Reprint as at 31 May 2016

Coat of Arms of New Zealand

Education Act 1989

Public Act
 
1989 No 80
Date of assent
 
29 September 1989
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Education.

Contents

Title
1Short Title and commencement
2Interpretation
3Right to free primary and secondary education
3ARestriction on attendance at certain schools [Repealed]
4Enrolment of international students
4ACertain international students may enrol at State schools as of right
4BFees for international students
4CMinister may exempt certain international students from payment of fees
4DBoards to reimburse the Crown for expenditure in respect of international students
4ECourses for international students
5Restrictions on enrolment at primary school
6Restrictions on enrolment at secondary school
7Additional restrictions on enrolment at correspondence school
7ACertain domestic students may be required to pay fees for tuition from correspondence schools
7BFees for evening classes, etc
8Equal rights to primary and secondary education
9Special education
10Right of reconsideration
11Limitations on enrolment at certain primary schools [Repealed]
11APurpose and principles
11BInterpretation
11CContent of enrolment scheme
11DEffect of home zone
11EHow a school defines its home zone
11FHow to select applicants who live outside home zone
11GInstructions and guidelines on operation of enrolment schemes
11HProcess for developing and adopting enrolment scheme
11IProposed enrolment schemes to be approved by Secretary
11JInformation about school’s enrolment scheme
11KCommencement of enrolment scheme
11LEnd of enrolment scheme
11MAmendment of enrolment scheme
11MAMaking minor amendments to enrolment schemes
11NPre-enrolment in schools with enrolment schemes
11OEnrolment may be annulled if based on false information or temporary residence
11OAReview of student’s enrolment
11PSecretary may direct board to enrol applicant
11PAAnnual review of enrolment scheme
11PBEnrolment schemes of certain State schools
11QObligation to report to Parliament on enrolment schemes
12Enrolment schemes for certain other schools [Repealed]
13Purpose
14Principal may stand-down or suspend students
15Board’s powers when suspended student younger than 16
16Secretary’s powers when excluded student younger than 16
17Board’s powers when suspended student 16 or older
17ADuties of principal when student stood-down or suspended
17BWho may attend board meeting concerning suspensions
17CEffect of suspension on school register
17DRe-enrolment of excluded or expelled student
18Notice requirements for stand-downs, suspensions, exclusions, and expulsions
18AASecretary may make rules
18ARecommendation that student should attend particular school
19Principal may preclude student for health reasons
20New Zealand citizens and residents between 6 and 16 to go to school
21Long term exemptions from enrolment
22Secretary may exempt from enrolment
22ASecretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989
23Effect of exemption
24Penalty for failure to enrol
25Students required to enrol must attend school
25ARelease from tuition on religious or cultural grounds
25AARelease from tuition in specified parts of health curriculum
25BRelease from school
26Exemption from attendance
27Principal may exempt from attendance for short period
28Secretary may require parents of certain children to enrol them at correspondence school
29Penalty for irregular attendance
30Employment of school-age children
31Ensuring attendance of students
31ANature of secondary-tertiary programme
31BProvider group for secondary-tertiary programme
31CSecretary may enter into agreement with provider group
31DProvider group plan for secondary-tertiary programme
31EReport to Secretary by provider group
31FRecognition as lead provider of secondary-tertiary programme
31GLead provider to co-ordinate secondary-tertiary programme
31HGovernment policies or priorities
31IEntry into secondary-tertiary programme
31JProvider group or lead provider to notify student and parents about any school attendance requirement
31KWithdrawal from secondary-tertiary programme
31LInternational students and secondary-tertiary programmes
32Hearings of proceedings may be private
33Evidence of school roll, etc
34Burden of proof on parents
35Fines to be paid to boards
35AProvisional and full registration of private schools
35AASuspensions and expulsions of students from private schools to be notified to Secretary [Repealed]
35BSecretary may require application for registration of school
35CCriteria for registration as private school
35DSuitable premises
35EAdditional and substituted premises to be approved
35FTuition standards
35GManagers to be fit and proper persons
35HManagers must advise Secretary of school ceasing operation
35IReview of schools registered under section 35A
35JSecretary’s actions in regard to schools registered under section 35A
35KSuspension of registration if welfare of students may be at risk
35LDuration of suspension
35MProcess for cancellation of registration
35NGrants for private schools
35ORecord-keeping in relation to grants to private schools
35PProviding accounts to Secretary
35QSuspensions and expulsions of students from private schools to be notified to Secretary
35ROffences in relation to operation of private schools
[Repealed]
36Interpretation [Repealed]
37Board continued for purposes of this Part [Repealed]
38Membership of Board [Repealed]
39Function of Board [Repealed]
40Board responsible to Minister [Repealed]
41Powers of Board [Repealed]
[Repealed]
42Interpretation [Repealed]
43Board continued for purposes of this Part [Repealed]
44Membership of Board [Repealed]
45Function of Board [Repealed]
46Board responsible to Minister [Repealed]
47Powers of Board [Repealed]
[Repealed]
48Interpretation [Repealed]
49Parent Advocacy Council [Repealed]
50Membership of Council [Repealed]
51Criteria for appointing members [Repealed]
52Function of Council [Repealed]
53Council may refuse to act in certain cases [Repealed]
54Powers of Council [Repealed]
55Procedure where Council takes matter up [Repealed]
56Council may decide not to proceed with matter [Repealed]
57Council to give reasons [Repealed]
58Procedure where matter deserves action [Repealed]
59Power to obtain information [Repealed]
60Interpretation
60ANational education guidelines
60BConsultation about treatment of health curriculum
61School charter
62Procedural requirements of preparing or updating school charter
63Effect of school charter
63AWhen school charter or updated charter takes effect
63BBoard must make copies of school charter available
64Effect of charter [Repealed]
64ASecretary may require board to get specialist support [Repealed]
65Staff
65ALength of school year
65BTerms
65CHolidays
65DExceptions in particular cases
65DAMultiple timetable arrangements
65EEmergencies
65FApplication of provisions
65GMinister to act by means of instructions
65HApplication of Crown Entities Act 2004
66Delegations
66ANo delegation of power to borrow
66BApplication of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules
67Restrictions on borrowing
67ARestrictions on giving of guarantees and indemnities
67BRestrictions on use of derivatives
68Gifts
69Real property
70Occupancy of property and buildings
70AMinister may declare land to be no longer needed for educational purposes
70BLeases and licences granted by boards
70COther agreements to occupy school land or buildings
71Courses and visits
72Bylaws
73Restrictions on acquisition of securities
74Work for other boards
75Functions and powers of boards
76Principals
77Guidance and counselling
77AEnrolment records
78Regulations relating to control and management of schools
78APowers of entry and inspection
78BEntry where private school suspected of being unregistered
78CPolice vetting of non-teaching and unregistered employees at schools
78CAPolice vetting of contractors and their employees who work at schools
78CBPolice vet must be obtained before person has unsupervised access to students
78CCFurther Police vets to be obtained under this Part every 3 years
78CDProcedures relating to Police vets
78DSchool risk management scheme
78ESchool risk management scheme fees
78FRegulations relating to school risk management scheme
78GFormer school risk management schemes
78HPurpose of Part
78IApplication of interventions
78JRequirement to provide information
78KSpecialist help
78LAction plans
78MLimited statutory manager
78NDissolution of board and appointment of commissioner
78NANo compensation for loss of office
78OCommissioners
78PCommissioner sets date for election of trustees
78QProtection of limited statutory managers and commissioners
78RAnnual review of interventions
78SApplication of interventions to integrated schools
78TApplication of interventions to Kura Kaupapa Maori
79Grants for boards
80No transfer between grants [Repealed]
81Payment of teacher salaries from sources other than grants [Repealed]
81AGrants for correspondence schools
81BManagement of financial management system [Repealed]
82Annual financial statements [Repealed]
83Responsibility for financial statements [Repealed]
84Audit report on financial statements [Repealed]
85Financial statements to be included in annual report [Repealed]
86Financial year [Repealed]
87Annual reports
87AAudit
87BReport on performance of schools’ sector
87CAnnual financial statements of boards
88Payment of travel costs and attendance fees
88ARent for teachers’ residences
89Payroll service
90Application of Public Finance Act 1989 [Repealed]
91Transitional arrangements for payment of teacher salaries [Repealed]
91AInterpretation
91BApplication
91CSalaries of teachers at certain schools to be paid by the Crown
91DAgreements to move from central payment of teacher salaries [Repealed]
91EPayment of salaries of certain teachers out of grants [Repealed]
91FRestrictions on payment of salaries of regular teachers by boards of payrolled schools
91GRelieving teachers
91HLimitations on appointment and employment of regular teachers at payrolled schools
91ISecretary may grant exemptions in individual cases
91JBoards to comply with limitations
91KReduction in grants where limitations not complied with
91LStaffing levels for 1992
91MApplication period may be extended
91NPower of Secretary to employ teachers
92Interpretation
93Schools and special institutions to have boards of trustees
94Constitution of boards of State schools
94AProprietors of integrated schools may vary number of trustees they appoint
94BBoards may alter their own constitutions
94CLimitations on co-option and appointment of trustees
95Boards of correspondence schools and certain other educational institutions
96Parent representatives
97Staff and student representatives
98Boards of newly established schools
99Criteria for selecting co-opted and appointed trustees
100Availability of annual report
101Elections of trustees
101AStaggered elections for parent representatives
101ABElection not to be held when school under notice of closure
101BConsultation requirements for staggered elections of parent representatives
102Term of office
103Certain persons ineligible to be trustees
103AFinancial interests that disqualify persons from being trustees
103BRequirements before appointment
104When casual vacancies arise
105Filling casual vacancies of elected trustees
105AMinister may approve alternative constitution in certain cases
106Commissioner may be appointed if board inactive or trustees too few [Repealed]
107Minister may dissolve board for cause, and direct appointment of commissioner [Repealed]
108Consultation with proprietors of integrated school [Repealed]
109Commissioners [Repealed]
109AProvisions relating to board with staggered election cycle where commissioner appointed
110Boards may combine
110AMinister may combine boards at establishment
111Restrictions on combining
112Minister may split combined board
112ASplitting boards that were combined at establishment
113Property held in trust
114Allocation of employees after combined board split
115Transfer of assets of split combined board
116Each school to be represented on combined board
116AAppointment of principal of combined board
117Other provisions applying to boards
118Regulations
119Savings
[Repealed]
120Interpretation [Repealed]
[Repealed]
120ARestrictions on appointment of teachers [Repealed]
120BRestrictions on continued employment of teachers [Repealed]
120CRestrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension [Repealed]
[Repealed]
121Applications for registration as teacher [Repealed]
122Full registration [Repealed]
123Provisional registration [Repealed]
124Registration of experienced teachers [Repealed]
124ADetermining whether or not training satisfactory [Repealed]
124BDetermining good character and fitness to be teacher [Repealed]
125Determining whether or not employment satisfactorily completed [Repealed]
126Appeals from decisions of Teachers Council [Repealed]
127Expiry of teacher registration [Repealed]
127AVoluntary deregistration [Repealed]
128Teachers Council to keep register [Repealed]
128AMatching of register information and information about payment of teacher salaries at payrolled schools [Repealed]
129Cancellation of registration as teacher and cancellation of limited authority to teach [Repealed]
129AReclassification of teacher’s registration [Repealed]
130Practising certificates [Repealed]
[Repealed]
130APurpose of limited authority to teach [Repealed]
130BLimited authority to teach [Repealed]
130CDetermining character and likely teaching ability [Repealed]
130DAppeals from decisions [Repealed]
130EPeriod of authorisation [Repealed]
130FTeachers Council to keep list [Repealed]
130GCancellation of authorisation [Repealed]
130HFees and costs [Repealed]
[Repealed]
131Teacher Registration Board [Repealed]
132Membership of Registration Board [Repealed]
133Certain people ineligible to be members [Repealed]
134Co-opted members [Repealed]
135Powers of Registration Board [Repealed]
135ATeachers Council may disclose certain information [Repealed]
136Teachers Council may charge fees and impose costs [Repealed]
137Offences [Repealed]
138Council to notify cancellations [Repealed]
138ANotification of convictions [Repealed]
138BNotification by certain employers [Repealed]
139Transitional provisions [Repealed]
[Repealed]
139AAPurpose of Part [Repealed]
139ABInterpretation [Repealed]
[Repealed]
139ACNew Zealand Teachers Council established [Repealed]
139ADComposition of Teachers Council [Repealed]
139AEFunctions of Teachers Council [Repealed]
139AFPowers of Teachers Council [Repealed]
139AGMinisterial directions [Repealed]
139AHAdvisory groups [Repealed]
139AICode of ethics [Repealed]
139AJTeachers Council to make rules [Repealed]
139AJADelegations [Repealed]
139AJBChief executive [Repealed]
