Reprint as at 1 January 2014

Education Act 1989

Public Act1989 No 80
Date of assent29 September 1989
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Education.


Contents

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3A Restriction on attendance at certain schools [Repealed]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11 Limitations on enrolment at certain primary schools [Repealed]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]

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]

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]

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

65DA Multiple timetable arrangements

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 Functions and powers of boards

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

139AAA Surrender and retention of property

139AAB Searches of clothing and bags or other containers

139AAC Restrictions on searches under section 139AAB

139AAD Limitations on sections 139AAA and 139AAB

139AAE Prohibitions on searches by contractors

139AAF Refusal to reveal, produce, or surrender item

139AAG Power to search storage containers not affected

139AAH Rules about surrender and retention of property and searches

139AAI Guidelines about surrender and retention of property and searches

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

156AB Election or appointment of boards of continuing schools

156AC Alternative constitutions for continuing 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 12A
Partnership schools kura hourua

158A Interpretation

Approval and operation of partnership schools kura hourua

158B Minister may approve sponsors

158C Minister must appoint advisory group

158D Partnership school contracts

158E Complaints

158F Prohibitions on operation of partnership schools kura hourua

158G Sponsor's duties

158H Sponsor to control management of partnership school kura hourua

158I School rules

158J Sponsor's power to delegate

158K Annual financial statements of partnership schools kura hourua

158L Partnership school kura hourua may participate in school risk management scheme

158M Intervention in partnership school kura hourua by Secretary

Enrolment in partnership schools kura hourua

158N Enrolment in partnership schools kura hourua

158O Equal rights to primary and secondary education in partnership schools kura hourua

158P Special education in partnership schools kura hourua

Multiple timetable arrangements

158Q Multiple timetable arrangements in partnership schools kura hourua

Exclusions

158R Secretary's powers when student younger than 16 is excluded from partnership school kura hourua

158S Re-enrolment by partnership school kura hourua of student excluded or expelled

Courses and visits

158T Courses and visits outside partnership school kura hourua premises

Application of Act to partnership schools kura hourua

158U Application of this Act to partnership schools kura hourua

158V Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua

Application of other Acts to partnership schools kura hourua

158W Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua

158X Application of Privacy Act 1993 to partnership schools kura hourua

158Y Official Information Act 1982 not to apply to partnership schools kura hourua

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

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

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

319AA Application of Legislation Act 2012 to certain material incorporated by reference

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, or leased to, 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 Person 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 Amendment Act (No 4) 1991

Education Amendment Act (No 2) 1998

Education Standards Act 2001

Education (Tertiary Reform) Amendment Act 2002

Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004

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


An Act to reform the administration of education