Title
1 Short Title and commencement
Part 1
Rights to primary and secondary education
2 Interpretation
3 Right to free primary and secondary education
3A Restriction on attendance at certain schools [Repealed]
4 Enrolment of international students
4A Certain international students may enrol at State schools as of right
4B Fees for international students
4C Minister may exempt certain international students from payment of fees
4D Boards to reimburse the Crown for expenditure in respect of international students
4E Courses for international students
5 Restrictions on enrolment at primary school
6 Restrictions on enrolment at secondary school
7 Additional restrictions on enrolment at correspondence school
7A Certain domestic students may be required to pay fees for tuition from correspondence schools
7B Fees for evening classes, etc
8 Equal rights to primary and secondary education
9 Special education
10 Right of reconsideration
Part 2
Enrolment schemes, and suspension, expulsion, and exclusion of students
11 Limitations on enrolment at certain primary schools [Repealed]
Enrolment schemes
11A Purpose and principles
11B Interpretation
11C Content of enrolment scheme
11D Effect of home zone
11E How a school defines its home zone
11F How to select applicants who live outside home zone
11G Instructions and guidelines on operation of enrolment schemes
11H Process for developing and adopting enrolment scheme
11I Proposed enrolment schemes to be approved by Secretary
11J Information about school's enrolment scheme
11K Commencement of enrolment scheme
11L End of enrolment scheme
11M Amendment of enrolment scheme
11MA Making minor amendments to enrolment schemes
11N Pre-enrolment in schools with enrolment schemes
11O Enrolment may be annulled if based on false information or temporary residence
11OA Review of student's enrolment
11P Secretary may direct board to enrol applicant
11PA Annual review of enrolment scheme
11PB Enrolment schemes of certain State schools
11Q Obligation to report to Parliament on enrolment schemes
12 Enrolment schemes for certain other schools [Repealed]
12A Out-of-zone applicants for certain language courses [Repealed]
12B Exemptions from enrolment schemes in exceptional cases [Repealed]
Standing-down, suspension, exclusion, and expulsion of students
13 Purpose
14 Principal may stand-down or suspend students
15 Board's powers when suspended student younger than 16
16 Secretary's powers when excluded student younger than 16
17 Board's powers when suspended student 16 or older
17A Duties of principal when student stood-down or suspended
17B Who may attend board meeting concerning suspensions
17C Effect of suspension on school register
17D Re-enrolment of excluded or expelled student
18 Notice requirements for stand-downs, suspensions, exclusions, and expulsions
18AA Secretary may make rules
18A Recommendation that student should attend particular school
19 Principal may preclude student for health reasons
Part 3
Enrolment and attendance of students
20 New Zealand citizens and residents between 6 and 16 to go to school
21 Long term exemptions from enrolment
22 Secretary may exempt from enrolment
22A Secretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989
23 Effect of exemption
24 Penalty for failure to enrol
25 Students required to enrol must attend school
25A Release from tuition on religious or cultural grounds
25AA Release from tuition in specified parts of health curriculum
25B Release from school
26 Exemption from attendance
27 Principal may exempt from attendance for short period
28 Secretary may require parents of certain children to enrol them at correspondence school
29 Penalty for irregular attendance
30 Employment of school-age children
31 Ensuring attendance of students
31A Nature of secondary-tertiary programme
31B Provider group for secondary-tertiary programme
31C Secretary may enter into agreement with provider group
31D Provider group plan for secondary-tertiary programme
31E Report to Secretary by provider group
31F Recognition as lead provider of secondary-tertiary programme
31G Lead provider to co-ordinate secondary-tertiary programme
31H Government policies or priorities
31I Entry into secondary-tertiary programme
31J Provider group or lead provider to notify student and parents about any school attendance requirement
31K Withdrawal from secondary-tertiary programme
31L International students and secondary-tertiary programmes
32 Hearings of proceedings may be private
33 Evidence of school roll, etc
34 Burden of proof on parents
35 Fines to be paid to boards
Registration of private schools
35A Provisional and full registration of private schools
35AA Suspensions and expulsions of students from private schools to be notified to Secretary [Repealed]
35B Secretary may require application for registration of school
Criteria for registration as private school
35C Criteria for registration as private school
35D Suitable premises
35E Additional and substituted premises to be approved
35F Tuition standards
35G Managers to be fit and proper persons
Managers to advise Secretary of private school ceasing operation
35H Managers must advise Secretary of school ceasing operation
Review of private schools registered under section 35A
35I Review of schools registered under section 35A
Actions by Secretary in regard to schools registered under section 35A
35J Secretary's actions in regard to schools registered under section 35A
35K Suspension of registration if welfare of students may be at risk
35L Duration of suspension
35M Process for cancellation of registration
Grants for private schools
35N Grants for private schools
35O Record-keeping in relation to grants to private schools