139AJCSuperannuation [Repealed]
[Repealed]
139AKMandatory reporting of dismissals and resignations [Repealed]
139ALMandatory reporting of complaints received about former employees [Repealed]
139AMMandatory reporting of possible serious misconduct [Repealed]
139ANMandatory reporting of failure to reach required level of competence [Repealed]
139AOOffence to fail to report [Repealed]
139APMandatory reporting of convictions [Repealed]
[Repealed]
139AQDisciplinary bodies [Repealed]
139ARComplaints of misconduct [Repealed]
139ASComplaints and reports relating to teacher conduct [Repealed]
139ATPowers of Complaints Assessment Committee [Repealed]
139AUInterim suspension until matter about or involving possible serious misconduct concluded [Repealed]
139AUADuration of interim suspension [Repealed]
139AVInvestigation by Complaints Assessment Committee of reports of convictions [Repealed]
139AWPowers of Disciplinary Tribunal [Repealed]
139AXEvidence at hearings [Repealed]
139AYPowers of Disciplinary Tribunal in relation to witnesses [Repealed]
139AZOffences [Repealed]
139AZAPrivileges and immunities [Repealed]
139AZBAppeals [Repealed]
[Repealed]
139AZCComplaints about competence [Repealed]
139AZCAInvestigation of mandatory reports about competence [Repealed]
139AZCBPowers of Teachers Council after finding required level of competence not attained [Repealed]
[Repealed]
139AZDTeachers Council must co-ordinate Police vetting [Repealed]
139ANo corporal punishment in early childhood services or registered schools
139AAASurrender and retention of property
139AABSearches of clothing and bags or other containers
139AACRestrictions on searches under section 139AAB
139AADLimitations on sections 139AAA and 139AAB
139AAEProhibitions on searches by contractors
139AAFRefusal to reveal, produce, or surrender item
139AAGPower to search storage containers not affected
139AAHRules about surrender and retention of property and searches
139AAIGuidelines about surrender and retention of property and searches
139BBuilding Act 2004
139COffence of insulting, abusing, or intimidating staff
139DSchool transport
139EBonds for trainee teachers
140Initial appointment of primary teachers [Repealed]
141Consequential amendments to Private Schools Conditional Integration Act 1975
142Other consequential amendments, repeals, revocations, and savings
143Education boards and secondary schools councils abolished
144Department of Education abolished
144ASecretary may require information for proper administration of Act
144BPurpose of sections 144C to 144E
144CRegulations about school hostels
144DInspection of hostels
144EAuthorised person for purpose of section 144D
145Interpretation
146Minister may establish schools
146ASingle sex schools
147Names of State schools
148Normal schools, etc
149Intermediate departments
150Contributing schools
151Provision of education at composite schools
152Correspondence schools
153Minister may change class of school
154Closure of schools
154AMinister may redesignate, or remove designation from, schools
155Kura Kaupapa Maori
155ATe Aho Matua
155BTe kaitiaki o Te Aho Matua
155CApplication of section 155
155DProvisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
155EAcknowledgment of adoption of Te Aho Matua
155FProtection of term Kura Kaupapa Maori
156Designated character schools
156AMinister may merge schools
156ABElection or appointment of boards of continuing schools
156ACAlternative constitutions for continuing schools
156BRestrictions on mergers in certain cases
156CProperty held in trust
157Consultations
157ACommunity education forums
158Provision by one board of tuition for students enrolled at school administered by another
158AInterpretation
158BMinister may approve sponsors
158CMinister must appoint advisory group
158DPartnership school contracts
158EComplaints
158FProhibitions on operation of partnership schools kura hourua
158GSponsor’s duties
158HSponsor to control management of partnership school kura hourua
158ISchool rules
158JSponsor’s power to delegate
158KAnnual financial statements of partnership schools kura hourua
158LPartnership school kura hourua may participate in school risk management scheme
158MIntervention in partnership school kura hourua by Secretary
158NEnrolment in partnership schools kura hourua
158OEqual rights to primary and secondary education in partnership schools kura hourua
158PSpecial education in partnership schools kura hourua
158QMultiple timetable arrangements in partnership schools kura hourua
158RSecretary’s powers when student younger than 16 is excluded from partnership school kura hourua
158SRe-enrolment by partnership school kura hourua of student excluded or expelled
158TCourses and visits outside partnership school kura hourua premises
158UApplication of this Act to partnership schools kura hourua
158VApplication of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua
158WApplication of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua
158XApplication of Privacy Act 1993 to partnership schools kura hourua
158YOfficial Information Act 1982 not to apply to partnership schools kura hourua
159AAAObject of provisions relating to tertiary education
159Interpretation
159AATertiary education strategy
159ABImportance of tertiary education strategy
159ACRevocation and replacement or amendment of tertiary education strategy
159ADRoles within tertiary education sector
159AEMinistry may hold and disseminate information
159AFSecretary may delegate certain powers and functions to Commission
159APurpose of Part
159ABAOutline of framework for planning, funding, and monitoring in tertiary education sector
159BDefinition of organisation
159CEstablishment of Commission
159DComposition of Commission
159ECharging
159FFunctions of Commission
159GPrinciples guiding how Commission operates
159HMinister may review performance of Commission [Repealed]
159IDelegation of functions or powers of Minister
159JMinister may direct Commission
159KApplication of Commerce Act 1986
159KAChief executive
159KBResponsibilities of chief executive
159KBAMonitoring and reporting function of chief executive in relation to institutions
159KCDeclaration of interests
159KDSuperannuation
159KEStatement of intent
159KEAStatement of performance expectations
159KFAnnual report
159KGCertain powers must not be delegated
159LMinister determines design of funding mechanisms
159MRestrictions on design of funding mechanisms
159NFunding mechanisms consistent with quality assurance principle
159OCommission to implement funding mechanisms
159PRequirements for proposed plans
159QExemption from certain requirements for proposed plans
159RContent of, and processes for submitting, proposed plans prescribed by Commission
159SCommission may exempt organisation from complying with certain matters
159TWho must submit proposed plan
159UExemption from requirement to submit proposed plan
159VFrequency of submitting proposed plans
159WSubmitting combined proposed plan
159XPreparing and consulting on proposed plans
159YCriteria for assessing proposed plans
159YACommission’s assessment of proposed plans, giving of funding approval, and payment of funding
159YBCommission may decline to assess proposed plan
159YCConditions on receiving funding under section 159YA
159YDAccountability for funding received under section 159YA
159YEExpiry of funding approval
159YFEffect of expiry of funding approval
159YGCommission may suspend or revoke funding given under section 159YA
159YHExtending suspension of funding
159YIEffect of suspending or revoking funding given under section 159YA
159YJReview of decision by delegate to suspend or revoke funding given under section 159YA
159YKOrganisation may seek approval for significant amendment, or replacement, of plan
159YLEffect of significant amendment or replacement of plan under section 159YK
159YMCommission may make significant amendment to plan
159YNEffect of significant amendment made to plan under section 159YM
159YOSummary of plans
159ZProfiles must be publicly available [Repealed]
[Repealed]
159ZAMinister must determine design of funding mechanisms [Repealed]
159ZBApproval of profiles for funding purposes [Repealed]
159ZCFunding other than via plans
159ZDConditions on funding received under section 159ZC
159ZEAccountability for funding received under section 159ZC
159ZFCommission may suspend or revoke funding given under section 159ZC
159ZGExtending suspension of funding
159ZHReview of decision made by delegate to suspend or revoke funding under section 159ZC
160Object
161Academic freedom
162Establishment of institutions
163Constitution of institutions
164Disestablishment of institutions
165Institutions to be governed by councils
166Incorporation
167Affixing of council’s common seal
168Constitutions of councils of existing institutions [Repealed]
169Constitutions of councils of new institutions
170Amendment of constitution
170AConstitution to provide for membership of council
171Membership of council
171ACertain people disqualified from appointment
171BMatters to be considered when appointing members
171CStatutes relating to appointment of members by councils of institutions
171DLimitations on number of occasions on which people may be appointed as members of councils
171EMembership of more than 1 council
171FCertain acts and proceedings not invalidated by defects
172Transitional provisions relating to an institution’s first council [Repealed]
173Term of office
174Vacation of office
175Disclosure of interest
176Casual vacancies
176AIndividual duties of members of councils
176BAccountability for individual duties
176CRemoval of members
176DProcess for removal
176EApplication of Local Authorities (Members’ Interests) Act 1968
177Chairperson and deputy chairperson
178Meetings of councils
179Fees and allowances
180Functions of councils
181Duties of councils
182Determination of policy
183Personal liability
[Repealed]
184Each institution to have charter [Repealed]
184AInterim arrangements for charters [Repealed]
185Consultations [Repealed]
186Consideration of proposed charter or amendment [Repealed]
187Power of Minister to initiate amendment of charter [Repealed]
188Approval of charter or amendment [Repealed]
189What happens if institution has no charter [Repealed]
190Mandatory requirements for charter [Repealed]
191Charter to be available for inspection [Repealed]
[Repealed]
191AEach institution to have a profile [Repealed]
192Powers of institutions
193Powers of councils
194Statutes
195Trust property
195ACriteria for risk assessment of institutions
195BInstitutions to provide information if required
195CMinister may appoint Crown observer
195DMinister may dissolve council and appoint commissioner
195DAProtection of commissioners
195EPowers and functions of commissioner
195FMinister to appoint advisory committee
195GReview of operation of sections 195A to 195F
196Duties of chief executive
197Delegation by chief executive
198Transitional provisions for employment of staff
[Repealed]
199Grants to institutions [Repealed]
200Bank accounts
201Proper accounts to be kept
201AHow institutions may use income and capital
201BGifts
202Application of money
203Institutions are Crown entities
204Transfer of assets and liabilities on commencement
205Taxes and duties in relation to property of existing institutions
206Transfer of Crown assets and liabilities to institutions
207Provisions relating to transfer of land
208Title to land
209Land certification
210Maori land claims
211District Land Registrar to register necessary memorial
212Resumption of land on recommendations of Waitangi Tribunal
213Resumption of land to be effected under Public Works Act 1981
214Resumption of Wahi Tapu
215Orders in Council relating to transfer of assets and liabilities
216Interpretation relating to transfer of assets and liabilities
217Effect of disestablishment
218Taxes and duties where disestablished institution incorporated into other institution
219Taxes and duties in other cases
220Annual report
221Annual report to be available for inspection
222Delegation by council
222AAConstitution of polytechnic councils
222ABStatutes relating to appointment of members by polytechnic councils [Repealed]
222ACMembership of more than one polytechnic council [Repealed]
222ADMatters to be considered when appointments made
222AETerm of office [Repealed]
222AFReappointment and re-election
222AGChairperson and deputy chairperson
222AHDuties of members of polytechnic councils [Repealed]
222AIAccountability for individual duties [Repealed]
222AJRemoval of members
222AKProcess for removal
222ALVoluntary combination of councils
222AMConstitution of combined councils
222ANEffect of combination
222AODissolution of combined council
222APEffect of dissolution
222AQInitial membership of polytechnic councils after dissolution of combined council
222ARPolytechnic councils may establish combined academic boards
222ASpecialist help
222BPerformance improvement plans
222CCrown manager
222DProtection of Crown managers
222EPowers may be used concurrently
222FPolytechnic council may request intervention
223Programmes
224Enrolment of students
225Records relating to students
226Secretary may require information
226ADisclosure of enrolment information by institutions
226BOffences concerning information requests
227Fees for domestic students
227AMinisterial direction to institutions relating to compulsory student services fees
228Fees for international students
228ATertiary institutions to give prospective students information about fees
229Fees payable to associations of students [Repealed]
229AMembership of students association voluntary
229BUndue influence
229CComplaints
229CAStudents association membership fees
229DSections 229A to 229CA apply to private training establishments
[Repealed]
230Review of institutions [Repealed]
231Powers of Chief Review Officer [Repealed]
232Interpretation
232ARequirements that private training establishments must comply with before enrolling international students
232BExemptions
232CRequirement to be registered before providing approved programmes or training schemes
232DApplications for registration of private training establishments
232EAuthority may verify identity of governing members of private training establishment
233Grant or refusal of application
233ACriteria for determining whether governing member of private training establishment is fit and proper person
233BConditions of registration
233CAnnual fee
233DCancellation of registration
233EEffect of cancellation
234Lapse of registration
234AFees for domestic students must not exceed maximums set in conditions of funding
234BInformation that private training establishments must give prospective students
234CInterpretation
234DApplication of rules relating to student fee protection
234EStudent fees must be deposited with independent trustee
