B: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

8 Equal rights to primary and secondary education

• (1) Except as provided in this Part, people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at State schools as people who do not.

  (2) Nothing in subsection (1) affects or limits the effect of Part 2 (which relates to enrolment schemes and the suspension, expulsion, and exclusion of students).

  (3) Subsections (1) and (2) come into force on 1 January 1990.

  Compare: 1964 No 135 s 112A

9 Special education

• (1) If satisfied that a person under 21 should have special education, the Secretary shall—

  • (a) agree with the person's parents that the person should be enrolled, or direct them to enrol the person, at a particular State school, special school, special class, or special clinic; or

  • (b) agree with the person's parents that the person should have, or direct them to ensure that the person has, education or help from a special service.

  (2) Notwithstanding anything in this Act that relates to enrolment schemes, or in the enrolment scheme of any school, but subject to the rest of Part 2 (which relates to the suspension, expulsion, and exclusion of students), where there has been an agreement or direction under subsection (1), the person concerned shall be allowed to enrol at the State school, special school, special class, or special clinic, concerned or (as the case requires) to have education or help from the special service concerned.

  (3) Subject to section 10(4), where a direction has been given under subsection (1) in respect of a person, a parent who, more than 1 month after it was given, fails or refuses to comply with it commits an offence, and is liable on summary conviction to the penalty prescribed for failing to comply with section 20(1) (which relates to enrolling children at school).

  (4) No person shall be or continue to be enrolled at a special school, special class, or special clinic, or have or continue to have education or help from a special service, except pursuant to an agreement or direction under subsection (1).

  (5) Notwithstanding anything in section 5 or section 6,—

  • (a) a child under 5 may be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

  • (b) a person under 21 who turned 14 in any year may in any later year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

  • (c) a person under 21 who, in the opinion of the Secretary,—

    • (i) has not completed the work of form 2; and

    • (ii) has not completed work equivalent to the work of form 2,—

  may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school; and

  • (d) a person under 21 may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, on or after 1 January after the person's 19th birthday,—

  pursuant to an agreement or direction under subsection (1).

  (6) Subsections (1) to (5) come into force on 1 January 1990.

  (7) The provisions set out in Schedule 1 shall have effect during the period commencing on the commencement of this Act and ending with 31 December 1989.

  (8) Schedule 1 shall expire and be deemed to have been repealed with the close of 31 December 1989.

  Section 9(2): amended, on 8 July 2000, by section 26(2) of the Education Amendment Act 2000 (2000 No 21).

  Section 9 compare note: repealed, on 20 May 2010, by section 6 of the Education Amendment Act 2010 (2010 No 25).

10 Right of reconsideration

• (1) Subject to paragraphs (p) and (q) of subsection (6), any person's parent may, in accordance with this section, require the reconsideration of—

  • (a) any direction under subsection (1) of section 9 relating to the person; or

  • (b) if the person is not a foreign student, the Secretary's refusal to come to an agreement under that subsection relating to the person.

  (2) A requirement under subsection (1) shall be made to the Secretary in writing within 1 month of the direction or refusal concerned.

  (3) Subject to subsection (5), where a requirement under subsection (1) is made in respect of a direction given by the Secretary,—

  • (a) the direction shall not take effect—

    • (i) until the Secretary has reconsidered and confirmed it; or

    • (ii) where a requirement is made under subsection (4)(c), until that requirement has been considered by an arbitrator and the parent concerned has been told of the arbitrator's decision; and

  • (b) no offence is committed under section 9(3) for so long as the direction has not taken effect.

  (4) Where a requirement is made under subsection (1), the following provisions apply:

  • (a) if the requirement relates to a direction, the Secretary shall reconsider it and then—

    • (i) confirm it, or cancel it and issue another, or cancel it and refuse to issue another, as seems appropriate; and

    • (ii) notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

  • (b) if the requirement relates to a refusal, the Secretary shall reconsider whether or not the matter concerned should be agreed, and then—

    • (i) agree or refuse to agree to the matter with the parent concerned, as seems appropriate; and

    • (ii) notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

  • (c) a parent who is dissatisfied with the result of the reconsideration may, by notice in writing to the Secretary, require the result to be sent to an arbitrator.

  (5) Where—

  • (a) a requirement has been made under subsection (4)(c) in respect of the result of the reconsideration by the Secretary of a direction under section 9(1); and

  • (b) 1 month after the Secretary notified the parent concerned of the name of a person to represent the Secretary in the appointment of an arbitrator, the Secretary's representative and a nominee of the parent have not appointed an arbitrator,—

  the direction shall forthwith take effect, and section 9(2) shall have effect accordingly.

  (6) Where a parent makes a requirement under subsection (4)(c), the following provisions apply:

  • (a) the Secretary shall forthwith give the parent the names of 3 people:

  • (b) each person shall, in the opinion of the Secretary, have experience in or expert knowledge of special education, but shall not be an employee of the Ministry, or an employee or trustee of a board:

  • (c) within 14 days of being given the names, the parent shall tell the Secretary—

    • (i) which one of the people is acceptable; or

    • (ii) that none of them is acceptable, and the name of some other person who is:

  • (d) if within 14 days of being given the names the parent tells the Secretary that one of the people is acceptable, the person concerned shall be the arbitrator:

  • (e) if within 14 days of being given the names the parent does not comply with paragraph (c), the Secretary shall choose one of the 3 people to be the arbitrator:

  • (f) if within 14 days of being given the names the parent tells the Secretary that none of the people is acceptable, and the name of some other person who is, the Secretary shall forthwith accept or reject the other person:

  • (g) if the Secretary accepts the other person, the other person shall be the arbitrator:

  • (h) if the Secretary rejects the other person, the Secretary shall forthwith tell the other person the name of a person to act as the Secretary's agent in choosing an arbitrator; and the other person and the Secretary's agent shall, as soon as is possible, choose the arbitrator:

  • (i) once it is known who the arbitrator is, the Secretary shall give the arbitrator a copy of all the relevant documents:

  • (j) the arbitrator shall give the parent notice in writing that—

    • (i) the arbitrator has been appointed; and

    • (ii) the parent may make written submissions:

  • (k) on getting written submissions from the parent or 21 days after notifying the parent (whichever comes first), the arbitrator shall tell the parent and the Secretary when and where the arbitrator will hear the matter:

  • (l) the parent (or a nominee), a representative of the parent, the Secretary (or a nominee), and a representative of the Secretary may take part in the hearing, and may require the child or other person concerned to be produced:

  • (m) except as provided in this subsection, the arbitrator shall decide how the hearing proceeds:

  • (ma) if, at the hearing, the parent of the person concerned produces evidence about the person that was not available to the Secretary when the Secretary reconsidered the relevant direction or refusal to come to an agreement under section 9(1),—

    • (i) the arbitrator may not consider that evidence and must refer the case back to the Secretary:

    • (ii) the Secretary must reconsider the decision that was the subject of the arbitration, and subsection (4) applies to the Secretary's decision under this subparagraph with any necessary modifications:

  • (n) subject to paragraph (ma), after the hearing the arbitrator shall either confirm the Secretary's decision or direct the Secretary to make some decision that the Secretary could have made but did not:

  • (o) the Secretary shall comply with any order made:

  • (p) a parent has no right to require the reconsideration or reference to an arbitrator of a decision the Secretary has made pursuant to an arbitrator's direction:

  • (q) if the arbitrator confirms a decision of the Secretary to refuse to come to an agreement under section 9(1), no parent has a right to require the reconsideration or reference to an arbitrator of a further refusal made in respect of the same child or person within 12 months of the confirmation of the decision.

