New Zealand Legislation: Acts

35A Registration and inspection of private schools

• (1) In this section,—

  efficient, in relation to a private school or proposed private school, means—

  • (a) having suitable premises, staffing, equipment, and curriculum; and

  • (b) usually providing tuition for 9 or more students who have turned 5 but are under 16; and

  • (c) providing suitably for the inculcation in the minds of students of sentiments of patriotism and loyalty; and

  • (d) giving students tuition of a standard no lower than that of the tuition given to students enrolled at—

    • (i) primary schools of the same class, where the school's managers want it to be registered as a primary private school:

    • (ii) secondary schools of the same class, where the school's managers want it to be registered as a secondary private school:

    • (iii) special schools of the same class, where the school's managers want it to be registered as a special private school

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

  (2) No premises shall be deemed not to be operating as a school by reason only of the fact that certificates of exemption under section 21 are held in respect of all or any of the students being taught there.

  (3) The managers of an unregistered or proposed private school may apply to the Secretary for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.

  (4) If satisfied that the premises, staffing, equipment, and curriculum of a school or proposed school in respect of which an application is made under subsection (3) are or are likely to be suitable, the Secretary shall provisionally register the school as a school of the description or descriptions concerned.

  (5) Provisional registration of a school or proposed school shall (unless earlier revoked) continue in force for 12 months only, and then expire.

  (6) As soon as is practicable after provisionally registering a school or proposed school, the Secretary shall tell the Chief Review Officer.

  (7) Unless a proposed school has not in fact been established, the Chief Review Officer shall—

  • (a) between 6 and 12 months after the provisional registration of a school or proposed school; or

  • (b) by agreement with its managers, earlier,—

  ensure that a review officer reviews the school in action, and prepares a written report on the review to the Secretary and the school's managers.

  (8) If satisfied, having considered the review officer's report, that a provisionally registered school is efficient, the Secretary shall fully register the school as a school of the description or descriptions concerned.

  (9) The Chief Review Officer shall ensure that—

  • (a) while registered under this section, a school is reviewed in action by a review officer—

    • (i) before 1 January 1993 or the third anniversary of its registration (whichever is the later); and

    • (ii) thereafter, at intervals of no more than 3 years; and

  • (b) the review officer prepares a written report on the review and gives copies to the Secretary and the school's principal (or other chief executive) and managers.

  (10) Subject to subsection (11), the Secretary may at any time cancel a school's registration under this section.

  (11) The Secretary shall not cancel a school's registration under this section unless, after having—

  • (a) taken all reasonable steps to get all the relevant information; and

  • (b) considered a report on the school from a review officer,—

  the Secretary is not satisfied that the school is efficient.

  (12) Where—

  • (a) a school that is not a registered school operates as a school; or

  • (b) a school registered under this section as a school of a particular description or descriptions operates as a school of another description; or

  • (c) a school registered under this section whose managers have not told the Secretary that it will stop operating does not operate,—

  the school's managers commit an offence against this Act, and shall be liable on summary conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.

  (13) Every school that, on 31 December 1989 was or was deemed to be fully or provisionally registered under section 186 of the Education Act 1964 as a school of a particular description or descriptions, shall be deemed to have been fully or provisionally (as the case may be) registered under this section on 1 January 1990 as a school of that description or those descriptions.

  (14) The managers of a private school where more than 29 foreign students are (or, as the case may be, will be) enrolled shall pay to the Chief Review Officer (on written demand by the Chief Review Officer, and as a debt due to the Chief Review Officer) a proportion of the cost to the Education Review Office of every review of the school undertaken by the Education Review Office under this Act bearing the same relation to its total cost as the number of foreign students enrolled (or to be enrolled) there bears to the total number of students enrolled (or to be enrolled) there.

  Section 35A: inserted, on 1 January 1990, by section 9(1) of the Education Amendment Act 1989 (1989 No 156).

  Section 35A(1) efficient paragraph (b): amended, on 19 December 1998, by section 12 of the Education Amendment Act (No 2) 1998 (1998 No 118).

  Section 35A(14): added, on 23 July 1990, by section 11 of the Education Amendment Act 1990 (1990 No 60).