235Refund entitlements of domestic students
235ARefund entitlements of international students
235BRefund requirements set by Gazette notice
235CRules apply if students withdraw because of programme or training scheme closure
235DMinisterial direction to registered private training establishments relating to compulsory student services fees
235EPrivate training establishment to notify immigration officer if student withdraws from programme or training scheme
235FDisclosure of enrolment information by private training establishments
236Offences concerning information requests
236AAConditions on registration [Repealed]
236ADuties of private training establishments to maintain student records
236ABRefund requirements set by Gazette notice [Repealed]
236BEstablishment to notify immigration officer if student withdraws from course [Repealed]
236CFees for domestic students must not exceed maximums set in conditions of funding [Repealed]
237Cancellation of registration [Repealed]
238Notice [Repealed]
238AGrants to private training establishments [Repealed]
238BDisclosure of enrolment information by private training establishments [Repealed]
238COffences concerning information requests [Repealed]
238DInterpretation
238ESignatories to code may enrol persons as international students
238EAObligation on provider to enrol person as international student
238FCode
238GSanctions
238HExport education levy
238IPurpose and administration of export education levy
239Definitions
240Establishment of Committee
241Functions of Committee
242Powers of Committee
243Devolution of certain property
244Taxes and duties in relation to Vice-Chancellors Committee
245General saving of statutes, etc, of University of New Zealand
246Interpretation
246AFunctions of Authority
247Certain functions of Authority in relation to entrance to universities
248New Zealand Qualifications Framework
248ADirectory of Assessment Standards
248BStandard-setting bodies
249Approval of programmes
249AConditions on programme approvals
250Accreditation to provide approved programmes
250AConditions on accreditation
250BLapse of accreditation
250CWithdrawal of accreditation
251Application for training scheme approval
251AConditions of training scheme approval
251BWithdrawal of training scheme approval
251CLapse of training scheme approval
252Consent to assess against standards
252AConditions
252BWhen a consent expires or ceases to have effect
253Rules
253AExercise of certain powers of Authority by Vice-Chancellors Committee
253BPowers of Authority in granting of awards
253CMinister may consent to registered establishments using certain terms in their names
254Fees
254APower to obtain information
254BChief executive [Repealed]
254CMembership of Government Superannuation Fund [Repealed]
254DEmployees transferring from other government employment [Repealed]
254ETaxation [Repealed]
255Compliance notices
255APowers of entry and inspection
256Research
256AContinuation of New Zealand Qualifications Authority
256BConstitution
256CChief executive
256DDelegation by Authority
256EMembership of Government Superannuation Fund
256FChild care allowances
256GTaxation
257Entrance to universities [Repealed]
258Approval of courses [Repealed]
258AConditions on course approvals [Repealed]
259Accreditation to provide approved courses [Repealed]
259AConditions on accreditation to provide approved courses [Repealed]
260Exercise of certain powers of Authority [Repealed]
261Only accredited institutions to provide approved courses [Repealed]
262Notice [Repealed]
263Awards for approved nationally recognised courses [Repealed]
264Applications for consents by Authority [Repealed]
264AMinister may consent to registered establishments using certain terms in their names [Repealed]
265Examination and assessment [Repealed]
266Fees [Repealed]
267Saving of certain statutes, etc, of University of New Zealand [Repealed]
268Powers of Minister [Repealed]
269Education New Zealand established
269AInterpretation
270Functions
271International education strategy
272Membership of board of Education New Zealand
272ASpecial advisers to the board
272BInternational education stakeholder advisory committee
273Chief executive
273AResponsibilities of chief executive
273BSuperannuation
273CContents of documents [Repealed]
273DAmendments to documents [Repealed]
273ERevocation of documents [Repealed]
273FBoard to comply with document of accountability [Repealed]
273GNon-compliance with document [Repealed]
273HMinister may dismiss Board where non-compliance not rectified [Repealed]
273IMinister to publish certain documents and directions [Repealed]
274Application of Part 2 of Commerce Act 1986
274ATransfer of Ministry employees to Education New Zealand
274BNo compensation for technical redundancy of employees of Education New Zealand Trust
275Power of Secretary to obtain information [Repealed]
276Powers of Board [Repealed]
277Transitional provisions relating to Education and Training Support Agency [Repealed]
278Interpretation
279Careers New Zealand is service for purposes of this Part
280Functions of Service
281Continuation of Board
282Duties of Board
283Charter of Service [Repealed]
283AMinister may require Board to negotiate document of accountability [Repealed]
283BMinister may prepare document where no agreement reached [Repealed]
283CContents of statement of intent [Repealed]
283DAmendments to documents [Repealed]
283ERevocation of documents [Repealed]
283FBoard to comply with document of accountability [Repealed]
283GNon-compliance with document [Repealed]
283HMinister may dismiss Board where non-compliance not rectified
283IMinister to publish certain documents and directions [Repealed]
284Communication of government policy to the Board [Repealed]
285Power of Secretary to obtain information [Repealed]
286Powers of Board
286AChild care allowances
286BChief executive
286CMembership of Government Superannuation Fund
286DEmployees transferring from Ministry and education boards
286EBoard may not delegate power to appoint general manager
286FDelegations to general manager
286GTaxation
[Repealed]
287Definitions [Repealed]
288Establishment of Board [Repealed]
289Constitution of Board [Repealed]
290Functions of Board [Repealed]
291Powers of Board [Repealed]
292Offences relating to use of certain terms
292AOffences relating to false representations
292BLiability of body corporate and directors in respect of false representations
292COffence to issue false qualifications and falsify records
292DOffence to fail to comply with section 236A (student records)
292EOffence to provide or advertise cheating services
292FOffences relating to enrolment of international students and registration of private training establishments
292GOffence to contravene requirements in section 234E relating to student fees
292HInjunctions and orders of High Court
293Transitional provisions consequential on repeal of Adult Education Act 1963
294Taxes and duties in relation to property of former National Council of Adult Education
295Transitional provisions consequential on repeal of Trades Certification Act 1966
296Taxes and duties in relation to property of former New Zealand Trades Certification Board
297Transitional provisions consequential on repeal of Universities Act 1961
298Taxes and duties in relation to certain property of former University Grants Committee
299Transitional provisions consequential on repeal of Vocational Awards Act 1979
299ATransitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015
299BTransitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015
300Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301Regulations
301AChange of names of education entities
302Interpretation
303Student allowances
304Student Allowance Appeal Authority
305Appeals
306Procedures to be prescribed
306ADisclosure of enrolment information by secondary schools
307Recipients of allowances or student loans, and other persons, may be required to provide information
307AAASuspension or refusal for not providing information
307AAOffences concerning allowances and student loans
307ABAllowances identified by Gazette notice
307ACBonded scholarships
307AUse of student allowance information for purposes of Social Security Act 1964
307BRecovery of debts
307CMinistry may carry out information matching of student loan information [Repealed]
307DDetails of academic performance
308Overview
309Interpretation
310Meaning of early childhood education and care centre
311Funding of certain early childhood services and certificated playgroups
311AGrants to licence-exempt centres [Repealed]
311BReporting requirements if grant paid to licence-exempt centre [Repealed]
312Loans to licensed early childhood services
313Administrative requirements
314Curriculum framework
315Service providers operating early childhood education and care centres to be licensed
315AAPolice vetting of contractors and their employees who work at early childhood services [Repealed]
315ABInternal procedures relating to Police vets [Repealed]
315APayment of fees for attendance of children at kindergartens [Repealed]
316Certain service providers may be licensed
317Regulations relating to licensing
318Playgroups may be certificated
319Regulations relating to certification of playgroups
319AAApplication of Legislation Act 2012 to certain material incorporated by reference
319AParent’s right of entry
319BPowers of entry and inspection without warrant
319CPowers of entry and inspection with warrant
319DPolice vetting of non-teaching and unregistered employees at licensed early childhood services
319EPolice vetting of contractors and their employees who work at licensed early childhood services
319FPolice vet must be obtained before person has unsupervised access to children
319FAProcedures relating to Police vets under section 319D or 319E
319FBPolice vetting of adult members of household where licensed home-based education and care service provided
319FCWhen Police vet under section 319FB must be obtained
319FDProcedures relating to Police vets under section 319FB
319FEFurther Police vets to be obtained every 3 years
319GOffence of insulting, abusing, or intimidating staff
319HOffence of obstructing power of entry
319IPayment of fees for attendance of children at kindergartens
319JCentres situated on property owned by, or leased to, the Crown
319KExisting early childhood centres deemed to be licensed
319LExisting chartered care arrangers deemed to be licensed
319MFunding conditions during transitional period
319NExisting regulations preserved
319OLicence-exempt centres may continue
320Interpretation
321Grants to educational bodies
322Educational bodies to keep accounts
323Interpretation
324Educational services to which this Part applies
325Chief Review Officer to perform certain functions
326Review officers
327Powers of entry and inspection
328Review officers to prove identity
328AFunctions of Chief Review Officer
328BReview officers
328CPowers of review officers for purposes of sections 328A to 328D
328DReview officers to prove identity before acting under section 328C
328EFunctions of Chief Review Officer
328FReview officers
328GPowers of review officers for purposes of sections 328E to 328H
328HReview officers to prove identity before acting under section 328G
329Interpretation
330Incorporation of company [Repealed]
331Principal objective of company
332Crown shareholding [Repealed]
333Application of Government Superannuation Fund Act 1956
334Application of Public Finance Act 1989 [Repealed]
335Auditor [Repealed]
336Application of Companies Act 1955 [Repealed]
337Personnel policy [Repealed]
338Equal employment opportunities programme [Repealed]
339Consultation with State Services Commissioner [Repealed]
340Existing rights, assets, liabilities, and debts
341Purpose
342Interpretation
343Assigning national student numbers
344Use of national student numbers
345Person may use or disclose own national student number
346Offences
347Regulations
348Interpretation
349Restrictions on appointment of teachers
350Restrictions on continued employment of teachers
351Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
352Applications for registration as teacher
353Registration
354Determining whether training satisfactory
355Determining good character and fitness to be teacher
356Appeals from decisions of Education Council
357Cancellation of registration as teacher
358Voluntary deregistration
359Education Council to keep register of people registered as teachers
360Matching of register information and information about payment of teacher salaries at payrolled schools
361Practising certificates
362Cancellation of practising certificate
363Determining whether employment satisfactorily completed
364Fees and costs for registration and practising certificates
365Purpose of limited authority to teach
366Limited authority to teach
367Cancellation of limited authority to teach
368Determining character or fitness to hold limited authority to teach
369Appeals from decisions
370Period of authorisation
371Education Council to keep list of persons who have limited authority to teach
372Fees and costs for granting limited authority to teach
373Education Council may disclose certain information
374Offences
375Periods of registration before commencement of this section
376Purpose of Part
377Purpose of Education Council
378Interpretation
379Education Council of Aotearoa New Zealand established
380Composition of Education Council
381Duties of members of Education Council
382Functions of Education Council
383Powers of Education Council
384Ministerial powers
385Reports
386Advisory boards
387Code of conduct
388Education Council to make rules
389Delegations
390Chief executive and employees
391Superannuation
392Mandatory reporting of dismissals and resignations
393Mandatory reporting of complaints received about former employees
394Mandatory reporting of possible serious misconduct
395Mandatory reporting of failure to reach required level of competence
396Offence of failing to report
397Mandatory reporting of convictions
398Disciplinary bodies
399Complaints about conduct
400Complaints and reports relating to teacher conduct
401Powers of Complaints Assessment Committee
402Interim suspension until matter about or involving possible serious misconduct concluded
403Duration of interim suspension
404Powers of Disciplinary Tribunal
405Evidence at Disciplinary Tribunal hearings
406Powers of Disciplinary Tribunal in relation to witnesses
407Offences
408Privileges and immunities
409Appeals
410Complaints about competence
411Investigation of mandatory reports about competence
412Powers of Education Council after finding required level of competence not attained
413Education Council must co-ordinate Police vetting
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Reprint notes

