New Zealand Legislation: Acts

139AR Complaints of misconduct

• (1) A person who wishes to make a complaint about the conduct of a teacher must first make the complaint to the teacher's employer, unless one of the circumstances in subsection (2)(a) to (d) applies.

  (2) Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the conduct of a teacher—

  • (a) if the complaint is about a teacher who is not currently employed by an employer; or

  • (b) if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or

  • (c) if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or

  • (d) in any other exceptional circumstance.

  (3) A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it.

  Section 139AR: inserted, on 1 September 2004, by section 37(1) of the Education Standards Act 2001 (2001 No 88).