35P Providing accounts to Secretary
Suspensions and expulsions from private schools
35Q Suspensions and expulsions of students from private schools to be notified to Secretary
Offences in relation to private schools
35R Offences in relation to operation of private schools
Part 4
Specialist Education Services Board
[Repealed]
36 Interpretation [Repealed]
37 Board continued for purposes of this Part [Repealed]
38 Membership of Board [Repealed]
39 Function of Board [Repealed]
39A Minister may require Board to negotiate document of accountability [Repealed]
39B Minister may prepare document where no agreement reached [Repealed]
39C Contents of documents [Repealed]
39D Amendments to documents [Repealed]
39E Revocation of documents [Repealed]
39F Board to comply with document of accountability [Repealed]
39G Non-compliance with document [Repealed]
39H Minister may dismiss Board where non-compliance not rectified [Repealed]
39I Minister to publish certain documents and directions [Repealed]
40 Board responsible to Minister [Repealed]
41 Powers of Board [Repealed]
Part 5
Early Childhood Development Board
[Repealed]
42 Interpretation [Repealed]
43 Board continued for purposes of this Part [Repealed]
44 Membership of Board [Repealed]
45 Function of Board [Repealed]
45A Minister may require Board to negotiate document of accountability [Repealed]
45B Minister may prepare document where no agreement reached [Repealed]
45C Contents of documents [Repealed]
45D Amendments to documents [Repealed]
45E Revocation of documents [Repealed]
45F Board to comply with document of accountability [Repealed]
45G Non-compliance with document [Repealed]
45H Minister may dismiss Board where non-compliance not rectified [Repealed]
45I Minister to publish certain documents and directions [Repealed]
46 Board responsible to Minister [Repealed]
47 Powers of Board [Repealed]
Part 6
Parent Advocacy Council
[Repealed]
48 Interpretation [Repealed]
49 Parent Advocacy Council [Repealed]
50 Membership of Council [Repealed]
51 Criteria for appointing members [Repealed]
52 Function of Council [Repealed]
53 Council may refuse to act in certain cases [Repealed]
54 Powers of Council [Repealed]
55 Procedure where Council takes matter up [Repealed]
56 Council may decide not to proceed with matter [Repealed]
57 Council to give reasons [Repealed]
58 Procedure where matter deserves action [Repealed]
59 Power to obtain information [Repealed]
Part 7
Control and management of State schools
60 Interpretation
60A National education guidelines
60B Consultation about treatment of health curriculum
61 School charter
62 Procedural requirements of preparing or updating school charter
63 Effect of school charter
63A When school charter or updated charter takes effect
63B Board must make copies of school charter available
64 Effect of charter [Repealed]
64A Secretary may require board to get specialist support [Repealed]
65 Staff
65A Length of school year
65B Terms
65C Holidays
65D Exceptions in particular cases
65E Emergencies
65F Application of provisions
65G Minister to act by means of instructions
65H Application of Crown Entities Act 2004
66 Delegations
66A No delegation of power to borrow
66B Application of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules
67 Restrictions on borrowing
67A Restrictions on giving of guarantees and indemnities
67B Restrictions on use of derivatives
68 Gifts
69 Real property
70 Occupancy of property and buildings
70A Minister may declare land to be no longer needed for educational purposes
70B Leases and licences granted by boards
70C Other agreements to occupy school land or buildings
71 Courses and visits
72 Bylaws
73 Restrictions on acquisition of securities
74 Work for other boards
75 Boards to control management of schools
76 Principals
77 Guidance and counselling
77A Enrolment records
78 Regulations relating to control and management of schools
78A Powers of entry and inspection
78B Entry where private school suspected of being unregistered
78C Police vetting of non-teaching and unregistered employees at schools
78CA Police vetting of contractors and their employees who work at schools
78CB Police vet must be obtained before person has unsupervised access to students
78CC Further Police vets to be obtained under this Part every 3 years
78CD Procedures relating to Police vets
78D School risk management scheme
78E School risk management scheme fees
78F Regulations relating to school risk management scheme
78G Former school risk management schemes
Part 7A
Interventions in schools
78H Purpose of Part
78I Application of interventions
78J Requirement to provide information
78K Specialist help
78L Action plans
78M Limited statutory manager
78N Dissolution of board and appointment of commissioner
78NA No compensation for loss of office
78O Commissioners
78P Commissioner sets date for election of trustees
78Q Protection of limited statutory managers and commissioners
78R Annual review of interventions
78S Application of interventions to integrated schools
78T Application of interventions to Kura Kaupapa Maori
Part 8
Financial
79 Grants for boards
80 No transfer between grants [Repealed]
81 Payment of teacher salaries from sources other than grants [Repealed]
81A Grants for correspondence schools
81B Management of financial management system [Repealed]
82 Annual financial statements [Repealed]
83 Responsibility for financial statements [Repealed]
84 Audit report on financial statements [Repealed]
85 Financial statements to be included in annual report [Repealed]
86 Financial year [Repealed]
87 Annual reports
87A Audit
87B Report on performance of schools' sector
87C Annual financial statements of boards