An Act to reform the administration of education

 
1 Short Title and commencement

(1)

This Act may be cited as the Education Act 1989.

(2)

Except as otherwise provided in this Act, this Act comes into force on 1 October 1989.

Part 1 Rights to primary and secondary education

2 Interpretation

(1)

In this Part, and Parts 2, 3, and 11, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9; and,—

(a)

in relation to a school, means the school’s board; and

(b)

in relation to a principal, means the board of the principal’s school

Chief Review Officer means the chief executive of the Education Review Office

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

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

crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961

criteria for registration, in relation to a private school or proposed private school, means the criteria set out in section 35C

doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

domestic student, at any time, means a person who is then—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students

enrolment scheme means a scheme adopted (and not since abandoned) under section 11H; and includes any amendments to the scheme that have been adopted under section 11M

government training establishment has the same meaning as it has in section 159

hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

industry training organisation has the same meaning as in section 2 of the Industry Training and Apprenticeships Act 1992

institution has the same meaning as it has in section 159

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

international student, at any time, means a person who is not then a domestic student

lead provider means a provider of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31F as a lead provider

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

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, and Parts 2, 3, and 11

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, and Parts 2, 3, and 11

overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

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

participating student means a student undertaking a secondary-tertiary programme who is enrolled in any of the following:

(a)

a secondary school:

(b)

a composite school:

(c)

a school that is registered under section 35A, other than a school registered under that section only as a primary school:

(d)

a special school that is a relevant school within the meaning of section 246

partnership school contract means a contract for the operation of a partnership school kura hourua entered into under section 158D and, in relation to a sponsor, means the partnership school contract to which the sponsor is a party

partnership school kura hourua means a school in respect of which—

(a)

the Minister has approved a sponsor under section 158B; and

(b)

a partnership school contract is in force

primary partnership school kura hourua means a partnership school kura hourua designated as a primary partnership school kura hourua by notice under section 158B

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

principal means the chief executive of a State school; and, in relation to a school, a person enrolled at the school, or the enrolment of a person at a school, means the principal of the school

provider group means a group of providers of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31B as a provider group

registered establishment has the same meaning as it has in section 159

registered school means a school that is a State school, a partnership school kura hourua, or a school registered under section 35A

review officer has the same meaning as it has in section 323

secondary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of participation in secondary education, whether or not provided by the school in which the participating student is enrolled

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

secondary-tertiary programme has the meaning given to it in section 31A

Secretary means the chief executive of the Ministry

serious criminal activity means any offence involving fraud, violence, or harm to children, any sexual offence, or any crime involving dishonesty

special education means education or help from a special school, special class, special clinic, or special service

sponsor means a body approved by the Minister under section 158B to operate a partnership school kura hourua

State school means a school that is a primary school, a composite school, a secondary school, or a special school

student, in relation to a school or institution, means a person enrolled at the school or institution

tertiary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of the participating student’s apprenticeship training (as defined in section 13C of the Industry Training and Apprenticeships Act 1992), or participation in tertiary education that—

(a)

is provided by any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ii)

the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

(iii)

a government training establishment:

(iv)

an institution:

(v)

a registered establishment; and

(b)

may include work experience (other than work experience obtained by a student under section 71) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme

walking distance, in relation to travel between a person’s residence and a school,—

(a)

where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or combination of both) between the residence and the school; and

(b)

where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or combination of both) or, where the sum is greater in one direction than the other, the greater sum:

(i)

the distance between the residence and the place where public transport must first be taken (or, as the case may be, finally be left); and

(ii)

the distance between the school and the place where public transport must finally be left (or, as the case may be, first be taken); and

(iii)

every intermediate distance between one element of public transport and another

(2)

In this Part, and Parts 2 and 3, unless the context otherwise requires, a special school, special class, special clinic, or special service means a school, class, clinic, or service established under section 98(1) of the Education Act 1964 as a special school, special class, special clinic, or special service respectively.

(3)

[Repealed]

(4)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

(5)

The explanatory note of regulations made under subsection (4) must indicate that—

(a)

they are a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

(6)

[Repealed]

Section 2(1) assisted student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) composite school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) correspondence school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) crime involving dishonesty: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) criteria for registration: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) doctor: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) domestic student: replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(1) domestic student paragraph (c): amended, on 30 August 2011, by section 4(2) of the Education Amendment Act 2011 (2011 No 66).

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

Section 2(1) enrolment scheme: amended, on 8 July 2000, by section 26(1) of the Education Amendment Act 2000 (2000 No 21).

Section 2(1) exempt student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) foreign student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) government training establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) hostel: inserted, on 25 October 2001, by section 3 of the Education Standards Act 2001 (2001 No 88).

Section 2(1) industry training organisation: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) industry training organisation: amended, on 23 April 2014, by section 23 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

Section 2(1) institution: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) intermediate school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) international student: inserted, on 30 August 2011, by section 4(3) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) lead provider: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) managers of a private school: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

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

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

Section 2(1) overcrowding: inserted, on 20 June 1991, by section 6(1) of the Education Amendment Act 1991 (1991 No 43).

Section 2(1) participating student: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) partnership school contract: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) partnership school kura hourua: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) primary partnership school kura hourua: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) primary school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) principal: replaced, on 13 June 2013, by section 4(2) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) provider group: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) registered establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) registered school: replaced, on 13 June 2013, by section 4(3) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) review officer: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) secondary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) secondary school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) secondary-tertiary programme: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) serious criminal activity: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) sponsor: inserted, on 13 June 2013, by section 4(1) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) State school: amended, on 20 May 2010, by section 4(1) of the Education Amendment Act 2010 (2010 No 25).

Section 2(1) tertiary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) tertiary component: amended, on 23 April 2014, by section 23 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).

Section 2(2): replaced, on 20 May 2010, by section 4(2) of the Education Amendment Act 2010 (2010 No 25).

Section 2(3): repealed, on 30 August 2011, by section 4(4) of the Education Amendment Act 2011 (2011 No 66).