  (7) Subsections (1) to (6) come into force on 1 January 1990.

  Section 10(3)(b): amended, on 23 July 1990, by section 5 of the Education Amendment Act 1990 (1990 No 60).

  Section 10(6)(b): amended, on 28 February 2002, pursuant to section 95(1) of the Education Standards Act 2001 (2001 No 88).

  Section 10(6)(ma): inserted, on 19 December 1998, by section 4(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 10(6)(n): amended, on 19 December 1998, by section 4(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 10 compare note: repealed, on 20 May 2010, by section 7 of the Education Amendment Act 2010 (2010 No 25).

11 Limitations on enrolment at certain primary schools

• [Repealed]

  Section 11: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

11A Purpose and principles

• (1) The purpose of the enrolment scheme of a State school is—

  • (a) to avoid overcrowding, or the likelihood of overcrowding, at the school; and

  • (b) to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and

  • (c) to enable the Secretary to make the best use of existing networks of State schools.

  (2) In achieving its purpose, the enrolment scheme of every State school must, as far as possible, ensure that—

  • (a) the scheme does not exclude local students; and

  • (b) no more students are excluded from the school than is necessary to avoid overcrowding at the school.

  Section 11A: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11B Interpretation

• In sections 11C to 11PB, unless the context otherwise requires,—

  give notice means to publish a notice in a daily or community newspaper circulating in the area served by the school

  reasonably convenient school means a State school that a reasonable person living in the area in which the school is situated would judge to be reasonably convenient for a particular student, taking into account such factors as the age of the student, the distance to be travelled, the time likely to be spent in travel, the reasonably available modes of travel, common public transport routes, and relevant traffic hazards. The meaning may vary as between different schools depending on such matters as—

  • (a) whether the school is a single sex or co-educational school:

  • (b) whether the school is an ordinary State school, a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school:

  • (c) whether the school is a primary, intermediate, secondary, composite, or area school

  special programme means a programme, or a programme of a type, that the Secretary has, by notice in the Gazette, approved as a special programme, and—

  • (a) that provides—

    • (i) special education; or

    • (ii) Maori language immersion classes; or

    • (iii) any other type of specialised education to overcome educational disadvantage; or

  • (b) that is a programme—

    • (i) that takes a significantly different approach in order to address particular student needs; and

    • (ii) that would not be viable unless it could draw from a catchment area beyond the school's home zone; and

    • (iii) to which entry is determined by an organisation or process that is independent of the school.

  Section 11B: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11C Content of enrolment scheme

• (1) A school's enrolment scheme must—

  • (a) define a home zone for the school; and

  • (b) set out the pre-enrolment procedures for selecting applicants who live outside the home zone; and

  • (c) identify any special programmes offered by the school and the criteria on which students will be accepted onto any special programme.

  (2) The procedures described in subsection (1)(b) must be consistent with section 11F and any relevant instructions issued by the Secretary under section 11G.

  Section 11C: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11D Effect of home zone

• (1) Subject to the provisions of this Act, a person who lives in the home zone of a school that has an enrolment scheme is entitled at any time to enrol at that school.

  (2) An applicant for enrolment at a school with an enrolment scheme who lives outside the school's home zone is entitled to enrol at the school only—

  • (a) if he or she is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or

  • (b) if the Secretary has agreed or directed under section 9, or directed under section 11P, section 16, section 17D, or section 18A, that the student be enrolled at the school; or

  • (c) if—

    • (i) the student has been excluded or expelled from another school (school A); and

    • (ii) the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and

    • (iii) the Secretary endorses the proposal.

  Section 11D: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11D(2)(b): amended, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

  Section 11D(2)(c): added, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

11E How a school defines its home zone

• (1) A State school's home zone must be defined by geographic boundaries, and must be described in such a way that any given address is either within or outside the home zone.

  (2) A school's home zone—

  • (a) must be an area for which the school is a reasonably convenient school for a student living in that area to attend; and

  • (b) may exclude any area for which another school is also a reasonably convenient school for a student living in that area to attend; and

  • (c) may exclude any area that it is desirable to exclude for the purpose of allowing the Secretary to make best use of the existing network of State schools in the area.

  Section 11E: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11E(2)(c): amended, on 20 May 2010, by section 8 of the Education Amendment Act 2010 (2010 No 25).

11F How to select applicants who live outside home zone

• (1) The order of priority in which applicants who live outside a school's home zone are to be offered places at the school is as follows:

  • (a) first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:

  • (b) second priority must be given to any applicant who is the sibling of a current student of the school:

  • (c) third priority must be given to any student who is the sibling of a former student of the school:

  • (d) fourth priority must be given to any applicant who is a child of a former student of the school:

  • (e) fifth priority must be given to any applicant who is either a child of an employee of the board of the school or a child of a member of the board of the school:

  • (f) sixth priority must be given to all other applicants.

  (2) If there are more applicants in the second, third, fourth, fifth, or sixth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G.

  (3) For the purposes of this section, child A is the sibling of child B if—

  • (a) both children share a common parent; or

  • (b) a parent of child A is married to, or in a civil union with, a parent of child B; or

  • (c) a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B's parent died; or

  • (d) a parent of child A is the de facto partner of a parent of child B; or

  • (e) both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or

  • (f) the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.

  (4) If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.

  (5) Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A.

  Section 11F: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11F(1)(d): substituted, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 11F(1)(e): substituted, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 11F(1)(f): added, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 11F(2): amended, on 21 December 2010, by section 6(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 11F(3)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 11F(3)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

  Section 11F(3)(d): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

11G Instructions and guidelines on operation of enrolment schemes

• (1) The Secretary may issue instructions to State schools that have enrolment schemes about the following matters:

  • (a) the procedures for holding ballots:

  • (b) the dates on which ballots are to be held:

  • (c) the establishment and maintenance of waiting lists:

  • (d) the information to be given to applicants who live outside the school's home zone:

  • (e) any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.

  (2) Instructions issued under subsection (1)—

  • (a) must be complied with by schools; and

  • (b) may apply to all or specified schools or classes of school; and

  • (c) must be notified in the Gazette, either in full, or by a notice outlining the content of the instructions and saying where a copy can be obtained, and the date on which the instructions take effect; and

  • (d) may be amended or revoked, in which case notice of the amendment or revocation must be given in the Gazette, as described in paragraph (c).

  (3) The Secretary may issue guidelines to State schools about any or all of the following matters:

  • (a) the basis on which the Secretary's powers in relation to enrolment schemes may be exercised (including, in particular, the power in section 11P(2)(a) relating to the determination of whether an applicant lives within a home zone or outside it):

  • (b) the kinds of amendments to enrolment schemes that are minor amendments for the purpose of section 11MA, or the criteria for deciding what is a minor amendment, or both:

  • (c) the manner in which schools must conduct reviews under section 11OA (which relates to the review of a student's enrolment).