88 Payment of travel costs and attendance fees
88A Rent for teachers' residences
89 Payroll service
90 Application of Public Finance Act 1989 [Repealed]
91 Transitional arrangements for payment of teacher salaries [Repealed]
Part 8A
Payment of teacher salaries
91A Interpretation
91B Application
Payment of salaries
91C Salaries of teachers at certain schools to be paid by the Crown
91D Agreements to move from central payment of teacher salaries [Repealed]
91E Payment of salaries of certain teachers out of grants [Repealed]
91F Restrictions on payment of salaries of regular teachers by boards of payrolled schools
91G Relieving teachers
Limitations on staffing
91H Limitations on appointment and employment of regular teachers at payrolled schools
91I Secretary may grant exemptions in individual cases
91J Boards to comply with limitations
91K Reduction in grants where limitations not complied with
91L Staffing levels for 1992
Application period may be extended
91M Application period may be extended
91N Power of Secretary to employ teachers
Part 9
School boards
92 Interpretation
93 Schools and special institutions to have boards of trustees
94 Constitution of boards of State schools
94A Proprietors of integrated schools may vary number of trustees they appoint
94B Boards may alter their own constitutions
94C Limitations on co-option and appointment of trustees
95 Boards of correspondence schools and certain other educational institutions
96 Parent representatives
97 Staff and student representatives
98 Boards of newly established schools
99 Criteria for selecting co-opted and appointed trustees
100 Availability of annual report
101 Elections of trustees
101A Staggered elections for parent representatives
101AB Election not to be held when school under notice of closure
101B Consultation requirements for staggered elections of parent representatives
102 Term of office
103 Certain persons ineligible to be trustees
103A Financial interests that disqualify persons from being trustees
103B Requirements before appointment
104 When casual vacancies arise
105 Filling casual vacancies of elected trustees
105A Minister may approve alternative constitution in certain cases
106 Commissioner may be appointed if board inactive or trustees too few [Repealed]
107 Minister may dissolve board for cause, and direct appointment of commissioner [Repealed]
108 Consultation with proprietors of integrated school [Repealed]
109 Commissioners [Repealed]
109A Provisions relating to board with staggered election cycle where commissioner appointed
110 Boards may combine
110A Minister may combine boards at establishment
111 Restrictions on combining
112 Minister may split combined board
112A Splitting boards that were combined at establishment
113 Property held in trust
114 Allocation of employees after combined board split
115 Transfer of assets of split combined board
116 Each school to be represented on combined board
116A Appointment of principal of combined board
117 Other provisions applying to boards
118 Regulations
119 Savings
Part 10
Teacher registration
120 Interpretation
Restrictions on appointment and employment of teaching staff
120A Restrictions on appointment of teachers
120B Restrictions on continued employment of teachers
120C Restrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension
Teacher registration
121 Applications for registration as teacher
122 Full registration
123 Provisional registration
124 Registration of experienced teachers
124A Determining whether or not training satisfactory
124B Determining good character and fitness to be teacher
125 Determining whether or not employment satisfactorily completed
126 Appeals from decisions of Teachers Council
127 Expiry of teacher registration
127A Voluntary deregistration
128 Teachers Council to keep register
128A Matching of register information and information about payment of teacher salaries at payrolled schools
129 Cancellation of registration as teacher and cancellation of limited authority to teach
129A Reclassification of teacher's registration
130 Practising certificates
Limited authority to teach
130A Purpose of limited authority to teach
130B Limited authority to teach
130C Determining character and likely teaching ability
130D Appeals from decisions
130E Period of authorisation
130F Teachers Council to keep list
130G Cancellation of authorisation [Repealed]
130H Fees and costs
Teacher Registration Board
[Repealed]
131 Teacher Registration Board [Repealed]
132 Membership of Registration Board [Repealed]
133 Certain people ineligible to be members [Repealed]
134 Co-opted members [Repealed]
135 Powers of Registration Board [Repealed]
135A Teachers Council may disclose certain information
136 Teachers Council may charge fees and impose costs
137 Offences
138 Council to notify cancellations [Repealed]
138A Notification of convictions [Repealed]
138B Notification by certain employers [Repealed]
139 Transitional provisions
Part 10A
New Zealand Teachers Council
139AA Purpose of Part
139AB Interpretation
Teachers Council
139AC New Zealand Teachers Council established
139AD Composition of Teachers Council
139AE Functions of Teachers Council
139AF Powers of Teachers Council
139AG Ministerial directions
139AH Advisory groups
139AI Code of ethics
139AJ Teachers Council to make rules
139AJA Delegations
139AJB Chief executive
139AJC Superannuation
Mandatory reporting
139AK Mandatory reporting of dismissals and resignations
139AL Mandatory reporting of complaints received about former employees
139AM Mandatory reporting of possible serious misconduct
139AN Mandatory reporting of failure to reach required level of competence
