Part 9 School boards

92 Interpretation

(1)

In this Part, unless the context otherwise requires,—

adult student means a student who has turned 20

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

(a)

in relation to a school or institution, means the board of the school or institution; and

(b)

in relation to a trustee, means the board of which the trustee is a member

board staff, in relation to a board on any day, means the people who, on the day, are not students enrolled full-time at a school or institution administered by the board, and who—

(a)

on the day have taken up a permanent appointment to a position in the employment of the board, or a position (at a school or institution administered by the board) in the employment of a body established under this Act or the Education Act 1964, or of the Secretary; or

(b)

during the period of 2 months ending with that day, have been continuously employed in 1 or more such positions

casual vacancy means a vacancy in the membership of a board arising under section 104

combined board means a board that administers more than 1 school or institution

commissioner means a person for the time being appointed under this Act or the School Trustees Act 1989 to act in place of a board; and, in relation to a board, means a commissioner appointed to act in its place

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

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

election year means a year divisible by 3

household does not include hostel

immediate caregiver, subject to subsection (3),—

(a)

in relation to a student who usually lives in a household that includes the student’s father or mother but not both, but also includes the spouse or partner of the father or mother, means the spouse or partner; and

(b)

in relation to a student who usually lives in a household that includes the student’s father or mother and no spouse or partner of the father or mother, but also includes a person who has turned 20 and has a day-to-day responsibility for the student clearly greater than that of any other person, means that person; and

(c)

in relation to a student who usually lives in a household that does not include the student’s father or the student’s mother, means any member of the household who has turned 20 and has a day-to-day responsibility for the student clearly greater than that of any other person

institution,—

(a)

in relation to a lone board that administers a special institution, means that institution; and

(b)

in relation to a combined board that administers special institutions, means those institutions or any of them; and

(c)

in relation to a trustee of a lone board that administers a special institution, means that institution; and

(d)

in relation to a trustee of a combined board that administers special institutions, means those institutions or any of them

integrated has the same meaning as in section 2(1)

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

lone board means a board that administers only 1 school or institution

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

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

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

partner, in the phrase “spouse or partner” and in related contexts, means civil union partner or de facto partner

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

principal, in relation to a school or institution, means the principal or other chief executive of the school or institution; and except in section 94(1)(c) includes an acting principal

Review Office means the Education Review Office

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

Secretary means the chief executive of the Ministry

special institution means an institution that is—

(a)

for the time being specified in Schedule 5; or

(b)

a correspondence school; or

(c)

an institution (other than an institution that is part of a school) situated in a health camp, an institution under the control of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989, or a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)

State school means an institution that is a primary school, a composite school, or a secondary school; and,—

(a)

in relation to a lone board that administers a school, means that school; and

(b)

in relation to a combined board that administers schools, means those schools or any of them; and

(c)

in relation to a trustee of a lone board that administers a school, means that school; and

(d)

in relation to a trustee of a combined board that administers schools, means those schools or any of them

trustee means a member of a board; and, in relation to a board, a school, or an institution, means a member of the board, or the board of the school or institution.

(2)

[Repealed]

(3)

Notwithstanding subsection (1), for the purposes of this Part, a student who—

(a)

usually lives in a household that includes the student’s father and mother; or

(b)

usually spends approximately equal time in 2 or more households; or

(c)

does not usually live in a household,—

has no immediate caregiver.

(4)

The Governor-General may from time to time, by Order in Council, amend Schedule 5 by—

(a)

adding the name of an institution to it; or

(b)

omitting the name of an institution from it; or

(c)

substituting for the name of an institution any different name.

Compare: 1989 No 3 s 2

Section 92(1) board: amended, on 20 May 2010, by section 24(1) of the Education Amendment Act 2010 (2010 No 25).

Section 92(1) composite school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).

Section 92(1) correspondence school: replaced, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).

Section 92(1) immediate caregiver paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 92(1) immediate caregiver paragraph (b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 92(1) integrated: replaced, on 19 May 2017, by section 72(5) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 92(1) intermediate school: replaced, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).

Section 92(1) Minister: replaced, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 92(1) Ministry: inserted, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 92(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 92(1) primary school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).

Section 92(1) principal: amended, on 20 May 2010, by section 24(2) of the Education Amendment Act 2010 (2010 No 25).

Section 92(1) secondary school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).

Section 92(1) Secretary: replaced, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 92(1) special institution paragraph (c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 92(1) special institution paragraph (c): amended, on 20 May 2010, by section 24(3) of the Education Amendment Act 2010 (2010 No 25).

Section 92(1) special institution paragraph (c): amended, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 92(1) special institution paragraph (c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 92(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 92(1) State school: amended, on 20 May 2010, by section 24(4) of the Education Amendment Act 2010 (2010 No 25).

Section 92(2): repealed, on 1 January 1990, by section 15(5)(g) of the Education Amendment Act 1989 (1989 No 156).