  Section 11G: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11G(3): substituted, on 25 October 2001, by section 6 of the Education Standards Act 2001 (2001 No 88).

11H Process for developing and adopting enrolment scheme

• (1) If the Secretary gives a written notice to a State school that there is, or is likely to be, overcrowding at the school, the board of the school must develop an enrolment scheme for the school.

  (2) A board may not begin developing an enrolment scheme unless it has received a written notice of the type referred to in subsection (1).

  (3) When developing a proposed enrolment scheme, a board must consult with whatever persons and organisations it considers appropriate and, in particular, must take all reasonable steps to discover and consider the views of—

  • (a) the parents of students at the school; and

  • (b) the people living in the area for which the school is a reasonably convenient school; and

  • (c) the students and prospective students of the school (depending on their age and maturity); and

  • (d) the boards of other schools that could be affected by the proposed enrolment scheme.

  (4) In addition to the consultation required by subsection (3),—

  • (a) the board of a Kura Kaupapa Maori must consult with the persons and organisations that the board believes have an interest in fostering the school's adherence to Te Aho Matua and any special characteristics set out in the school's charter:

  • (b) the board of a designated character school must consult with those persons and organisations that the board believes have an interest in fostering the aims, purposes, and objectives that constitute the school's different character:

  • (c) the board of an integrated school must consult with the school's proprietors.

  (5) If the Secretary approves a proposed enrolment scheme for a State school, the school's board must pass a resolution adopting the scheme as soon as practicable.

  Section 11H: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11I Proposed enrolment schemes to be approved by Secretary

• (1) The Secretary may approve the proposed enrolment scheme of a State school only if he or she is satisfied that—

  • (a) the scheme complies, as far as possible, with the purpose and principles of enrolment schemes as set out in section 11A; and

  • (b) the definition of the school's home zone in the enrolment scheme ensures that students can attend a reasonably convenient school; and

  • (c) the boundaries of the school's home zone overlap or are contiguous with the boundaries of the home zone of any adjacent State school that has an enrolment scheme; and

  • (d) the scheme promotes the best use of the network of State schools in the area; and

  • (e) the procedures for determining which applicants who live outside the home zone will be offered places at the school comply with section 11F and any instructions issued under section 11G; and

  • (f) the board has carried out adequate consultation under section 11H.

  (2) If a board and the Secretary are unable to reach agreement about the content of the school's enrolment scheme or proposed enrolment scheme, the Secretary may require the board to amend the scheme or proposed scheme in the manner required by the Secretary.

  (3) A board that receives a requirement under subsection (2) must, as soon as practicable, change its enrolment scheme or proposed enrolment scheme to give effect to the Secretary's requirement, and the board need not obtain separate approval from the Secretary for the change.

  Section 11I: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11J Information about school's enrolment scheme

• (1) When the board of a State school adopts an enrolment scheme, it must give notice of the fact that it has adopted an enrolment scheme, and the notice must include—

  • (a) a general description of the school's home zone; and

  • (b) information about where copies of the enrolment scheme may be viewed and obtained.

  (2) Each year, the board of a school that has an enrolment scheme must give notice of—

  • (a) the likely number of out-of-zone places; and

  • (b) the significant pre-enrolment dates and procedures; and

  • (c) the date or dates on which any ballot will be held.

  (3) The following must be available for inspection at the school at all reasonable times:

  • (a) a copy of the school's current enrolment scheme:

  • (b) a copy of the results of the most recent ballot for places at the school:

  • (c) a copy of the waiting list for places at the school:

  • (d) if it is available, information about the matters listed in subsection (2).

  Section 11J: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11K Commencement of enrolment scheme

• (1) An enrolment scheme for a primary school commences on the date 3 months after the day of its adoption, or on a later date specified in the scheme.

  (2) An enrolment scheme for a secondary or composite school commences on 1 January in the year following the year in which it was adopted, or on a later date specified in the scheme and agreed to by the Secretary.

  (3) Despite subsections (1) and (2), the Secretary may, on application by a board, authorise the early commencement of an enrolment scheme if he or she considers that early commencement is appropriate.

  (4) If the Secretary gives authorisation for early commencement after the board has given notice of the enrolment scheme, the board must give notice showing the revised date on which the scheme will commence.

  Section 11K: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11L End of enrolment scheme

• (1) The board of a school may by resolution, in accordance with this section, abandon an enrolment scheme, in which case the scheme ends on the date specified in the resolution.

  (2) A board may not resolve to abandon an enrolment scheme unless it has received written notice from the Secretary authorising it to do so.

  (3) The Secretary may at any time, by notice in writing, require the board of a State school to abandon its enrolment scheme on the grounds that the Secretary is satisfied that there is not, or is not likely to be, overcrowding at the school if the enrolment scheme is abandoned; and the board must resolve at its next meeting to abandon the scheme.

  (4) When a board abandons an enrolment scheme, it must—

  • (a) notify the Secretary of the date on which the enrolment scheme ended or will end; and

  • (b) give notice of the date on which the scheme ended or will end.

  Section 11L: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11M Amendment of enrolment scheme

• (1) The board of a State school that has adopted an enrolment scheme may amend it.

  (2) A board must not amend a scheme unless it is satisfied that an enrolment scheme is still necessary in order to avoid overcrowding, or the likelihood of overcrowding, at the school.

  (3) If the board of a State school (school A) adopts or amends an enrolment scheme, the Secretary may require the board of any nearby State school that also has an enrolment scheme to develop a proposed amendment to its enrolment scheme in order to take into account the effect of school A's scheme.

  (4) Sections 11A to 11L apply to an amendment and a proposed amendment to an enrolment scheme as if it were an enrolment scheme or a proposed enrolment scheme (as the case may be).

  Section 11M: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11M(3): amended, on 20 May 2010, by section 9 of the Education Amendment Act 2010 (2010 No 25).

11MA Making minor amendments to enrolment schemes

• (1) A State school that wishes to make a minor amendment to its enrolment scheme may make it using the procedure set out in subsection (2) instead of going through the process set out in sections 11H to 11J.

  (2) In order to make a minor amendment to its enrolment scheme under this section, a school must—

  • (a) apply to the Secretary for confirmation that the proposed amendment is minor; and

  • (b) on receiving confirmation from the Secretary, give notice of the proposed amendment; and

  • (c) forward to the Secretary any written comments or queries received by the school regarding the proposed amendment; and

  • (d) adopt the amendment by resolution of the school's board.

  (3) A school may not adopt an amendment under subsection (2)(d) unless—

  • (a) at least 1 month has passed since notice of the proposal was given; and

  • (b) the Secretary has, after that time, given approval for the amendment to be incorporated.

  (4) At any time before the amendment is incorporated into the enrolment scheme, the Secretary may advise the school that the proposed amendment is not minor, in which case the school may not adopt the amendment without going through the process set out in sections 11H to 11J.

  Section 11MA: inserted, on 25 October 2001, by section 7 of the Education Standards Act 2001 (2001 No 88).

11N Pre-enrolment in schools with enrolment schemes

• (1) The board of a State school may apply the pre-enrolment procedures of an enrolment scheme at any time after notice has been given of the scheme under section 11J(1), even if the scheme has not yet commenced.