Section 2(4): inserted, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 2(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(5): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 2(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

3 Right to free primary and secondary education

Except as provided in this Act or the Private Schools Conditional Integration Act 1975, every person who is not an international student is entitled to free enrolment and free education at any State school or partnership school kura hourua during the period beginning on the person’s fifth birthday and ending on 1 January after the person’s 19th birthday.

Compare: 1964 No 135 ss 75(2), 85(1)

Section 3: amended, on 13 June 2013, by section 5 of the Education Amendment Act 2013 (2013 No 34).

Section 3: amended, on 30 August 2011, by section 5 of the Education Amendment Act 2011 (2011 No 66).

3A Restriction on attendance at certain schools
[Repealed]

Section 3A: repealed, on 25 October 2001, by section 4 of the Education Standards Act 2001 (2001 No 88).

4 Enrolment of international students

(1)

Subject to section 4A(3), an international student—

(a)

shall not be enrolled at a State school without the board’s consent; and

(b)

shall not be enrolled in special education without the consent of the person or body administering the institution or service concerned.

(2)

Subject to section 4B and to subsections (3) and (4) of this section, once enrolled at a State school or in special education an international student has the same rights to remain enrolled, and to tuition, at the school as a domestic student.

(3)

Except as provided in subsection (5), no international student may be enrolled at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.

(4)

Except as provided in subsection (5), no international student may be enrolled in any subject, course, or programme at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.

(5)

Although domestic students may not be able to be enrolled, an international student may be enrolled at a State school, or in any subject, course, or programme at a State school, if the enrolment is in a vacant place—

(a)

that the board established for international students; and

(b)

the continued availability of which is dependent on the fees payable by international students enrolled in it.

(6)

[Repealed]

(7)

As soon as is practicable after an international student is enrolled at a State school, the principal shall give the Secretary written notice of—

(a)

the student’s name, age, and nationality; and

(b)

the day on which the student began (or will begin) to receive tuition at the school.

(8)

Notwithstanding anything in this section or section 4B, with the consent of the principal, an international student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves for any particular student), receive tuition at or from a State school—

(a)

without the consent of the board; and

(b)

without paying the amount required by section 4B;—

but in that case the student shall not be counted for the purpose of calculating or ascertaining the school’s entitlement to teachers or funding.

Section 4: replaced, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4 heading: amended, on 30 August 2011, by section 6(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1)(b): amended, on 20 May 2010, by section 5 of the Education Amendment Act 2010 (2010 No 25).

Section 4(2): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(3): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(4): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(5): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(6): repealed, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(7): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(8): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

4A Certain international students may enrol at State schools as of right

(1)

The Minister may from time to time, by notice in the Gazette, declare international students of a specified kind or description to be entitled to enrol at State schools.

(2)

A notice may be unconditional, or subject to conditions specified in it.

(3)

Subject to—

(a)

the conditions (if any) specified in the notice; and

(b)

an international student of a kind or description for the time being specified in a notice under subsection (1) has the same rights to enrolment and tuition at State schools as a domestic student.

Section 4A: replaced, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4A heading: amended, on 30 August 2011, by section 7(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4A(1): amended, on 30 August 2011, by section 7(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4A(3): amended, on 30 August 2011, by section 7(3) of the Education Amendment Act 2011 (2011 No 66).

4B Fees for international students

(1)

Subject to section 4(8), no international student shall receive tuition in any subject, course, or programme at a State school unless there has been paid to the board an amount fixed by the board that is not less than the sum of the following amounts:

(a)

the board’s best estimate of the cost to the board (including the appropriate proportion of the board’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student:

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

(2)

Nothing in subsection (1) prevents a board’s accepting by instalments any amount required by that subsection to be paid; but subject to section 4(8), no international student shall at any time continue to receive tuition in any subject, course, or programme at a State school unless the sum of the following amounts is less than the sum of the instalments paid up to that time:

(a)

the board’s best estimate of the cost to the board (including the appropriate proportion of the board’s administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

(3)

Where an international student has after 31 December 1989 received tuition in a subject, course, or programme at a State school without paying the full amount required by subsection (1) in respect of the subject, course, or programme, the board may, in any court of competent jurisdiction, recover the underpayment from the student (or, as the case requires, a parent of the student), as a debt due to the board.

(4)

In any year, the amount of any grant for a board in respect of a school it administers may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (1) in respect of a subject, course, or programme at the school in which an international student was enrolled has not been paid to the board, the student’s education has been subsidised by money appropriated by Parliament.

(5)

No grant shall be reduced under subsection (4) unless the Secretary has given the board concerned written notice of the circumstances taken into account when the proposed reduction was decided on.

(6)

Where a board disputes that a grant should be reduced under subsection (4), or disputes the amount by which it should so be reduced, the following provisions shall apply:

(a)

the board may, within 28 days of getting notice from the Secretary under subsection (5), by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:

(b)

if, within 14 days of getting the board’s notice, the Secretary has agreed an arbitrator with the board, the agreed arbitrator shall settle the dispute:

(c)

if, within 14 days of getting the board’s notice, the Secretary has not agreed an arbitrator with the board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the board shall settle the dispute:

(d)

the arbitrator’s decision is final.

(7)

Where at any time an international student withdraws from a subject, course, or programme at a State school, the board may refund to the person who paid (in respect of the student’s enrolment in the subject, course, or programme) the amount of the fees referred to in subsection (1) (or the sum of any instalments paid in respect of those fees) any amount it thinks appropriate not exceeding the extent (if any) by which the amount paid exceeds the sum of the following amounts:

(a)

the board’s best estimate of the cost to the board (including the appropriate proportion of the board’s administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

Section 4B: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4B heading: amended, on 30 August 2011, by section 8(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(1): amended, on 30 August 2011, by section 8(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(2): amended, on 30 August 2011, by section 8(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(3): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(4): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(7): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

4C Minister may exempt certain international students from payment of fees

The Minister may, by notice in the Gazette, exempt international students of a particular kind or description from the payment of all or a specified proportion or amount of the amount required by section 4B to be paid; and that section shall have effect accordingly.

Section 4C: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4C heading: amended, on 30 August 2011, by section 9(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4C: amended, on 30 August 2011, by section 9(2) of the Education Amendment Act 2011 (2011 No 66).

4D Boards to reimburse the Crown for expenditure in respect of international students

(1)

Before 1 July in every year, the Minister shall, by notice in the Gazette, set fees to be paid by boards in respect of international students enrolled at State schools in the following year.

(2)

Fees may be set in respect of all or any of the following:

(a)

all State schools, State schools of a specified kind or description, or specified State schools:

(b)

all international students, or international students of a specified kind or description:

(c)

all subjects, courses, and programmes; subjects, courses, and programmes of a specified kind or description; or specified subjects, courses, or programmes.

(3)

Within 28 days of the first day in any year on which an international student enrolled at a State school attends the school, the board shall pay to the Secretary the appropriate fee (if any) prescribed under subsection (1).

(3A)

The Minister may pay to the proprietors of an integrated school whose board has paid a fee under this section a portion of that fee, as determined in accordance with a formula prescribed under subsection (3B), for the purpose of reimbursing the proprietors for that part of the levy associated with the use of capital assets owned by the proprietors.

(3B)

The Minister must, by notice in the Gazette, prescribe a formula for the payment of money under subsection (3A), and may prescribe different formulae to apply to different schools or classes of school.

(4)

If before 1 July in any year the Minister has not set under subsection (1) fees to be paid by boards in respect of international students enrolled at State schools in the following year, there shall be deemed to have been set under that subsection the fees set (or deemed to have been set) in the year before.

Section 4D: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4D heading: amended, on 30 August 2011, by section 10(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(1): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(2)(b): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(3): amended, on 30 August 2011, by section 10(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(3A): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

Section 4D(3B): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

Section 4D(4): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

4E Courses for international students

(1)

The board of a State school or the managers of a school registered under section 35A must not establish, or permit any student to enrol or continue to be enrolled in, any class, course, or programme, intended exclusively or mainly for international students, unless the class, course, or programme is for the time being approved by the New Zealand Qualifications Authority.

(2)

The New Zealand Qualifications Authority must not approve a class, course, or programme under subsection (1) unless satisfied on reasonable grounds that—

(a)

the school has or will have adequate staff, equipment, and premises to provide it; and

(b)

the standard of instruction provided in it will be no lower than the standard that would be expected in any similar class, course, or programme for domestic students.

Section 4E: inserted, on 21 December 2010, by section 5 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 4E heading: amended, on 30 August 2011, by section 11(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4E(1): amended, on 30 August 2011, by section 11(2) of the Education Amendment Act 2011 (2011 No 66).

5 Restrictions on enrolment at primary school

(1)

No person under 5 shall be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school.

(2)

No person who turned 14 in any year shall be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school, in the next year.

(3)

No person who, in the opinion of the Secretary,—

(a)

has completed the work of form 3; or

(b)

has completed work equivalent to the work of form 2,—

shall in any year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school.

(4)

Notwithstanding subsection (1), at any time before 1 January 1993, this Act shall apply to children attending pre-school classes at any school specified in section 3(2) of the Education Amendment Act 1990 as if they are enrolled at the school; but on that day, all those classes shall be deemed to have been disestablished.

(5)

Nothing in subsection (4) limits or affects section 308(4).

Compare: 1964 No 135 s 109(1)

Section 5(4): inserted, on 23 July 1990, by section 3(1) of the Education Amendment Act 1990 (1990 No 60).

Section 5(5): inserted, on 23 July 1990, by section 3(1) of the Education Amendment Act 1990 (1990 No 60).

6 Restrictions on enrolment at secondary school

No person who, in the opinion of the Secretary,—

(a)

has not completed the work of form 2; and

(b)

has not completed work equivalent to the work of form 2,—

shall in any year be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, unless the person turned 13 before 1 April in the previous year.

Compare: 1964 No 135 s 85(1)

7 Additional restrictions on enrolment at correspondence school

(1)

The Minister may from time to time, by notice in the Gazette, fix criteria for enrolment in early childhood, primary, and secondary classes at correspondence school; and different criteria may be fixed for all or any of the following:

(a)

different correspondence schools:

(b)

correspondence schools of different classes or descriptions:

(c)

early childhood, primary, and secondary classes at correspondence school.

(2)

No person shall be enrolled at a correspondence school unless—

(a)

the board is satisfied that the person’s enrolment meets criteria then fixed under subsection (1); or

(b)

the person is entitled under section 3 to free education at a State school, and the Secretary has directed the board to enrol the person.

(3)

The Secretary shall not direct the board of a correspondence school to enrol a person unless satisfied that the person cannot conveniently attend any State school (being a school offering education at the level, and in the subjects, required by the person’s parents or, as the case requires, the person) that is not a correspondence school.

(4)

If satisfied that a person who is enrolled at a correspondence school pursuant to a direction under subsection (2)(b) can conveniently attend a State school (being a school offering education at the level, and in the subjects, required by the person’s parents or, as the case requires, the person) that is not a correspondence school, the Secretary may notify the board of the fact; and in that case the board shall cancel the person’s enrolment unless the board is satisfied that the person’s enrolment meets criteria then fixed under subsection (1).

