21 Long term exemptions from enrolment

(1)

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

(a)

on the parent’s application; and

(b)

if satisfied that the person—

(i)

will be taught at least as regularly and well as in a registered school; or

(ii)

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

(2)

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

(3)

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

(4)

The Secretary’s decision is final.

(5)

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

(6)

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

(7)

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

(a)

made reasonable efforts to get all the relevant information; and

(b)

considered a report on the matter from the Chief Review Officer,—

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

(8)

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

(8A)

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

(9)

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

(a)

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

(i)

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

(ii)

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

(b)

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

(i)

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

(ii)

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

and may be revoked under this section accordingly.

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

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

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

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

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