  (2) In the case of applications by applicants who will be subject to a ballot, the board must notify each applicant, in writing, of—

  • (a) when and how the ballot will be held; and

  • (b) when and how applicants will be advised of the results of the ballot; and

  • (c) the rights and responsibilities of applicants after the ballot.

  (3) The board must give written notice to every applicant whose application is declined of—

  • (a) the reason why the application has been declined; and

  • (b) the Secretary's powers under section 11P(2).

  (4) The board must give written notice to every applicant whose name was included in a ballot of the outcome of the ballot as it relates to the applicant.

  Section 11N: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11O Enrolment may be annulled if based on false information or temporary residence

• (1) The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if the board believes on reasonable grounds that the student's enrolment or pre-enrolment form falsely claimed, for the purpose of securing enrolment, that—

  • (a) the student was living in the school's home zone when the student enrolled at the school; or

  • (b) the student was entitled to a particular priority in the ballot for places (for example, by falsely claiming the applicant to be the sibling (as defined in section 11F(3)) of an existing student).

  (1A) The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if, following a review under section 11OA, the board determines that the student has used a temporary residence for the purpose of gaining enrolment at the school.

  (2) The address given in a student's pre-enrolment form as the address where the student lives will be taken to be the address at which the student is living on enrolment, unless the board is notified otherwise.

  (3) The board may annul the enrolment of any student, or may refuse an application for enrolment by any person, who claimed or claims priority in a ballot as a sibling of a student whose enrolment the board has annulled under this section.

  (4) If the board annuls an enrolment under any of subsections (1), (1A), or (3), the annulment takes effect 1 month from the date on which the board decides to annul the enrolment.

  (5) A board that annuls the enrolment of a student must immediately—

  • (a) advise the student's parents, in writing, of the date of annulment and the date on which it takes effect; and

  • (b) advise the Secretary of the name of the student and the date of annulment.

  Section 11O: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

  Section 11O heading: amended, on 25 October 2001, by section 8(1) of the Education Standards Act 2001 (2001 No 88).

  Section 11O(1A): inserted, on 25 October 2001, by section 8(2) of the Education Standards Act 2001 (2001 No 88).

  Section 11O(4): substituted, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

  Section 11O(5): substituted, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

11OA Review of student's enrolment

• (1) The board of a State school that has an enrolment scheme may issue the parents of a student enrolled at the school with a review notice under this section if—

  • (a) the student was enrolled at the school on the grounds that he or she lived in the school's home zone; and

  • (b) the student has, since enrolling at the school, moved out of the school's home zone; and

  • (c) the board believes on reasonable grounds that the student has used a temporary residence within the school's home zone for the purpose of gaining enrolment at the school.

  (2) On receipt of a review notice, a parent who wishes to rebut the board's view may make submissions to the board in whatever manner he or she considers appropriate, and the board must, in accordance with any guidelines issued under section 11G(3)(c), give the parent every reasonable opportunity to explain the situation.

  (3) The board may exercise its power under section 11O(1A) to annul the student's enrolment if, no earlier than 10 school days after the date on which the review notice was sent, the board determines that the student has used a temporary residence within the school's home zone for the purpose of gaining enrolment at the school.

  (4) Every review notice must—

  • (a) be in writing; and

  • (b) be sent by any 1 or more of post, fax, or email to the student's parents; and

  • (c) advise the parents of the effect of the notice, and explain what the parents may do next.

  Section 11OA: inserted, on 25 October 2001, by section 9 of the Education Standards Act 2001 (2001 No 88).

11P Secretary may direct board to enrol applicant

• (1) The Secretary may direct the board of any State school (including the board of the school at which the student was enrolled) to enrol a student whose enrolment has been annulled under section 11O.

  (2) The Secretary may direct the board of any State school to enrol an applicant whose application for enrolment it has declined if the Secretary is satisfied that—

  • (a) the board has declined the application on the ground that the applicant is not living in the school's home zone, but in fact the applicant is living in the school's home zone; or

  • (b) the consequences of not giving the direction would be so disadvantageous to the applicant that overriding the enrolment scheme in this case is justified.

  (3) The Secretary must not give a direction about a person under subsection (1) or subsection (2)(b) unless he or she has taken all reasonable steps to consult the person's parents, the board of the proposed school, and (if appropriate, having regard to the age and maturity of the person) the person.

  (4) The Secretary may not direct the board of a Kura Kaupapa Maori, a designated character school, or an integrated school to enrol a person under this section unless the person's parents agree, and accept the special character of that school.

  (5) A board must comply with a direction under this section, and the direction overrides the provisions of any enrolment scheme the school may have in place.

  Section 11P: substituted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11PA Annual review of enrolment scheme

• (1) The board of a State school that has an enrolment scheme in place on 1 February in any year must, before 1 May of that year,—

  • (a) review the operation of the enrolment scheme, having regard to the purpose and principles of enrolment schemes; and

  • (b) ask the Secretary whether he or she agrees with the board's view about the continuing need for a scheme to prevent overcrowding, or the likelihood of overcrowding, at the school.

  (2) The Secretary may exempt a board for any period not exceeding 3 years from the obligation to conduct an annual review if the Secretary considers that compliance is unnecessary.

  (3) The Secretary may at any time rescind an exemption given under subsection (2), and may require the board to conduct a review of its enrolment scheme within a period specified by the Secretary.

  Section 11PA: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11PB Enrolment schemes of certain State schools

• (1) Sections 11A to 11PA apply to Kura Kaupapa Maori, designated character schools, integrated schools, and special schools, and to their enrolment schemes, subject to the following modifications:

  • (a) all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolments at the school than there are places available; and

  • (b) the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and

  • (c) section 11J is modified as follows:

    • (i) subsection (1) applies as if paragraph (a) read “a general description of the enrolment scheme”; and

    • (ii) subsection (2) applies as if paragraphs (a) to (c) were replaced with the words “the likely number of places available and the significant pre-enrolment dates and procedures that will apply”; and

    • (iii) subsection (3)(b) does not apply; and

  • (d) in the case of a Kura Kaupapa Maori, the application of the sections must not result in inconsistency with section 155; and

  • (e) in the case of a designated character school, the application of the sections must not result in inconsistency with the school's charter or section 156; and

  • (f) in the case of an integrated school, the application of the sections must not result in inconsistency with the school's integration agreement or the Private Schools Conditional Integration Act 1975.

  (2) Sections 11A to 11PA do not apply to any State school of a type specified by the Secretary by notice in the Gazette.

  Section 11PB: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11Q Obligation to report to Parliament on enrolment schemes

• (1) The annual report on the schools sector that is laid before the House of Representatives by the Minister of Education in accordance with section 87B must include a statement signed by the Secretary that—

  • (a) lists the schools that have an enrolment scheme in place; and

  • (b) states the period for which each scheme has been in place; and

  • (c) notes the schools where adjacent schools have schemes in place; and

  • (d) outlines any plans included in the Ministry's property development or other programmes to address the pressures on capacity in areas where a number of adjacent schools have enrolment schemes in place, including development plans to manage school population changes to maximise (to the extent it is reasonable and practicable to do so) the opportunity for students to attend a reasonably convenient State school.