139AO Offence to fail to report
139AP Mandatory reporting of convictions
Disciplinary functions
139AQ Disciplinary bodies
139AR Complaints of misconduct
139AS Complaints and reports relating to teacher conduct
139AT Powers of Complaints Assessment Committee
139AU Interim suspension until matter about or involving possible serious misconduct concluded
139AUA Duration of interim suspension
139AV Investigation by Complaints Assessment Committee of reports of convictions
139AW Powers of Disciplinary Tribunal
139AX Evidence at hearings
139AY Powers of Disciplinary Tribunal in relation to witnesses
139AZ Offences
139AZA Privileges and immunities
139AZB Appeals
Review of competence
139AZC Complaints about competence
139AZCA Investigation of mandatory reports about competence
139AZCB Powers of Teachers Council after finding required level of competence not attained
Police vetting
139AZD Teachers Council must co-ordinate Police vetting
Part 11
Miscellaneous
139A No corporal punishment in early childhood services or registered schools
139B Building Act 2004
139C Offence of insulting, abusing, or intimidating staff
139D School transport
139E Bonds for trainee teachers
140 Initial appointment of primary teachers [Repealed]
141 Consequential amendments to Private Schools Conditional Integration Act 1975
142 Other consequential amendments, repeals, revocations, and savings
143 Education boards and secondary schools councils abolished
144 Department of Education abolished
144A Secretary may require information for proper administration of Act
144B Purpose of sections 144C to 144E
144C Regulations about school hostels
144D Inspection of hostels
144E Authorised person for purpose of section 144D
Part 12
Establishment of schools
145 Interpretation
146 Minister may establish schools
146A Single sex schools
147 Names of State schools
148 Normal schools, etc
149 Intermediate departments
150 Contributing schools
151 Provision of education at composite schools
152 Correspondence schools
153 Minister may change class of school
154 Closure of schools
154A Minister may redesignate, or remove designation from, schools
155 Kura Kaupapa Maori
155A Te Aho Matua
155B Te kaitiaki o Te Aho Matua
155C Application of section 155
155D Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
155E Acknowledgment of adoption of Te Aho Matua
155F Protection of term Kura Kaupapa Maori
156 Designated character schools
156A Minister may merge schools
156B Restrictions on mergers in certain cases
156C Property held in trust
157 Consultations
157A Community education forums
158 Provision by one board of tuition for students enrolled at school administered by another
Part 13
General provisions relating to tertiary education
159AAA Object of provisions relating to tertiary education
159 Interpretation
159AA Tertiary education strategy
159AB Importance of tertiary education strategy
159AC Revocation and replacement or amendment of tertiary education strategy
159AD Roles within tertiary education sector
159AE Ministry may hold and disseminate information
159AF Secretary may delegate certain powers and functions to Commission
Part 13A
Tertiary Education Commission
Preliminary provisions
159A Purpose of Part
159ABA Outline of framework for planning, funding, and monitoring in tertiary education sector
159B Definition of organisation
Establishment of Commission
159C Establishment of Commission
159D Composition of Commission
159E Charging
Functions of Commission
159F Functions of Commission
159G Principles guiding how Commission operates
159H Minister may review performance of Commission [Repealed]
159I Delegation of functions or powers of Minister
159J Minister may direct Commission
159K Application of Commerce Act 1986
159KA Chief executive
159KB Responsibilities of chief executive
159KBA Monitoring and reporting function of chief executive in relation to institutions
159KC Declaration of interests
159KD Superannuation
159KE Statement of intent
159KF Annual report
159KG Certain powers must not be delegated
Funding mechanisms
159L Minister determines design of funding mechanisms
159M Restrictions on design of funding mechanisms
159N Funding mechanisms consistent with quality assurance principle
159O Commission to implement funding mechanisms
Requirements for, and content of, proposed plans
159P Requirements for proposed plans
159Q Exemption from certain requirements for proposed plans
159R Content of, and processes for submitting, proposed plans prescribed by Commission
159S Commission may exempt organisation from complying with certain matters
Submitting proposed plan
159T Who must submit proposed plan
159U Exemption from requirement to submit proposed plan
159V Frequency of submitting proposed plans
159W Submitting combined proposed plan
Preparing and consulting on proposed plans
159X Preparing and consulting on proposed plans
Assessment of proposed plans and giving of funding approval
159Y Criteria for assessing proposed plans
159YA Commission's assessment of proposed plans, giving of funding approval, and payment of funding
159YB Commission may decline to assess proposed plan
159YC Conditions on receiving funding under section 159YA
159YD Accountability for funding received under section 159YA
Expiry of funding approval
159YE Expiry of funding approval
159YF Effect of expiry of funding approval
Suspension or revocation of funding given under section 159YA
159YG Commission may suspend or revoke funding given under section 159YA
159YH Extending suspension of funding
159YI Effect of suspending or revoking funding given under section 159YA
159YJ Review of decision by delegate to suspend or revoke funding given under section 159YA
Amending or replacing plans
