11P Secretary may direct board to enrol applicant

(1)

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

(2)

The Secretary may direct the board of a State school to enrol an applicant whose application for enrolment it has declined if he or she is satisfied that—

(a)

the board has declined the application on the ground that the applicant is not living in the school’s home zone, but in fact he or she is living in the zone; or

(b)

not giving a direction would be so disadvantageous to the applicant that overriding the enrolment scheme is justified.

(2A)

The power in subsection (2)(b) may only be exercised in exceptional circumstances.

(3)

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

(4)

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

(5)

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

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

Section 11P(2): replaced, on 19 May 2017, by section 18(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11P(2A): inserted, on 19 May 2017, by section 18(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11P(4): amended, on 19 May 2017, by section 18(2) of the Education (Update) Amendment Act 2017 (2017 No 20).