  (2) In this section, an enrolment scheme is in place once it has been notified in accordance with section 11J.

  Section 11Q: substituted, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 11Q(1): amended, on 20 May 2010, by section 10 of the Education Amendment Act 2010 (2010 No 25).

  Section 11Q(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 11Q(2): amended, on 8 July 2000, by section 26(3) of the Education Amendment Act 2000 (2000 No 21).

12 Enrolment schemes for certain other schools

• [Repealed]

  Section 12: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

12A Out-of-zone applicants for certain language courses

• [Repealed]

  Section 12A: repealed, on 20 June 1991, by section 7(a) of the Education Amendment Act 1991 (1991 No 43).

12B Exemptions from enrolment schemes in exceptional cases

• [Repealed]

  Section 12B: repealed, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

13 Purpose

• The purpose of the provisions of this Act concerning the standing-down, suspension, exclusion, or expulsion of a student from a State school is to—

  • (a) provide a range of responses for cases of varying degrees of seriousness; and

  • (b) minimise the disruption to a student's attendance at school and facilitate the return of the student to school when that is appropriate; and

  • (c) ensure that individual cases are dealt with in accordance with the principles of natural justice.

  Section 13: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

14 Principal may stand-down or suspend students

• (1) The principal of a State school may stand-down or suspend a student if satisfied on reasonable grounds that—

  • (a) the student's gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or

  • (b) because of the student's behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended.

  (2) A stand-down may be for 1 or more specified periods, and—

  • (a) the period or periods may not exceed 5 school days in any one term:

  • (b) a student may be stood-down more than once in the same year but for not more than 10 school days in total in that year:

  • (c) in calculating the period of a stand-down, the day on which the student was stood-down, and any day on which the student would not have had to attend school in any event, must not be counted:

  • (d) the principal may lift the stand-down at any time before it is due to expire.

  (3) If a student has been stood-down or suspended, the following provisions apply in relation to the student's attendance at the school:

  • (a) the principal may require the student to attend the school if the principal reasonably considers the student's attendance is appropriate for the purposes of section 17A:

  • (b) the principal must allow the student to attend the school if the student's parents request that the student be permitted to attend the school and the principal considers the request is reasonable:

  • (c) otherwise the student does not have to, and is not permitted to, attend the school while stood-down or suspended.

  Section 14: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 14(1)(b): amended, on 17 May 2006, by section 5 of the Education Amendment Act 2006 (2006 No 19).

15 Board's powers when suspended student younger than 16

• (1) If a student younger than 16 has been suspended from a State school, the school's board may—

  • (a) lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions the board wants to make:

  • (b) extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies:

  • (c) if the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school.

  (2) If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.

  (3) If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the board to reconsider the action it took under this section in that case and the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1).

  (4) If the board has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of a student younger than 16 ceases to have effect—

  • (a) at the close of the seventh school day after the day of the suspension; or

  • (b) if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

  (5) If the board of a State school excludes the student under subsection (1)(c), the principal must try to arrange for the student to attend another school (which school is a suitable school that the student can reasonably conveniently attend).

  (6) If the principal is unable, by the tenth school day after the day of the board's decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so.

  Section 15: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

16 Secretary's powers when excluded student younger than 16

• (1) If the Secretary is satisfied that the board of a State school has excluded a student who is younger than 16 from the school under section 15(1)(c), and that the principal has not arranged for the student to attend another school, the Secretary must either,—

  • (a) if satisfied that it is not inappropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

  • (b) arrange for and, if necessary, direct the board of any other State school (that is not an integrated school) to enrol the student at the other school; or

  • (c) direct a parent of the student to enrol the student at a correspondence school.

  (2) The Secretary may not give a direction under subsection (1)(b) or lift an exclusion under subsection (1)(a) unless the Secretary has also made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student's education or welfare.

  (3) If the board of the school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)(b)) may direct the board to enrol the student at that other school.

  (4) A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.

  Section 16: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17 Board's powers when suspended student 16 or older

• (1) If a student who is 16 or older has been suspended from a State school, the board may—

  • (a) lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions it wants to make; or

  • (b) extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies; or

  • (c) expel the student.

  (2) If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school, and must take steps to facilitate the return of the student to school.

  (3) If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the board to reconsider the action it took under this section in that case and the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1).

  (4) If the board has not sooner lifted or extended it or expelled the student under subsection (1)(c), the suspension of a student who is 16 or older ceases to have effect—

  • (a) at the close of the seventh school day after the day of the suspension; or

  • (b) if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

  Section 17: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17A Duties of principal when student stood-down or suspended

• (1) When a student is stood-down or suspended from a State school, the principal must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.

  (2) If a student's suspension is subject to conditions (whether under section 15 or section 17), the principal must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.

  (3) The purpose of the programme referred to in subsection (2) is to facilitate the return of a student to school and to minimise the educational disadvantages that occur from absence from school.

  Section 17A: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17B Who may attend board meeting concerning suspensions

• If a student has been suspended, the student, the student's parents, and their representatives are entitled to attend at least 1 meeting of the board and speak at that meeting, and to have their views considered by the board before it decides whether to lift or extend the suspension or exclude or expel the student (whether under section 15 or section 17).

  Sections 17B: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17C Effect of suspension on school register

• (1) The name of a student younger than 16 who has been suspended from a school under section 14 or excluded from a school under section 15(1)(c) must stay on the school's register until the earliest of the following days:

  • (a) the day the student is enrolled at another registered school:

  • (b) the day the student is given an exemption under section 21 or section 22.

  (2) The name of a student who has turned 16 and is suspended from a school under section 14 must stay on the register of the school until the earliest of the following days:

  • (a) the day on which the student is enrolled at another registered school:

  • (b) the day on which the student is expelled from the school:

  • (c) the day on which the student leaves school:

  • (d) 1 January after the student's 19th birthday.

  (3) Subsection (2) applies to a student who is younger than 16 when suspended from a school under section 14 or excluded from a school under section 15(1)(c), and turns 16 while subject to the suspension or exclusion.

  Sections 17C: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17D Re-enrolment of excluded or expelled student

• (1) The board of a State school from which a student has ever been excluded or expelled (whether under section 15 or section 17) may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 16(1)(a)).

  (2) Subject to section 16(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 15 or section 17) from another State school.

  (3) The Secretary may, in the case of a student who has turned 16, direct the board of another State school (that is not an integrated school) to enrol a student at the school if—

  • (a) the student has been expelled under section 17; and

  • (b) the Secretary has made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student's education or welfare.

  (4) A board must comply with a direction under subsection (3), and the direction overrides the provisions of any enrolment scheme the school may have in place.

  Sections 17D: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

18 Notice requirements for stand-downs, suspensions, exclusions, and expulsions

• (1) Immediately after a student is stood-down under section 14, the principal must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

  • (a) that the student has been stood-down; and

  • (b) the reasons for the principal's decision; and

  • (c) the period for which the student has been stood-down.

  (2) Immediately after a student is suspended under section 14, the principal must tell the board, the Secretary, and (except in the case of a student who has turned 20) a parent of the student—

  • (a) that the student has been suspended; and

  • (b) the reasons for the principal's decision.

