New Zealand Legislation: Acts

129 Cancellation of registration as teacher and cancellation of limited authority to teach

• (1) The Teachers Council must cancel a person's registration or limited authority to teach, if—

  • (a) the Teachers Council is satisfied on reasonable grounds that,—

    • (i) in the case of a teacher, the teacher no longer satisfies the requirements for registration as a teacher (as set out in section 122); or

    • (ii) in the case of an authorised person, the person no longer satisfies the requirements for holding a limited authority to teach (as set out in section 130B(2)); or

  • (b) the Teachers Council is satisfied on reasonable grounds that the registration or authorisation was effected by mistake or obtained by fraud; or

  • (c) the Disciplinary Tribunal has ordered, under section 139AW(1)(g), that the registration or limited authority to teach be cancelled; or

  • (d) the Teachers Council has ordered, under section 139AZCB(b), that the registration or limited authority to teach be cancelled.

  (2) The Teachers Council may not cancel a teacher's registration or an authorised person's limited authority to teach under subsection (1)(a) or (b) without first—

  • (a) taking all reasonable steps to ensure that the teacher or authorised person is given notice of the reasons for the proposed cancellation; and

  • (b) giving the teacher or authorised person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.

  (3) The fact that a teacher's registration or an authorised person's limited authority to teach has been cancelled does not prevent the teacher or authorised person from again being registered or being given a limited authority to teach.

  (4) If a person's registration is ordered to be cancelled under section 139AZCB(b), and the person later applies for registration or for a limited authority to teach, he or she must be treated as a person who has not held a practising certificate for 5 years.

  (5) The Teachers Council must take all reasonable steps to ensure that employers are informed of the name of every person whose registration or limited authority to teach is cancelled—

  • (a) under this section; or

  • (b) as a result of the Teachers Council refusing to renew the person's registration, or to grant a limited authority to teach, on the ground that the person is not of good character or is not fit to be a teacher.

  Section 129: substituted, on 17 May 2006, by section 23 of the Education Amendment Act 2006 (2006 No 19).

  Section 129(1)(d): amended, on 21 December 2010, by section 18(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

  Section 129(4): amended, on 21 December 2010, by section 18(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).