159YK Organisation may seek approval for significant amendment, or replacement, of plan
159YL Effect of significant amendment or replacement of plan under section 159YK
159YM Commission may make significant amendment to plan
159YN Effect of significant amendment made to plan under section 159YM
Plan summary
159YO Summary of plans
159Z Profiles must be publicly available [Repealed]
Funding by Commission
[Repealed]
159ZA Minister must determine design of funding mechanisms [Repealed]
159ZB Approval of profiles for funding purposes [Repealed]
Funding under this Part other than via plans
159ZC Funding other than via plans
159ZD Conditions on funding received under section 159ZC
159ZE Accountability for funding received under section 159ZC
159ZF Commission may suspend or revoke funding given under section 159ZC
159ZG Extending suspension of funding
159ZH Review of decision made by delegate to suspend or revoke funding under section 159ZC
Part 14
Establishment and disestablishment of tertiary institutions
160 Object
161 Academic freedom
162 Establishment of institutions
163 Constitution of institutions
164 Disestablishment of institutions
Part 15
Administration of tertiary institutions
Councils
165 Institutions to be governed by councils
166 Incorporation
167 Affixing of council's common seal
Constitution of councils
168 Constitutions of councils of existing institutions [Repealed]
169 Constitutions of councils of new institutions
170 Amendment of constitution
171 Requirements as to constitutions of councils
172 Transitional provisions relating to an institution's first council [Repealed]
173 Term of office
174 Vacation of office
175 Disclosure of interest
176 Casual vacancies
177 Chairperson and deputy chairperson
178 Meetings of councils
179 Fees and allowances
Functions and duties of councils
180 Functions of councils
181 Duties of councils
182 Determination of policy
183 Personal liability
Charters
[Repealed]
184 Each institution to have charter [Repealed]
184A Interim arrangements for charters [Repealed]
185 Consultations [Repealed]
186 Consideration of proposed charter or amendment [Repealed]
187 Power of Minister to initiate amendment of charter [Repealed]
188 Approval of charter or amendment [Repealed]
189 What happens if institution has no charter [Repealed]
190 Mandatory requirements for charter [Repealed]
191 Charter to be available for inspection [Repealed]
Profiles
[Repealed]
191A Each institution to have a profile [Repealed]
Powers of institutions and councils
192 Powers of institutions
193 Powers of councils
194 Statutes
195 Trust property
Institutions at risk
195A Criteria for risk assessment of institutions
195B Institutions to provide information if required
195C Minister may appoint Crown observer
195D Minister may dissolve council and appoint commissioner
195DA Protection of commissioners
195E Powers and functions of commissioner
195F Minister to appoint advisory committee
195G Review of operation of sections 195A to 195F
Chief executive and staff
196 Duties of chief executive
197 Delegation by chief executive
198 Transitional provisions for employment of staff
Bulk funding
[Repealed]
199 Grants to institutions [Repealed]
Finance
200 Bank accounts
201 Proper accounts to be kept
201A How institutions may use income and capital
201B Gifts
202 Application of money
203 Institutions are Crown entities
Miscellaneous provisions
204 Transfer of assets and liabilities on commencement
205 Taxes and duties in relation to property of existing institutions
206 Transfer of Crown assets and liabilities to institutions
207 Provisions relating to transfer of land
208 Title to land
209 Land certification
210 Maori land claims
211 District Land Registrar to register necessary memorial
212 Resumption of land on recommendations of Waitangi Tribunal
213 Resumption of land to be effected under Public Works Act 1981
214 Resumption of Wahi Tapu
215 Orders in Council relating to transfer of assets and liabilities
216 Interpretation relating to transfer of assets and liabilities
217 Effect of disestablishment
218 Taxes and duties where disestablished institution incorporated into other institution
219 Taxes and duties in other cases
220 Annual report
221 Annual report to be available for inspection
222 Delegation by council
Part 15A
Special provisions relating to polytechnics
Polytechnic councils
222AA Constitution of polytechnic councils
222AB Statutes relating to appointment of members by polytechnic councils
222AC Membership of more than one polytechnic council
222AD Matters to be considered when appointments made
222AE Term of office
222AF Reappointment and re-election
222AG Chairperson and deputy chairperson
222AH Duties of members of polytechnic councils
222AI Accountability for individual duties
222AJ Removal of members
222AK Process for removal
Combination of polytechnic councils
222AL Voluntary combination of councils
222AM Constitution of combined councils
222AN Effect of combination
222AO Dissolution of combined council
222AP Effect of dissolution
222AQ Initial membership of polytechnic councils after dissolution of combined council
Combined academic boards
222AR Polytechnic councils may establish combined academic boards
Interventions
222A Specialist help
222B Performance improvement plans
222C Crown manager
222D Protection of Crown managers
222E Powers may be used concurrently
222F Polytechnic council may request intervention
Part 16
Programmes and students
223 Programmes
224 Enrolment of students
225 Records relating to students
226 Secretary may require information
226A Disclosure of enrolment information by institutions
226B Offences concerning information requests