  (3) Immediately after a board lifts a suspension, extends a suspension, excludes a student, or expels a student (whether under section 15 or section 17), the board must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

  • (a) that the suspension has been lifted or extended, and the period of the extension (if any), or that the student has been excluded or expelled; and

  • (b) the reasons for the board's decision.

  Section 18: substituted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

18AA Secretary may make rules

• (1) The Secretary may from time to time, by notice in the Gazette, make rules (which must not be inconsistent with this Act) regulating the practice and procedure to be followed by boards, principals, students, parents of students, and other persons under sections 14 to 18, including (without limitation) rules—

  • (a) setting out procedural requirements to be followed when a proposed stand-down, suspension, exclusion, or expulsion is to be considered or decided:

  • (b) specifying who should be consulted about the circumstances of a stand-down, suspension, exclusion, or expulsion:

  • (c) setting out the steps to be taken by the principal and board, respectively, when a student has been stood-down, suspended, excluded, or expelled:

  • (d) specifying the notices to be given when a decision not to lift a suspension, or a decision to extend a suspension or expel a student, is made; and specifying the particulars to be set out in each notice:

  • (e) specifying time limits within which specified things are to be done, and the reports that are to be produced and the persons who are to produce them:

  • (f) providing reasonable measures (which must not be inconsistent with the Privacy Act 1993) to protect the privacy of individuals:

  • (g) providing for such other matters as the Secretary considers desirable in the interests of natural justice.

  (2) Before making any rules under this section, the Secretary must—

  • (a) publish in the Gazette, and in such newspapers as the Secretary considers appropriate, a notice of his or her intention to make the rules; and

  • (b) give interested persons a reasonable time to make representations about the proposed rules; and

  • (c) consult such persons and groups as the Secretary considers appropriate.

  (3) If there is any conflict between rules made under this section and the provisions of clause 8 of Schedule 6, the rules override clause 8.

  (4) Rules made under this section are regulations for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

  Section 18AA: inserted, on 19 December 1998, by section 8 of the Education Amendment Act (No 2) 1998 (1998 No 118).

18A Recommendation that student should attend particular school

• (1) The Secretary may, on the recommendation of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, direct the board of a State school to enrol at the school any person; and in that case the board must do so.

  (2) No direction may be given under subsection (1) unless the Secretary has taken all reasonable steps to consult—

  • (a) the person's parents; and

  • (b) the board of the school concerned; and

  • (c) the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, and any other person or organisation that, in the Secretary's opinion, may be interested in, or able to advise on or help with, the person's education or welfare.

  (3) A board must comply with a direction under subsection (1), and the direction overrides the provisions of any enrolment scheme the school may have in place.

  Section 18A: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

  Section 18A(1): amended, on 8 July 2000, by section 5 of the Education Amendment Act 2000 (2000 No 21).

  Section 18A(3): substituted, on 8 July 2000, by section 26(4) of the Education Amendment Act 2000 (2000 No 21).

19 Principal may preclude student for health reasons

• (1) A principal of a State school who believes on reasonable grounds that a student—

  • (a) is not clean enough to keep attending the school; or

  • (b) may have a communicable disease (within the meaning of the Health Act 1956),—

  may preclude the student from the school.

  (2) Forthwith after precluding a student from school under subsection (1), the principal shall make all reasonable efforts to tell—

  • (a) the board; and

  • (b) either the student (in the case of a student who has turned 20) or the student's parents (in every other case); and

  • (c) in the case of a student precluded under subsection (1)(b), the Medical Officer of Health,—

  that the student has been precluded, and why.

  (3) Where a student has been precluded from a State school for being not clean enough, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the principal is satisfied that the student is clean enough to go back to school.

  (4) Where a student has been precluded from a State school on suspicion of having a communicable disease, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the board has received a certificate from a doctor stating that the student is well enough to go back to school.

  (5) Where any person is charged with an offence against section 29 (which relates to ensuring the attendance of students at school)—

  • (a) it is a defence to the charge if it is proved that—

    • (i) the student did not attend because precluded for having a communicable disease; and

    • (ii) the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school (as the case may be); and

  • (b) except to the extent set out in paragraph (a), it is not a defence to the charge that the student did not attend because precluded under subsection (1).

  (6) No principal or board is liable for any act done or omitted—

  • (a) in good faith; and

  • (b) with reasonable care; and

  • (c) in pursuance or intended pursuance of a power or duty given or imposed by this section.

  Compare: 1964 No 135 s 193B

  Section 19 heading: amended, on 19 December 1998, by section 9 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(1): amended, on 19 December 1998, by section 9(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(2): amended, on 19 December 1998, by section 9(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(2): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(2)(c): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(3): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(3): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(4): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(4): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(5)(a)(i): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(5)(a)(ii): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 19(5)(b): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

20 New Zealand citizens and residents between 6 and 16 to go to school

• (1) Except as provided in this Act, every person who is not a foreign student is required to be enrolled at a registered school at all times during the period beginning on the person's sixth birthday and ending on the person's 16th birthday.

  (2) Before a child's seventh birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child's residence.

  Compare: 1964 No 135 ss 108, 109

  Section 20 heading: amended, on 1 January 1993, by section 5 of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 20(1): amended, on 1 January 1993, by section 5(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

21 Long term exemptions from enrolment

• (1) An employee of the Ministry designated by the Secretary for the purpose (in this section and section 26 referred to as a designated officer) may, by certificate given to a person's parent, exempt the person from the requirements of section 20,—

  • (a) on the parent's application; and

  • (b) if satisfied that the person—

    • (i) will be taught at least as regularly and well as in a registered school; or

    • (ii) in the case of a person who would otherwise be likely to need special education, will be taught at least as regularly and well as in a special class or clinic or by a special service.

  (2) A certificate under subsection (1) continues in force until it is revoked or expires under this section.

  (3) If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

  (4) The Secretary's decision is final.

  (5) Every certificate under subsection (1) or subsection (3) shall state why it was given.

  (6) Subject to subsection (7), the Secretary may at any time revoke a certificate under subsection (1) or subsection (3).

  (7) The Secretary shall not revoke a certificate under subsection (1) or subsection (3), unless, after having—

  • (a) made reasonable efforts to get all the relevant information; and

  • (b) considered a report on the matter from the Chief Review Officer,—

  the Secretary is not satisfied of whichever of the grounds specified in subsection (1)(b) the certificate was originally granted on.

  (8) If the Secretary thinks any person exempted under subsection (1) would be better off getting special education, the Secretary may revoke the certificate and issue a direction under section 9.

  (8A) A certificate for the time being in force under subsection (1) or subsection (3) expires when the person to whom it applies turns 16 or enrols at a registered school, whichever happens first.

  (9) Every certificate of exemption under section 111 of the Education Act 1964 that was in force on 30 September 1989 shall be deemed to have been granted—

  • (a) on the ground specified in subsection (1)(b)(i) if it was in fact granted—

    • (i) before 20 July 1987, under section 111(4)(a) of the Education Act 1964; or

    • (ii) after 19 July 1987, under section 111(3)(a) of that Act; and

  • (b) on the ground specified in subsection (1)(b)(ii) if it was in fact granted—

    • (i) before 20 July 1987, under section 111(4)(b) of the Education Act 1964; or

    • (ii) after 19 July 1987, under section 111(3)(b) of that Act;—

  and may be revoked under this section accordingly.

