Part 1 Rights to primary and secondary education

2 Interpretation

(1)

In this Part, and Parts 2, 3, and 11, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9; and,—

(a)

in relation to a school, means the school’s board; and

(b)

in relation to a principal, means the board of the principal’s school

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

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

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

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

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

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

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

(a)

a New Zealand citizen; or

(b)

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

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students

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

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

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

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

institution has the same meaning as it has in section 159

integration means the conditions and procedures on and by which a private school may become established as part of the State system of education. and remain part of that system, on a basis that preserves and safeguards the special character of the education that the school provides, and integrated has a corresponding meaning

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

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

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

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

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

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

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

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

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

(a)

a secondary school:

(b)

a composite school:

(c)

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

(d)

a special school that is a relevant school within the meaning of section 246

partnership school contract means a contract for the operation of a partnership school kura hourua entered into under section 158D and, in relation to a sponsor, means the partnership school contract to which the sponsor is a party

partnership school kura hourua means a school in respect of which—

(a)

the Minister has approved a sponsor under section 158B; and

(b)

a partnership school contract is in force

primary partnership school kura hourua means a partnership school kura hourua designated as a primary partnership school kura hourua by notice under section 158B

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

principal means the chief executive of a State school; and, in relation to a school, a person enrolled at the school, or the enrolment of a person at a school, means the principal of the school

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

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

registered school means a school that is a State school, a State integrated school, a partnership school kura hourua, or a school registered under section 35A

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

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

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

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

Secretary means the chief executive of the Ministry

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

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

sponsor means a body approved by the Minister under section 158B to operate a partnership school kura hourua

State integrated school means a school that—

(a)

provides education with a special character; and

(b)

has been established as a State integrated school under section 421

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

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

tertiary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of the participating student’s apprenticeship training (as defined in section 13C of the Industry Training and Apprenticeships Act 1992), or participation in tertiary education that—

(a)

is provided by any 1 or more of the following:

(i)

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

(ii)

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

(iii)

a government training establishment:

(iv)

an institution:

(v)

a registered establishment; and

(b)

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

walking distance, in relation to travel between a person’s residence and a school,—

(a)

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

(b)

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

(i)

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

(ii)

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

(iii)

every intermediate distance between one element of public transport and another

(2)

In this Part, and Parts 2 and 3, unless the context otherwise requires, a special school, special class, special clinic, or special service means a school, class, clinic, or service established under section 98(1) of the Education Act 1964 as a special school, special class, special clinic, or special service respectively.

(3)

[Repealed]

(4)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

(5)

The explanatory note of regulations made under subsection (4) must indicate that—

(a)

they are a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

(6)

[Repealed]

Section 2(1) assisted student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

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

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

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

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

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

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

Section 2(1) domestic student paragraph (c): amended, on 30 August 2011, by section 4(2) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) enrolment scheme: replaced, on 19 December 1998, by section 2 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 2(1) enrolment scheme: amended, on 19 May 2017, by section 5(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

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

Section 2(1) exempt student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) foreign student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

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

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

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

Section 2(1) industry training organisation: amended, on 23 April 2014, by section 23 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

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

Section 2(1) integration: inserted, on 19 May 2017, by section 5(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

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

Section 2(1) international student: inserted, on 30 August 2011, by section 4(3) of the Education Amendment Act 2011 (2011 No 66).

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

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

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

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

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

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

Section 2(1) partnership school contract: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) partnership school kura hourua: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) primary partnership school kura hourua: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

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

Section 2(1) principal: replaced, on 13 June 2013, by section 4(2) of the Education Amendment Act 2013 (2013 No 34).

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

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

Section 2(1) registered school: replaced, on 13 June 2013, by section 4(3) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) registered school: amended, on 19 May 2017, by section 5(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

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

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

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

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

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

Section 2(1) sponsor: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) State integrated school: inserted, on 19 May 2017, by section 5(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

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

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

Section 2(1) tertiary component: amended, on 23 April 2014, by section 23 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

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

Section 2(3): repealed, on 30 August 2011, by section 4(4) of the Education Amendment Act 2011 (2011 No 66).

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

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

Section 2(5): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 2(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).