227 Fees for domestic students
227A Ministerial direction to institutions relating to compulsory student services fees
228 Fees for international students
228A Tertiary institutions to give prospective students information about fees
229 Fees payable to associations of students [Repealed]
Part 16A
Membership of associations of tertiary students
[Repealed]
229A Membership of students association voluntary
229B Undue influence
229C Complaints
229CA Students association membership fees
229D Sections 229A to 229CA apply to private training establishments
229E Councils to conduct referenda [Repealed]
229F Voting slip [Repealed]
229G Disclosure, refund, and fixing of compulsory fees [Repealed]
229H Close, and declaration of result, of referendum [Repealed]
229I Campaign funding to be equalised [Repealed]
229J Association to disclose value of resources used for campaign [Repealed]
229K Group receiving equalisation money to account for its use [Repealed]
229L Undue influence [Repealed]
229M Complaints [Repealed]
229N Provisions applying when membership of association of students is voluntary [Repealed]
229O Association of students may prescribe fee for membership, and council may collect it [Repealed]
229P Provisions applying when membership of association of students is compulsory [Repealed]
229Q Association of students may prescribe fee for membership, and Council may collect it [Repealed]
Part to apply to private training establishments
[Repealed]
229R Application to private training establishments [Repealed]
Part 17
Education Review Office
[Repealed]
230 Review of institutions [Repealed]
231 Powers of Chief Review Officer [Repealed]
Part 18
Private training establishments
Interpretation
232 Interpretation
Programmes and training schemes in which international students enrolled
232A Requirements that private training establishments must comply with before enrolling international students
232B Exemptions
232C Requirement to be registered before providing approved programmes or training schemes
Applications for registration
232D Applications for registration of private training establishments
232E Authority may verify identity of governing members of private training establishment
Determination of application
233 Grant or refusal of application
233A Criteria for determining whether governing member of private training establishment is fit and proper person
Conditions and other requirements of registration
233B Conditions of registration
233C Annual fee
Cancellation and lapse of registration
233D Cancellation of registration
233E Effect of cancellation
234 Lapse of registration
Fees for domestic students
234A Fees for domestic students must not exceed maximums set in conditions of funding
Information that must be given to prospective students
234B Information that private training establishments must give prospective students
Protection of student fees
234C Interpretation
234D Application of rules relating to student fee protection
234E Student fees must be deposited with independent trustee
235 Refund entitlements of domestic students
235A Refund entitlements of international students
235B Refund requirements set by Gazette notice
235C Rules apply if students withdraw because of programme or training scheme closure
235D Ministerial direction to registered private training establishments relating to compulsory student services fees
Information sharing with other government departments
235E Private training establishment to notify immigration officer if student withdraws from programme or training scheme
235F Disclosure of enrolment information by private training establishments
236 Offences concerning information requests
Student records
236A Duties of private training establishments to maintain student records
237 Cancellation of registration [Repealed]
238 Notice [Repealed]
Part 18A
International students
238D Interpretation
238E Signatories to code may enrol persons as international students
238EA Obligation on provider to enrol person as international student
238F Code
238G Sanctions
238H Export education levy
238I Purpose and administration of export education levy
Part 19
Vice-Chancellors Committee
239 Definitions
240 Establishment of Committee
241 Functions of Committee
242 Powers of Committee
243 Devolution of certain property
244 Taxes and duties in relation to Vice-Chancellors Committee
245 General saving of statutes, etc, of University of New Zealand
Part 20
New Zealand Qualifications Authority
Interpretation
246 Interpretation
Functions of Qualifications Authority
246A Functions of Authority
247 Certain functions of Authority in relation to entrance to universities
New Zealand Qualifications Framework
248 New Zealand Qualifications Framework
Directory of Assessment Standards
248A Directory of Assessment Standards
248B Standard-setting bodies
Approval of programmes
249 Approval of programmes
249A Conditions on programme approvals
Accreditation to provide approved programmes
250 Accreditation to provide approved programmes
250A Conditions on accreditation
250B Lapse of accreditation
250C Withdrawal of accreditation
Training schemes and consents to assess against standards
251 Application for training scheme approval
251A Conditions of training scheme approval
251B Withdrawal of training scheme approval
251C Lapse of training scheme approval
Consent to assess against standards
252 Consent to assess against standards
252A Conditions
252B When a consent expires or ceases to have effect
Rules
253 Rules
Functions and powers of Authority in relation to universities
253A Exercise of certain powers of Authority by Vice-Chancellors Committee
Granting of awards
253B Powers of Authority in granting of awards