  Section 21(2): amended, on 19 December 1998, by section 10(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 21(6): amended, on 23 July 1990, by section 10 of the Education Amendment Act 1990 (1990 No 60).

  Section 21(8A): inserted, on 19 December 1998, by section 10(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 21(9): added, on 1 January 1990, by section 8 of the Education Amendment Act 1989 (1989 No 156).

  Section 21 compare note: repealed, on 20 May 2010, by section 11 of the Education Amendment Act 2010 (2010 No 25).

22 Secretary may exempt from enrolment

• (1) Subject to subsection (2), the Secretary may, by certificate given to the parent of a person who has turned 15, exempt the person from the requirements of section 20—

  • (a) on the parent's application; and

  • (b) if satisfied that, on the basis of—

    • (i) the person's educational problems; and

    • (ii) the person's conduct; and

    • (iii) the benefit (if any) the person is likely to get from available schools,—

    it is sensible to do so.

  (2) The Secretary shall not exempt under subsection (1) any person who has neither completed the work of form 2 nor enrolled for a class above form 2.

  (3) The Secretary shall tell the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 the name and address of every person exempted under subsection (1).

  (4) If satisfied that it is in the best interests of any person to do so, the Secretary may revoke the person's certificate under subsection (1).

  Compare: 1964 No 135 s 112

  Section 22(1): amended, on 1 January 1993, by section 5(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 22(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

22A Secretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989

• (1) On an application from the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, the Secretary may, by a certificate given to the chief executive of that department, exempt a person from the requirements of section 20 if satisfied that the requirements set out in subsection (2) have been met.

  (2) The requirements referred to in subsection (1) are that the person—

  • (a) has been placed—

    • (i) in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989; or

    • (ii) in a residential programme instituted by, and operated under contract with, the chief executive of that department where the person would otherwise be in a residence established under section 364 of that Act; and

  • (b) will receive education services appropriate to the person's needs.

  (3) The Secretary may at any time revoke a certificate granted under subsection (1)—

  • (a) on notification by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 that the person exempted has been released from a residence other than for a temporary period; or

  • (b) if the Secretary is no longer satisfied that the person exempted meets the requirements of subsection (2); or

  • (c) at the request of the chief executive of that department and if satisfied that an exemption from section 20 is no longer required.

  (4) A certificate under subsection (1) continues in force until revoked under this section.

  Section 22A: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

23 Effect of exemption

• For so long as a certificate under section 21 or section 22 continues in force—

  • (a) the exempted person does not have to be enrolled at any school; and

  • (b) no person has to have the exempted person enrolled at any school.

  Section 23 compare note: repealed, on 20 May 2010, by section 12 of the Education Amendment Act 2010 (2010 No 25).

24 Penalty for failure to enrol

• (1) Where the parent of a person required by this Act to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at a registered school, the parent commits an offence, and is liable on summary conviction to a fine not exceeding $3,000.

  (2) The payment of a fine in respect of a conviction for an offence against subsection (1) is not a bar to proceedings for a further such offence.

  Compare: 1964 No 135 s 116

  Section 24(1): amended, on 17 December 2008, by section 4 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

25 Students required to enrol must attend school

• (1) Except as provided in this Act, every student of a registered school (other than a correspondence school) who is required by section 20 to be enrolled at a registered school shall attend the school whenever it is open.

  (2) Every board shall take all reasonable steps to ensure that students who are required by subsection (1) to attend the school whenever it is open do so.

  (3) For the purposes of this section, a student attends a school on any day if, on the day,—

  • (a) it has been open for instruction for 4 hours or more; and

  • (b) the student has been present for 4 hours or more when it was open for instruction.

  (4) Nothing in subsections (1) to (3) applies to a participating student who is enrolled at a registered school for the purposes of the secondary component of his or her secondary-tertiary programme, but he or she must attend the school for any portion of the programme as notified by the provider group or lead provider under section 31J.

  Compare: 1964 No 135 s 117

  Section 25(4): substituted, on 21 December 2010, by section 7 of the Education Amendment Act (No 3) 2010 (2010 No 134).

25A Release from tuition on religious or cultural grounds

• (1) A student aged 16 and above, or the parent of a student aged under 16, may ask the principal to release the student from tuition in a particular class or subject.

  (1A) A request under subsection (1) must be made in writing, and at least 24 hours before the start of the tuition.

  (1B) This section applies only to students enrolled at a State school that is not an integrated school.

  (2) Unless satisfied that—

  • (a) the parent or student (as the case may be) has asked because of sincerely held religious or cultural views; and

  • (b) the student will be adequately supervised (whether within or outside the school) during the tuition,—

  the principal shall not release the student.

  (3) Upon receiving a request from a parent under subsection (1), the principal must, before agreeing to release the student, take all reasonable steps to find out the student's views on the matter.

  (4) Subject to subsection (2), the principal shall release the student from the tuition and (if the student is to be supervised outside the school) let the student leave the school during the tuition unless satisfied, in the light of—

  • (a) the student's age, maturity, and ability to formulate and express views; and

  • (b) any views the student has expressed,—

  that it is inappropriate to do so.

  (5) Nothing in this section limits or affects section 79 of the Education Act 1964.

  Section 25A: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 25A(1): substituted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

  Section 25A(1A): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

  Section 25A(1B): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

  Section 25A(2)(a): amended, on 25 October 2001, by section 10(2) of the Education Standards Act 2001 (2001 No 88).

  Section 25A(3): substituted, on 25 October 2001, by section 10(3) of the Education Standards Act 2001 (2001 No 88).

25AA Release from tuition in specified parts of health curriculum

• (1) The parent of a student enrolled at any State school may ask the principal in writing to ensure that the student is excluded from tuition in specified parts of the health curriculum related to sexuality education and, on receipt of such a request, the principal must ensure that—

  • (a) the student is excluded from the relevant tuition; and

  • (b) the student is supervised during that tuition.

  (2) Nothing in subsection (1) requires a principal to ensure that a student who is to be excluded from tuition in specified parts of the health curriculum related to sexuality education is excluded at any other time while a teacher deals with a question raised by another student that relates to the specified part of the curriculum.

  Section 25AA: inserted, on 25 October 2001, by section 11(1) of the Education Standards Act 2001 (2001 No 88).

25B Release from school

• The principal of a State school—

  • (a) may, if satisfied that—

    • (i) a student will receive outside the school tuition acceptable to the principal; and

    • (ii) releasing the student would not result in a contravention of section 25(2),—

    release the student from attendance at the school, for a period or periods agreed with a parent of the student, to receive the tuition (and, where appropriate, travel between the school and the place where the tuition is to be given):

  • (b) may, if satisfied that—

    • (i) a student has, on any day on which the school was open for instruction, been present at the school for 4 hours or more; and

    • (ii) there are good reasons for the student to leave before the school closes on that day,—

    let the student leave early on that day.

  Section 25B: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

26 Exemption from attendance

• (1) A designated officer (as defined in section 21(1)) may, by certificate given to a student's parent, exempt the student (entirely or partly) from attending a school—

  • (a) on the parent's application; and

  • (b) if satisfied that—

    • (i) the student is under 10, and the walking distance between the student's residence and the school is more than 3 kilometres; or

    • (ii) the walking distance between the student's residence and the school is more than 5 kilometres; or

    • (iii) it is sensible to exempt the student for some other reason.