(5)

If satisfied that—

(a)

a person’s enrolment at a correspondence school does not meet criteria then fixed under subsection (1); and

(b)

there is not in force in respect of the person a direction under subsection (2)(b) relating to the school,—

the board shall cancel the enrolment.

(6)

The board of a correspondence school may delegate to the principal the task of being satisfied that enrolments meet or do not meet criteria specified under subsection (1).

(7)

Every person lawfully enrolled at a correspondence school immediately before the commencement of this Act who is entitled under section 3 to free education at a State school shall be deemed to have been so enrolled pursuant to a direction given under subsection (2)(b) on that commencement.

Compare: 1964 No 135 s 110

7A Certain domestic students may be required to pay fees for tuition from correspondence schools

(1)

No—

(a)

domestic student who has turned 16 and is not enrolled full-time at a registered school; or

(ab)

domestic student enrolled at a school registered under section 35A; or

(b)

domestic student for whom a current certificate under section 21(1) is held,—

shall be or continue to be enrolled in a course, class, or programme at a correspondence school unless there has been paid to the board the appropriate fee (if any) for the time being prescribed by the board with the Minister’s consent.

(2)

Nothing in subsection (1) gives any person a right to enrol at or receive tuition from a correspondence school.

Section 7A: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

Section 7A heading: amended, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

Section 7A(1)(a): replaced, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

Section 7A(1)(a): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 7A(1)(ab): replaced, on 13 June 2013, by section 6 of the Education Amendment Act 2013 (2013 No 34).

7B Fees for evening classes, etc

The board of a State school may refuse to allow any person to attend classes at the school—

(a)

usually held outside normal school hours; and

(b)

open to people not enrolled full-time at the school,—

unless there have been paid to the board the fees (if any) prescribed by the board for attendance at those classes.

Section 7B: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

8 Equal rights to primary and secondary education

(1)

Except as provided in this Part, people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at State schools as people who do not.

(2)

Nothing in subsection (1) affects or limits the effect of Part 2 (which relates to enrolment schemes and the suspension, expulsion, and exclusion of students).

(3)

Subsections (1) and (2) come into force on 1 January 1990.

Compare: 1964 No 135 s 112A

9 Special education

(1)

If satisfied that a person under 21 should have special education, the Secretary shall—

(a)

agree with the person’s parents that the person should be enrolled, or direct them to enrol the person, at a particular State school, special school, special class, or special clinic; or

(b)

agree with the person’s parents that the person should have, or direct them to ensure that the person has, education or help from a special service.

(2)

Notwithstanding anything in this Act that relates to enrolment schemes, or in the enrolment scheme of any school, but subject to the rest of Part 2 (which relates to the suspension, expulsion, and exclusion of students), where there has been an agreement or direction under subsection (1), the person concerned shall be allowed to enrol at the State school, special school, special class, or special clinic, concerned or (as the case requires) to have education or help from the special service concerned.

(3)

Subject to section 10(4), where a direction has been given under subsection (1) in respect of a person, a parent who, more than 1 month after it was given, fails or refuses to comply with it commits an offence, and is liable on conviction to the penalty prescribed for failing to comply with section 20(1) (which relates to enrolling children at school).

(4)

No person shall be or continue to be enrolled at a special school, special class, or special clinic, or have or continue to have education or help from a special service, except pursuant to an agreement or direction under subsection (1).

(5)

Notwithstanding anything in section 5 or section 6,—

(a)

a child under 5 may be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(b)

a person under 21 who turned 14 in any year may in any later year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(c)

a person under 21 who, in the opinion of the Secretary,—

(i)

has not completed the work of form 2; and

(ii)

has not completed work equivalent to the work of form 2,—

may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school; and

(d)

a person under 21 may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, on or after 1 January after the person’s 19th birthday,—

pursuant to an agreement or direction under subsection (1).

(6)

Subsections (1) to (5) come into force on 1 January 1990.

(7)

The provisions set out in Schedule 1 shall have effect during the period commencing on the commencement of this Act and ending with 31 December 1989.

(8)

Schedule 1 shall expire and be deemed to have been repealed with the close of 31 December 1989.

Section 9(2): amended, on 8 July 2000, by section 26(2) of the Education Amendment Act 2000 (2000 No 21).

Section 9(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9 compare note: repealed, on 20 May 2010, by section 6 of the Education Amendment Act 2010 (2010 No 25).

10 Right of reconsideration

(1)

Subject to paragraphs (p) and (q) of subsection (6), any person’s parent may, in accordance with this section, require the reconsideration of—

(a)

any direction under subsection (1) of section 9 relating to the person; or

(b)

if the person is not an international student, the Secretary’s refusal to come to an agreement under that subsection relating to the person.

(2)

A requirement under subsection (1) shall be made to the Secretary in writing within 1 month of the direction or refusal concerned.

(3)

Subject to subsection (5), where a requirement under subsection (1) is made in respect of a direction given by the Secretary,—

(a)

the direction shall not take effect—

(i)

until the Secretary has reconsidered and confirmed it; or

(ii)

where a requirement is made under subsection (4)(c), until that requirement has been considered by an arbitrator and the parent concerned has been told of the arbitrator’s decision; and

(b)

no offence is committed under section 9(3) for so long as the direction has not taken effect.

(4)

Where a requirement is made under subsection (1), the following provisions apply:

(a)

if the requirement relates to a direction, the Secretary shall reconsider it and then—

(i)

confirm it, or cancel it and issue another, or cancel it and refuse to issue another, as seems appropriate; and

(ii)

notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

(b)

if the requirement relates to a refusal, the Secretary shall reconsider whether or not the matter concerned should be agreed, and then—

(i)

agree or refuse to agree to the matter with the parent concerned, as seems appropriate; and

(ii)

notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

(c)

a parent who is dissatisfied with the result of the reconsideration may, by notice in writing to the Secretary, require the result to be sent to an arbitrator.

(5)

Where—

(a)

a requirement has been made under subsection (4)(c) in respect of the result of the reconsideration by the Secretary of a direction under section 9(1); and

(b)

1 month after the Secretary notified the parent concerned of the name of a person to represent the Secretary in the appointment of an arbitrator, the Secretary’s representative and a nominee of the parent have not appointed an arbitrator,—

the direction shall forthwith take effect, and section 9(2) shall have effect accordingly.

(6)

Where a parent makes a requirement under subsection (4)(c), the following provisions apply:

(a)

the Secretary shall forthwith give the parent the names of 3 people:

(b)

each person shall, in the opinion of the Secretary, have experience in or expert knowledge of special education, but shall not be an employee of the Ministry, or an employee or trustee of a board:

(c)

within 14 days of being given the names, the parent shall tell the Secretary—

(i)

which one of the people is acceptable; or

(ii)

that none of them is acceptable, and the name of some other person who is:

(d)

if within 14 days of being given the names the parent tells the Secretary that one of the people is acceptable, the person concerned shall be the arbitrator:

(e)

if within 14 days of being given the names the parent does not comply with paragraph (c), the Secretary shall choose one of the 3 people to be the arbitrator:

(f)

if within 14 days of being given the names the parent tells the Secretary that none of the people is acceptable, and the name of some other person who is, the Secretary shall forthwith accept or reject the other person:

(g)

if the Secretary accepts the other person, the other person shall be the arbitrator:

(h)

if the Secretary rejects the other person, the Secretary shall forthwith tell the other person the name of a person to act as the Secretary’s agent in choosing an arbitrator; and the other person and the Secretary’s agent shall, as soon as is possible, choose the arbitrator:

(i)

once it is known who the arbitrator is, the Secretary shall give the arbitrator a copy of all the relevant documents:

(j)

the arbitrator shall give the parent notice in writing that—

(i)

the arbitrator has been appointed; and

(ii)

the parent may make written submissions:

(k)

on getting written submissions from the parent or 21 days after notifying the parent (whichever comes first), the arbitrator shall tell the parent and the Secretary when and where the arbitrator will hear the matter:

(l)

the parent (or a nominee), a representative of the parent, the Secretary (or a nominee), and a representative of the Secretary may take part in the hearing, and may require the child or other person concerned to be produced:

(m)

except as provided in this subsection, the arbitrator shall decide how the hearing proceeds:

(ma)

if, at the hearing, the parent of the person concerned produces evidence about the person that was not available to the Secretary when the Secretary reconsidered the relevant direction or refusal to come to an agreement under section 9(1),—

(i)

the arbitrator may not consider that evidence and must refer the case back to the Secretary:

(ii)

the Secretary must reconsider the decision that was the subject of the arbitration, and subsection (4) applies to the Secretary’s decision under this subparagraph with any necessary modifications:

(n)

subject to paragraph (ma), after the hearing the arbitrator shall either confirm the Secretary’s decision or direct the Secretary to make some decision that the Secretary could have made but did not:

(o)

the Secretary shall comply with any order made:

(p)

a parent has no right to require the reconsideration or reference to an arbitrator of a decision the Secretary has made pursuant to an arbitrator’s direction:

(q)

if the arbitrator confirms a decision of the Secretary to refuse to come to an agreement under section 9(1), no parent has a right to require the reconsideration or reference to an arbitrator of a further refusal made in respect of the same child or person within 12 months of the confirmation of the decision.

(7)

Subsections (1) to (6) come into force on 1 January 1990.

Section 10(1)(b): amended, on 30 August 2011, by section 12 of the Education Amendment Act 2011 (2011 No 66).

Section 10(3)(b): amended, on 23 July 1990, by section 5 of the Education Amendment Act 1990 (1990 No 60).

Section 10(6)(b): amended, on 28 February 2002, pursuant to section 95(1) of the Education Standards Act 2001 (2001 No 88).

Section 10(6)(ma): inserted, on 19 December 1998, by section 4(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 10(6)(n): amended, on 19 December 1998, by section 4(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 10 compare note: repealed, on 20 May 2010, by section 7 of the Education Amendment Act 2010 (2010 No 25).

Part 2 Enrolment schemes, and suspension, expulsion, and exclusion of students

11 Limitations on enrolment at certain primary schools
[Repealed]

Section 11: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

Enrolment schemes

Heading: inserted, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

11A Purpose and principles

(1)

The purpose of the enrolment scheme of a State school is—

(a)

to avoid overcrowding, or the likelihood of overcrowding, at the school; and

(b)

to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and

(c)

to enable the Secretary to make the best use of existing networks of State schools.

(2)

In achieving its purpose, the enrolment scheme of every State school must, as far as possible, ensure that—

(a)

the scheme does not exclude local students; and

(b)

no more students are excluded from the school than is necessary to avoid overcrowding at the school.