Use of certain terms in name of registered establishment
253C Minister may consent to registered establishments using certain terms in their names
Fees
254 Fees
Enforcement powers of Authority
254A Power to obtain information
255 Compliance notices
255A Powers of entry and inspection
Research
256 Research
Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority
256A Continuation of New Zealand Qualifications Authority
256B Constitution
256C Chief executive
256D Delegation by Authority
256E Membership of Government Superannuation Fund
256F Child care allowances
256G Taxation
257 Entrance to universities [Repealed]
258 Approval of courses [Repealed]
259 Accreditation to provide approved courses [Repealed]
260 Exercise of certain powers of Authority [Repealed]
261 Only accredited institutions to provide approved courses [Repealed]
262 Notice [Repealed]
263 Awards for approved nationally recognised courses [Repealed]
264 Applications for consents by Authority [Repealed]
265 Examination and assessment [Repealed]
266 Fees [Repealed]
267 Saving of certain statutes, etc, of University of New Zealand [Repealed]
268 Powers of Minister [Repealed]
Part 21
Education New Zealand
269 Education New Zealand established
269A Interpretation
270 Functions
271 International education strategy
272 Membership of board of Education New Zealand
272A Special advisers to the board
272B International education stakeholder advisory committee
273 Chief executive
273A Responsibilities of chief executive
273B Superannuation
274 Application of Part 2 of Commerce Act 1986
274A Transfer of Ministry employees to Education New Zealand
274B No compensation for technical redundancy of employees of Education New Zealand Trust
275 Power of Secretary to obtain information [Repealed]
276 Powers of Board [Repealed]
277 Transitional provisions relating to Education and Training Support Agency [Repealed]
Part 22
Careers New Zealand
278 Interpretation
279 Careers New Zealand is service for purposes of this Part
280 Functions of Service
281 Continuation of Board
282 Duties of Board
283 Charter of Service [Repealed]
283A Minister may require Board to negotiate document of accountability [Repealed]
283B Minister may prepare document where no agreement reached [Repealed]
283C Contents of statement of intent
283D Amendments to documents [Repealed]
283E Revocation of documents [Repealed]
283F Board to comply with document of accountability [Repealed]
283G Non-compliance with document [Repealed]
283H Minister may dismiss Board where non-compliance not rectified
283I Minister to publish certain documents and directions [Repealed]
284 Communication of government policy to the Board [Repealed]
285 Power of Secretary to obtain information [Repealed]
286 Powers of Board
286A Child care allowances
286B Chief executive
286C Membership of Government Superannuation Fund
286D Employees transferring from Ministry and education boards
286E Board may not delegate power to appoint general manager
286F Delegations to general manager
286G Taxation
Part 23
Tertiary Research Board
[Repealed]
287 Definitions [Repealed]
288 Establishment of Board [Repealed]
289 Constitution of Board [Repealed]
290 Functions of Board [Repealed]
291 Powers of Board [Repealed]
Part 24
Miscellaneous provisions
292 Offences relating to use of certain terms
292A Offences relating to false representations
292B Liability of body corporate and directors in respect of false representations
292C Offence to issue false qualifications and falsify records
292D Offence to fail to comply with section 236A (student records)
292E Offence to provide or advertise cheating services
292F Offences relating to enrolment of international students and registration of private training establishments
292G Offence to contravene requirements in section 234E relating to student fees
292H Injunctions and orders of High Court
293 Transitional provisions consequential on repeal of Adult Education Act 1963
294 Taxes and duties in relation to property of former National Council of Adult Education
295 Transitional provisions consequential on repeal of Trades Certification Act 1966
296 Taxes and duties in relation to property of former New Zealand Trades Certification Board
297 Transitional provisions consequential on repeal of Universities Act 1961
298 Taxes and duties in relation to certain property of former University Grants Committee
299 Transitional provisions consequential on repeal of Vocational Awards Act 1979
300 Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301 Regulations
301A Change of names of education entities
Part 25
Student allowances and administration of student loans
302 Interpretation
303 Student allowances
304 Student Allowance Appeal Authority
305 Appeals
306 Procedures to be prescribed
306A Disclosure of enrolment information by secondary schools
307 Recipients of allowances or student loans, and other persons, may be required to provide information
307AAA Suspension or refusal for not providing information
307AA Offences concerning allowances and student loans
307AB Allowances identified by Gazette notice
307AC Bonded scholarships
307A Use of student allowance information for purposes of Social Security Act 1964
307B Recovery of debts
307C Ministry may carry out information matching of student loan information [Repealed]
307D Details of academic performance
Part 26
Early childhood education and care
Interpretation
308 Overview
309 Interpretation
310 Meaning of early childhood education and care centre
Funding
311 Funding of certain early childhood services and certificated playgroups
311A Grants to licence-exempt centres [Repealed]
311B Reporting requirements if grant paid to licence-exempt centre [Repealed]