  (2) If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

  (3) The Secretary's decision is final.

  (4) Subject to subsections (6) and (7), a certificate under subsection (1) shall specify the day on which it expires; and until it expires or is cancelled, the student's parent is not subject to section 20 in respect of the student.

  (5) Every certificate under subsection (1) shall state the grounds on which it was granted.

  (6) No certificate granted under subsection (1)(b)(iii) shall specify an expiry day more than 7 school days after the day it is granted.

  (7) No other certificate under subsection (1) shall specify an expiry day more than 1 year after the day it is granted.

  (8) Where a certificate under subsection (1) expires, a designated officer may, subject to that subsection, issue another in its place.

  (9) The Secretary may at any time cancel a certificate under subsection (1).

  Compare: 1964 No 135 s 118

27 Principal may exempt from attendance for short period

• (1) If satisfied that a student's absence was or will be justified, the principal of the school may exempt the student from attending the school for a period of no more than 5 school days.

  (2) The parent of a student exempted under subsection (1) is not subject to section 25 in respect of the student for the period to which the exemption relates.

  (3) In the absence of evidence to the contrary, a certificate from the principal of a school that—

  • (a) a student was absent from the school for any period; and

  • (b) the principal is not satisfied that the absence was justified,—

  is proof that the student was absent for that period without being exempted under subsection (1).

  (4) For the purposes of subsection (3), judicial notice shall be taken of the appointment and signature of every principal.

  Compare: 1964 No 135 s 118(9)

28 Secretary may require parents of certain children to enrol them at correspondence school

• (1) The Secretary, by notice in writing to the parent of a student—

  • (a) who has a certificate of exemption for the student under subparagraph (i) or subparagraph (ii) of section 26(1)(b); or

  • (b) who has been directed under section 16(7)(c) to enrol the student at a correspondence school,—

  may call on the parent to have the student enrolled at a correspondence school specified in the notice, and ensure that the student does the work of the course in which the student is enrolled.

  (2) Enrolment under subsection (1) shall be—

  • (a) for the period of exemption, in the case of a student exempted under section 26(1)(b); and

  • (b) until the student turns 16, or for a shorter period specified in the notice, in every other case.

  (3) A parent who fails to comply with a notice under subsection (1) to have a student enrolled at a correspondence school commits an offence, and is liable on summary conviction to a fine not exceeding the maximum fine provided for in section 24(1) (which relates to the failure to enrol at a registered school).

  Compare: 1969 No 135 s 119

  Section 28(2)(b): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

29 Penalty for irregular attendance

• (1) Every parent of a person who,—

  • (a) while enrolled at a registered school, does not attend as provided in section 25; or

  • (b) while enrolled at a correspondence school, does not do the work of the course in which the student is enrolled,—

  commits an offence, and is liable on summary conviction to a fine not exceeding an amount calculated at the rate of $30 for every school day for which the offence has occurred.

  (2) Notwithstanding subsection (1), a fine imposed for an offence against that subsection shall not exceed $300 for a first offence against the subsection (or section 120(1) of the Education Act 1964), or $3,000 for a second or subsequent offence.

  (3) The imposition of a penalty under this section does not affect or restrict the operation of any provision of the Children, Young Persons, and Their Families Act 1989.

  Compare: 1964 No 135ss 119(2), 120

  Section 29(1): amended, on 20 May 2010, by section 13 of the Education Amendment Act 2010 (2010 No 25).

  Section 29(1): amended, on 17 December 2008, by section 5(1) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

  Section 29(2): amended, on 17 December 2008, by section 5(2)(a) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

  Section 29(2): amended, on 17 December 2008, by section 5(2)(b) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

30 Employment of school-age children

• (1) No person shall employ any person who has not turned 16 at any time—

  • (a) within school hours; or

  • (ab) in the case of a person who is a student participating in a secondary-tertiary programme, when the employment interferes with the person's ability to undertake the secondary-tertiary programme; or

  • (b) in the case of a person enrolled at a correspondence school, when the employment interferes with the person's ability to do the work of the course in which the student is enrolled; or

  • (c) in the case of a person who has been granted a certificate of exemption under section 21, when the employment interferes with the person's ability to be taught as well and regularly as in a registered school; or

  • (d) if the employment then—

    • (i) prevents or interferes with the person's attendance at school; or

    • (ia) in the case of a person who is a participating student, interferes with the person's ability to undertake his or her secondary-tertiary programme; or

    • (ii) in the case of a person enrolled at a correspondence school, interferes with the person's ability to do the work of the course in which the person is enrolled,—

  unless there has been produced to the employer a certificate of exemption, or other satisfactory evidence that the person is exempted (otherwise than under section 21(1)) from enrolment at any school.

  (2) Every person who—

  • (a) being a parent of any other person, permits the other person to be employed contrary to subsection (1); or

  • (b) employs any other person in contravention of the subsection,—

  commits an offence, and is liable on summary conviction to a fine not exceeding $1,000.

  Compare: 1964 No 135 ss 121, 122

  Section 30(1): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 30(1)(ab): inserted, on 21 December 2010, by section 8(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 30(1)(d)(ia): inserted, on 21 December 2010, by section 8(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

31 Ensuring attendance of students

• (1) Any board may appoint any person to be an attendance officer for the schools or institutions it administers.

  (2) A person may be appointed an attendance officer by 2 or more boards.

  (3) Every board shall, by any means it thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school or schools (or institution or institutions).

  (4) An attendance officer, on producing a distinctive badge or other evidence of appointment, or a constable may at any time detain any person who appears to have turned 5 and not to have turned 16, and who is not then at school, and question the person as to the person's name and address, the school (if any) at which the person is enrolled and its address, and the reason for the person's absence from school.

  (5) If not satisfied by the person's answers that the person has a good reason for not being at school, the attendance officer or constable—

  • (a) may take the person to the person's home, or to the school at which the officer thinks the person is enrolled.

  • (b) [Repealed]

  (6) A person who, after an attendance officer has produced evidence of appointment, obstructs or interferes with the officer in the exercise of powers under this section, commits an offence, and is liable on summary conviction to a fine not exceeding $1,000.

  (7) Any attendance officer, a principal, the Secretary, or any person appointed by a board or the Secretary for the purpose may lay informations, conduct prosecutions, and take any other proceedings, under this Part.

  (8) A certificate sealed by a board showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity of, and validity of the affixing of, a board's seal shall not in any proceedings under this Part be inquired into or disputed.

  (9) This section applies to a participating student only in relation to any portion of his or her secondary-tertiary programme during which he or she is required to attend school, as notified by the provider group or lead provider under section 31J.

  Compare: 1964 No 135 s 123

  Section 31(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 31(4): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 31(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 31(5)(b): repealed, on 1 January 1992, by section 7 of the Education Amendment Act (No 4) 1991 (1991 No 136).

  Section 31(7): amended, on 17 December 2008, by section 6 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

  Section 31(9): added, on 21 December 2010, by section 9 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31A Nature of secondary-tertiary programme