Section 11A: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11B Interpretation

In sections 11C to 11PB, unless the context otherwise requires,—

give notice means to publish a notice in a daily or community newspaper circulating in the area served by the school

reasonably convenient school means a State school that a reasonable person living in the area in which the school is situated would judge to be reasonably convenient for a particular student, taking into account such factors as the age of the student, the distance to be travelled, the time likely to be spent in travel, the reasonably available modes of travel, common public transport routes, and relevant traffic hazards. The meaning may vary as between different schools depending on such matters as—

(a)

whether the school is a single sex or co-educational school:

(b)

whether the school is an ordinary State school, a Kura Kaupapa Maori, a designated character school, an integrated school, or a special school:

(c)

whether the school is a primary, intermediate, secondary, composite, or area school

special programme means a programme, or a programme of a type, that the Secretary has, by notice in the Gazette, approved as a special programme, and—

(a)

that provides—

(i)

special education; or

(ii)

Maori language immersion classes; or

(iii)

any other type of specialised education to overcome educational disadvantage; or

(b)

that is a programme—

(i)

that takes a significantly different approach in order to address particular student needs; and

(ii)

that would not be viable unless it could draw from a catchment area beyond the school’s home zone; and

(iii)

to which entry is determined by an organisation or process that is independent of the school.

Section 11B: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11C Content of enrolment scheme

(1)

A school’s enrolment scheme must—

(a)

define a home zone for the school; and

(b)

set out the pre-enrolment procedures for selecting applicants who live outside the home zone; and

(c)

identify any special programmes offered by the school and the criteria on which students will be accepted onto any special programme.

(2)

The procedures described in subsection (1)(b) must be consistent with section 11F and any relevant instructions issued by the Secretary under section 11G.

Section 11C: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11D Effect of home zone

(1)

Subject to the provisions of this Act, a person who lives in the home zone of a school that has an enrolment scheme is entitled at any time to enrol at that school.

(2)

An applicant for enrolment at a school with an enrolment scheme who lives outside the school’s home zone is entitled to enrol at the school only—

(a)

if he or she is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or

(b)

if the Secretary has agreed or directed under section 9, or directed under section 11P, section 16, section 17D, or section 18A, that the student be enrolled at the school; or

(c)

if—

(i)

the student has been excluded or expelled from another school (school A); and

(ii)

the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and

(iii)

the Secretary endorses the proposal.

Section 11D: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11D(2)(b): amended, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

Section 11D(2)(c): inserted, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

11E How a school defines its home zone

(1)

A State school’s home zone must be defined by geographic boundaries, and must be described in such a way that any given address is either within or outside the home zone.

(2)

A school’s home zone—

(a)

must be an area for which the school is a reasonably convenient school for a student living in that area to attend; and

(b)

may exclude any area for which another school is also a reasonably convenient school for a student living in that area to attend; and

(c)

may exclude any area that it is desirable to exclude for the purpose of allowing the Secretary to make best use of the existing network of State schools in the area.

Section 11E: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11E(2)(c): amended, on 20 May 2010, by section 8 of the Education Amendment Act 2010 (2010 No 25).

11F How to select applicants who live outside home zone

(1)

The order of priority in which applicants who live outside a school’s home zone are to be offered places at the school is as follows:

(a)

first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:

(b)

second priority must be given to any applicant who is the sibling of a current student of the school:

(c)

third priority must be given to any student who is the sibling of a former student of the school:

(d)

fourth priority must be given to any applicant who is a child of a former student of the school:

(e)

fifth priority must be given to any applicant who is either a child of an employee of the board of the school or a child of a member of the board of the school:

(f)

sixth priority must be given to all other applicants.

(2)

If there are more applicants in the second, third, fourth, fifth, or sixth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G.

(3)

For the purposes of this section, child A is the sibling of child B if—

(a)

both children share a common parent; or

(b)

a parent of child A is married to, or in a civil union with, a parent of child B; or

(c)

a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B’s parent died; or

(d)

a parent of child A is the de facto partner of a parent of child B; or

(e)

both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or

(f)

the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.

(4)

If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.

(5)

Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A.

Section 11F: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11F(1)(d): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(e): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(f): inserted, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(2): amended, on 21 December 2010, by section 6(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(3)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(d): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

11G Instructions and guidelines on operation of enrolment schemes

(1)

The Secretary may issue instructions to State schools that have enrolment schemes about the following matters:

(a)

the procedures for holding ballots:

(b)

the dates on which ballots are to be held:

(c)

the establishment and maintenance of waiting lists:

(d)

the information to be given to applicants who live outside the school’s home zone:

(e)

any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.

(2)

Instructions issued under subsection (1)—

(a)

must be complied with by schools; and

(b)

may apply to all or specified schools or classes of school; and

(c)

must be notified in the Gazette, either in full, or by a notice outlining the content of the instructions and saying where a copy can be obtained, and the date on which the instructions take effect; and

(d)

may be amended or revoked, in which case notice of the amendment or revocation must be given in the Gazette, as described in paragraph (c).

(3)

The Secretary may issue guidelines to State schools about any or all of the following matters:

(a)

the basis on which the Secretary’s powers in relation to enrolment schemes may be exercised (including, in particular, the power in section 11P(2)(a) relating to the determination of whether an applicant lives within a home zone or outside it):

(b)

the kinds of amendments to enrolment schemes that are minor amendments for the purpose of section 11MA, or the criteria for deciding what is a minor amendment, or both:

(c)

the manner in which schools must conduct reviews under section 11OA (which relates to the review of a student’s enrolment).

Section 11G: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11G(3): replaced, on 25 October 2001, by section 6 of the Education Standards Act 2001 (2001 No 88).

11H Process for developing and adopting enrolment scheme

(1)

If the Secretary gives a written notice to a State school that there is, or is likely to be, overcrowding at the school, the board of the school must develop an enrolment scheme for the school.

(2)

A board may not begin developing an enrolment scheme unless it has received a written notice of the type referred to in subsection (1).

(3)

When developing a proposed enrolment scheme, a board must consult with whatever persons and organisations it considers appropriate and, in particular, must take all reasonable steps to discover and consider the views of—

(a)

the parents of students at the school; and

(b)

the people living in the area for which the school is a reasonably convenient school; and

(c)

the students and prospective students of the school (depending on their age and maturity); and

(d)

the boards of other schools that could be affected by the proposed enrolment scheme.

(4)

In addition to the consultation required by subsection (3),—

(a)

the board of a Kura Kaupapa Maori must consult with the persons and organisations that the board believes have an interest in fostering the school’s adherence to Te Aho Matua and any special characteristics set out in the school’s charter:

(b)

the board of a designated character school must consult with those persons and organisations that the board believes have an interest in fostering the aims, purposes, and objectives that constitute the school’s different character:

(c)

the board of an integrated school must consult with the school’s proprietors.

(5)

If the Secretary approves a proposed enrolment scheme for a State school, the school’s board must pass a resolution adopting the scheme as soon as practicable.

Section 11H: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11I Proposed enrolment schemes to be approved by Secretary

(1)

The Secretary may approve the proposed enrolment scheme of a State school only if he or she is satisfied that—

(a)

the scheme complies, as far as possible, with the purpose and principles of enrolment schemes as set out in section 11A; and

(b)

the definition of the school’s home zone in the enrolment scheme ensures that students can attend a reasonably convenient school; and

(c)

the boundaries of the school’s home zone overlap or are contiguous with the boundaries of the home zone of any adjacent State school that has an enrolment scheme; and

(d)

the scheme promotes the best use of the network of State schools in the area; and

(e)

the procedures for determining which applicants who live outside the home zone will be offered places at the school comply with section 11F and any instructions issued under section 11G; and

(f)

the board has carried out adequate consultation under section 11H.

(2)

If a board and the Secretary are unable to reach agreement about the content of the school’s enrolment scheme or proposed enrolment scheme, the Secretary may require the board to amend the scheme or proposed scheme in the manner required by the Secretary.

(3)

A board that receives a requirement under subsection (2) must, as soon as practicable, change its enrolment scheme or proposed enrolment scheme to give effect to the Secretary’s requirement, and the board need not obtain separate approval from the Secretary for the change.

Section 11I: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11J Information about school’s enrolment scheme

(1)

When the board of a State school adopts an enrolment scheme, it must give notice of the fact that it has adopted an enrolment scheme, and the notice must include—

(a)

a general description of the school’s home zone; and

(b)

information about where copies of the enrolment scheme may be viewed and obtained.

(2)

Each year, the board of a school that has an enrolment scheme must give notice of—

(a)

the likely number of out-of-zone places; and

(b)

the significant pre-enrolment dates and procedures; and

(c)

the date or dates on which any ballot will be held.

(3)

The following must be available for inspection at the school at all reasonable times:

(a)

a copy of the school’s current enrolment scheme:

(b)

a copy of the results of the most recent ballot for places at the school:

(c)

a copy of the waiting list for places at the school:

(d)

if it is available, information about the matters listed in subsection (2).

Section 11J: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11K Commencement of enrolment scheme

(1)

An enrolment scheme for a primary school commences on the date 3 months after the day of its adoption, or on a later date specified in the scheme.

(2)

An enrolment scheme for a secondary or composite school commences on 1 January in the year following the year in which it was adopted, or on a later date specified in the scheme and agreed to by the Secretary.

(3)

Despite subsections (1) and (2), the Secretary may, on application by a board, authorise the early commencement of an enrolment scheme if he or she considers that early commencement is appropriate.

(4)

If the Secretary gives authorisation for early commencement after the board has given notice of the enrolment scheme, the board must give notice showing the revised date on which the scheme will commence.

Section 11K: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11L End of enrolment scheme

(1)

The board of a school may by resolution, in accordance with this section, abandon an enrolment scheme, in which case the scheme ends on the date specified in the resolution.

(2)

A board may not resolve to abandon an enrolment scheme unless it has received written notice from the Secretary authorising it to do so.

(3)

The Secretary may at any time, by notice in writing, require the board of a State school to abandon its enrolment scheme on the grounds that the Secretary is satisfied that there is not, or is not likely to be, overcrowding at the school if the enrolment scheme is abandoned; and the board must resolve at its next meeting to abandon the scheme.

(4)

When a board abandons an enrolment scheme, it must—

(a)

notify the Secretary of the date on which the enrolment scheme ended or will end; and

(b)

give notice of the date on which the scheme ended or will end.

Section 11L: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11M Amendment of enrolment scheme

(1)

The board of a State school that has adopted an enrolment scheme may amend it.

(2)

A board must not amend a scheme unless it is satisfied that an enrolment scheme is still necessary in order to avoid overcrowding, or the likelihood of overcrowding, at the school.

(3)

If the board of a State school (school A) adopts or amends an enrolment scheme, the Secretary may require the board of any nearby State school that also has an enrolment scheme to develop a proposed amendment to its enrolment scheme in order to take into account the effect of school A’s scheme.