312 Loans to licensed early childhood services
Administration and curriculum
313 Administrative requirements
314 Curriculum framework
Licensing and certification provisions
315 Service providers operating early childhood education and care centres to be licensed
315AA Police vetting of contractors and their employees who work at early childhood services [Repealed]
315AB Internal procedures relating to Police vets [Repealed]
315A Payment of fees for attendance of children at kindergartens [Repealed]
316 Certain service providers may be licensed
317 Regulations relating to licensing
318 Playgroups may be certificated
319 Regulations relating to certification of playgroups
Powers of entry and inspection
319A Parent's right of entry
319B Powers of entry and inspection without warrant
319C Powers of entry and inspection with warrant
Police vetting of employees
319D Police vetting of non-teaching and unregistered employees at licensed early childhood services
319E Police vetting of contractors and their employees who work at licensed early childhood services
319F Police vet must be obtained before person has unsupervised access to children
319FA Procedures relating to Police vets under section 319D or 319E
Police vetting of household members for home-based services
319FB Police vetting of adult members of household where licensed home-based education and care service provided
319FC When Police vet under section 319FB must be obtained
319FD Procedures relating to Police vets under section 319FB
Service provider to obtain further Police vets under this Part every 3 years
319FE Further Police vets to be obtained every 3 years
Miscellaneous
319G Offence of insulting, abusing, or intimidating staff
319H Offence of obstructing power of entry
319I Payment of fees for attendance of children at kindergartens
319J Centres situated on property owned by the Crown
Transitional provisions
319K Existing early childhood centres deemed to be licensed
319L Existing chartered care arrangers deemed to be licensed
319M Funding conditions during transitional period
319N Existing regulations preserved
319O Licence-exempt centres may continue
Part 27
Recognition and funding of other services
320 Interpretation
321 Grants to educational bodies
322 Educational bodies to keep accounts
Part 28
Review of educational services
323 Interpretation
324 Educational services to which this Part applies
325 Chief Review Officer to perform certain functions
326 Review officers
327 Powers of entry and inspection
328 Review officers to prove identity
Provisions concerning students with enrolment exemption
328A Functions of Chief Review Officer
328B Review officers
328C Powers of review officers for purposes of sections 328A to 328D
328D Review officers to prove identity before acting under section 328C
Provisions concerning hostels
328E Functions of Chief Review Officer
328F Review officers
328G Powers of review officers for purposes of sections 328E to 328H
328H Review officers to prove identity before acting under section 328G
Part 29
Learning Media Limited
329 Interpretation
330 Incorporation of company [Repealed]
331 Principal objective of company
332 Crown shareholding [Repealed]
333 Application of Government Superannuation Fund Act 1956
334 Application of Public Finance Act 1989 [Repealed]
335 Auditor [Repealed]
336 Application of Companies Act 1955 [Repealed]
337 Personnel policy [Repealed]
338 Equal employment opportunities programme [Repealed]
339 Consultation with State Services Commissioner [Repealed]
340 Existing rights, assets, liabilities, and debts
Part 30
National student numbers
341 Purpose
342 Interpretation
343 Assigning national student numbers
344 Use of national student numbers
345 Student may use or disclose own national student number
346 Offences
347 Regulations
Schedule 1
Transitional provisions relating to special education
[Repealed]
Schedule 2
Administrative provisions applying to Board continued by section 37
[Repealed]
Schedule 3
Administrative provisions applying to Board continued by section 43
[Repealed]
Schedule 4
Administrative provisions applying to Parent Advocacy Council
[Repealed]
Schedule 5
Specified institutions
Schedule 5A
Application of Crown Entities Act 2004 to school boards of trustees
Schedule 6
Other provisions applying to boards
Schedule 7
New Zealand Teachers Council and members
[Repealed]
Schedule 8
Consequential amendments to Private Schools Conditional Integration Act 1975
Schedule 9
Consequential amendments to Education Act 1964
Schedule 10
Other consequential amendments
Schedule 11
Consequential repeals
Schedule 12
Consequential revocations
Schedule 13
Existing institutions
Schedule 13A
Application of Crown Entities Act 2004 to tertiary education institutions
Schedule 14
Administrative provisions applying to Vice-Chancellors Committee
Schedule 15
Administrative provisions applying to New Zealand Qualifications Authority
[Repealed]
Schedule 16
Administrative provisions applying to the Agency continued by section 270
[Repealed]
Schedule 17
Administrative provisions applying to the Service continued by section 279
[Repealed]
Schedule 18
Administrative provisions applying to Tertiary Research Board
[Repealed]
Education Act 1964
Education Amendment Act 1989
Education Amendment Act (No 4) 1991
Education Amendment Act (No 2) 1998
Education Standards Act 2001
Education (Tertiary Reform) Amendment Act 2002
Education (Tertiary Reforms) Amendment Act 2007
Education (Polytechnics) Amendment Act 2009
Education Amendment Act 2010
Education Amendment Act (No 3) 2010
Education Amendment Act 2011
Education (Freedom of Association) Amendment Act 2011
Reprint notes