Powers of entry and inspection

Heading: inserted, on 19 May 2017, by section 51 of the Education (Update) Amendment Act 2017 (2017 No 20).

78A Powers of entry and inspection

(1)

Any person holding an authorisation under subsection (2) may, at any reasonable time,—

(a)

enter and inspect any registered school:

(b)

inspect, photocopy, print out, or copy onto disk any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the board, or manager of the school:

(c)

remove any document described in paragraph (b), whether in its original form or as an electronic or paper copy.

(1A)

If any original documents are removed from a school under subsection (1)(c), the person who removes the documents must—

(a)

leave at the school a list of the documents removed; and

(b)

return the documents, or a copy of them, to the school as soon as practicable unless to do so would prejudice any investigation being or to be carried out by the Ministry.

(2)

The Secretary may authorise in writing any person to exercise the powers in subsection (1).

(3)

Every written authorisation under subsection (2) shall contain—

(a)

a reference to this section; and

(b)

the full name of the person authorised; and

(c)

a statement of the powers conferred on that person by this section.

(4)

Every person exercising any power under subsection (1) shall possess the appropriate written authorisation, and evidence of identity, and shall produce them to the person in charge of the premises concerned (or, as the case may be, the person having possession or control of the books, records, or accounts concerned)—

(a)

on first entering the premises; and

(b)

whenever subsequently reasonably required to do so by the person in charge.

(5)

For the purposes of this section, inspection, in relation to any school, includes—

(a)

access to the written and recorded work of students enrolled there; and

(b)

meeting and talking with students enrolled there.

Section 78A: replaced, on 23 July 1990, by section 19(1) of the Education Amendment Act 1990 (1990 No 60).

Section 78A(1): replaced, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 78A(1)(b): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 78A(1)(b): amended, on 29 October 2016, by section 12 of the Education Legislation Act 2016 (2016 No 72).

Section 78A(1A): inserted, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 78A(2): replaced, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 78A(4): amended, on 19 December 1998, by section 24(2)(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 78A(4): amended, on 19 December 1998, by section 24(2)(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).