(4)

Sections 11A to 11L apply to an amendment and a proposed amendment to an enrolment scheme as if it were an enrolment scheme or a proposed enrolment scheme (as the case may be).

Section 11M: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11M(3): amended, on 20 May 2010, by section 9 of the Education Amendment Act 2010 (2010 No 25).

11MA Making minor amendments to enrolment schemes

(1)

A State school that wishes to make a minor amendment to its enrolment scheme may make it using the procedure set out in subsection (2) instead of going through the process set out in sections 11H to 11J.

(2)

In order to make a minor amendment to its enrolment scheme under this section, a school must—

(a)

apply to the Secretary for confirmation that the proposed amendment is minor; and

(b)

on receiving confirmation from the Secretary, give notice of the proposed amendment; and

(c)

forward to the Secretary any written comments or queries received by the school regarding the proposed amendment; and

(d)

adopt the amendment by resolution of the school’s board.

(3)

A school may not adopt an amendment under subsection (2)(d) unless—

(a)

at least 1 month has passed since notice of the proposal was given; and

(b)

the Secretary has, after that time, given approval for the amendment to be incorporated.

(4)

At any time before the amendment is incorporated into the enrolment scheme, the Secretary may advise the school that the proposed amendment is not minor, in which case the school may not adopt the amendment without going through the process set out in sections 11H to 11J.

Section 11MA: inserted, on 25 October 2001, by section 7 of the Education Standards Act 2001 (2001 No 88).

11N Pre-enrolment in schools with enrolment schemes

(1)

The board of a State school may apply the pre-enrolment procedures of an enrolment scheme at any time after notice has been given of the scheme under section 11J(1), even if the scheme has not yet commenced.

(2)

In the case of applications by applicants who will be subject to a ballot, the board must notify each applicant, in writing, of—

(a)

when and how the ballot will be held; and

(b)

when and how applicants will be advised of the results of the ballot; and

(c)

the rights and responsibilities of applicants after the ballot.

(3)

The board must give written notice to every applicant whose application is declined of—

(a)

the reason why the application has been declined; and

(b)

the Secretary’s powers under section 11P(2).

(4)

The board must give written notice to every applicant whose name was included in a ballot of the outcome of the ballot as it relates to the applicant.

Section 11N: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11O Enrolment may be annulled if based on false information or temporary residence

(1)

The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if the board believes on reasonable grounds that the student’s enrolment or pre-enrolment form falsely claimed, for the purpose of securing enrolment, that—

(a)

the student was living in the school’s home zone when the student enrolled at the school; or

(b)

the student was entitled to a particular priority in the ballot for places (for example, by falsely claiming the applicant to be the sibling (as defined in section 11F(3)) of an existing student).

(1A)

The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if, following a review under section 11OA, the board determines that the student has used a temporary residence for the purpose of gaining enrolment at the school.

(2)

The address given in a student’s pre-enrolment form as the address where the student lives will be taken to be the address at which the student is living on enrolment, unless the board is notified otherwise.

(3)

The board may annul the enrolment of any student, or may refuse an application for enrolment by any person, who claimed or claims priority in a ballot as a sibling of a student whose enrolment the board has annulled under this section.

(4)

If the board annuls an enrolment under any of subsections (1), (1A), or (3), the annulment takes effect 1 month from the date on which the board decides to annul the enrolment.

(5)

A board that annuls the enrolment of a student must immediately—

(a)

advise the student’s parents, in writing, of the date of annulment and the date on which it takes effect; and

(b)

advise the Secretary of the name of the student and the date of annulment.

Section 11O: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11O heading: amended, on 25 October 2001, by section 8(1) of the Education Standards Act 2001 (2001 No 88).

Section 11O(1A): inserted, on 25 October 2001, by section 8(2) of the Education Standards Act 2001 (2001 No 88).

Section 11O(4): replaced, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

Section 11O(5): replaced, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

11OA Review of student’s enrolment

(1)

The board of a State school that has an enrolment scheme may issue the parents of a student enrolled at the school with a review notice under this section if—

(a)

the student was enrolled at the school on the grounds that he or she lived in the school’s home zone; and

(b)

the student has, since enrolling at the school, moved out of the school’s home zone; and

(c)

the board believes on reasonable grounds that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(2)

On receipt of a review notice, a parent who wishes to rebut the board’s view may make submissions to the board in whatever manner he or she considers appropriate, and the board must, in accordance with any guidelines issued under section 11G(3)(c), give the parent every reasonable opportunity to explain the situation.

(3)

The board may exercise its power under section 11O(1A) to annul the student’s enrolment if, no earlier than 10 school days after the date on which the review notice was sent, the board determines that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(4)

Every review notice must—

(a)

be in writing; and

(b)

be sent by any 1 or more of post, fax, or email to the student’s parents; and

(c)

advise the parents of the effect of the notice, and explain what the parents may do next.

Section 11OA: inserted, on 25 October 2001, by section 9 of the Education Standards Act 2001 (2001 No 88).

11P Secretary may direct board to enrol applicant

(1)

The Secretary may direct the board of any State school (including the board of the school at which the student was enrolled) to enrol a student whose enrolment has been annulled under section 11O.

(2)

The Secretary may direct the board of any State school to enrol an applicant whose application for enrolment it has declined if the Secretary is satisfied that—

(a)

the board has declined the application on the ground that the applicant is not living in the school’s home zone, but in fact the applicant is living in the school’s home zone; or

(b)

the consequences of not giving the direction would be so disadvantageous to the applicant that overriding the enrolment scheme in this case is justified.

(3)

The Secretary must not give a direction about a person under subsection (1) or subsection (2)(b) unless he or she has taken all reasonable steps to consult the person’s parents, the board of the proposed school, and (if appropriate, having regard to the age and maturity of the person) the person.

(4)

The Secretary may not direct the board of a Kura Kaupapa Maori, a designated character school, or an integrated school to enrol a person under this section unless the person’s parents agree, and accept the special character of that school.

(5)

A board must comply with a direction under this section, and the direction overrides the provisions of any enrolment scheme the school may have in place.

Section 11P: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11PA Annual review of enrolment scheme

(1)

The board of a State school that has an enrolment scheme in place on 1 February in any year must, before 1 May of that year,—

(a)

review the operation of the enrolment scheme, having regard to the purpose and principles of enrolment schemes; and

(b)

ask the Secretary whether he or she agrees with the board’s view about the continuing need for a scheme to prevent overcrowding, or the likelihood of overcrowding, at the school.

(2)

The Secretary may exempt a board for any period not exceeding 3 years from the obligation to conduct an annual review if the Secretary considers that compliance is unnecessary.

(3)

The Secretary may at any time rescind an exemption given under subsection (2), and may require the board to conduct a review of its enrolment scheme within a period specified by the Secretary.

Section 11PA: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11PB Enrolment schemes of certain State schools

(1)

Sections 11A to 11PA apply to Kura Kaupapa Maori, designated character schools, integrated schools, and special schools, and to their enrolment schemes, subject to the following modifications:

(a)

all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolments at the school than there are places available; and

(b)

the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and

(c)

section 11J is modified as follows:

(i)

subsection (1) applies as if paragraph (a) read “a general description of the enrolment scheme”; and

(ii)

subsection (2) applies as if paragraphs (a) to (c) were replaced with the words “the likely number of places available and the significant pre-enrolment dates and procedures that will apply”; and

(iii)

subsection (3)(b) does not apply; and

(d)

in the case of a Kura Kaupapa Maori, the application of the sections must not result in inconsistency with section 155; and

(e)

in the case of a designated character school, the application of the sections must not result in inconsistency with the school’s charter or section 156; and

(f)

in the case of an integrated school, the application of the sections must not result in inconsistency with the school’s integration agreement or the Private Schools Conditional Integration Act 1975.

(2)

Sections 11A to 11PA do not apply to any State school of a type specified by the Secretary by notice in the Gazette.

Section 11PB: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11Q Obligation to report to Parliament on enrolment schemes

(1)

The annual report on the schools sector that is laid before the House of Representatives by the Minister of Education in accordance with section 87B must include a statement signed by the Secretary that—

(a)

lists the schools that have an enrolment scheme in place; and

(b)

states the period for which each scheme has been in place; and

(c)

notes the schools where adjacent schools have schemes in place; and

(d)

outlines any plans included in the Ministry’s property development or other programmes to address the pressures on capacity in areas where a number of adjacent schools have enrolment schemes in place, including development plans to manage school population changes to maximise (to the extent it is reasonable and practicable to do so) the opportunity for students to attend a reasonably convenient State school.

(2)

In this section, an enrolment scheme is in place once it has been notified in accordance with section 11J.

Section 11Q: replaced, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 11Q(1): amended, on 20 May 2010, by section 10 of the Education Amendment Act 2010 (2010 No 25).

Section 11Q(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 11Q(2): amended, on 8 July 2000, by section 26(3) of the Education Amendment Act 2000 (2000 No 21).

12 Enrolment schemes for certain other schools
[Repealed]

Section 12: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

Standing-down, suspension, exclusion, and expulsion of students

Heading: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

13 Purpose

The purpose of the provisions of this Act concerning the standing-down, suspension, exclusion, or expulsion of a student from a State school is to—

(a)

provide a range of responses for cases of varying degrees of seriousness; and

(b)

minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate; and

(c)

ensure that individual cases are dealt with in accordance with the principles of natural justice.

Section 13: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

14 Principal may stand-down or suspend students

(1)

The principal of a State school may stand-down or suspend a student if satisfied on reasonable grounds that—

(a)

the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or

(b)

because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended.

(2)

A stand-down may be for 1 or more specified periods, and—

(a)

the period or periods may not exceed 5 school days in any one term:

(b)

a student may be stood-down more than once in the same year but for not more than 10 school days in total in that year:

(c)

in calculating the period of a stand-down, the day on which the student was stood-down, and any day on which the student would not have had to attend school in any event, must not be counted:

(d)

the principal may lift the stand-down at any time before it is due to expire.

(3)

If a student has been stood-down or suspended, the following provisions apply in relation to the student’s attendance at the school:

(a)

the principal may require the student to attend the school if the principal reasonably considers the student’s attendance is appropriate for the purposes of section 17A:

(b)

the principal must allow the student to attend the school if the student’s parents request that the student be permitted to attend the school and the principal considers the request is reasonable:

(c)

otherwise the student does not have to, and is not permitted to, attend the school while stood-down or suspended.

Section 14: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 14(1)(b): amended, on 17 May 2006, by section 5 of the Education Amendment Act 2006 (2006 No 19).

15 Board’s powers when suspended student younger than 16

(1)

If a student younger than 16 has been suspended from a State school, the school’s board may—

(a)

lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions the board wants to make:

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies:

(c)

if the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.

(3)

If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the board to reconsider the action it took under this section in that case and the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1).

(4)

If the board has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of a student younger than 16 ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

(5)

If the board of a State school excludes the student under subsection (1)(c), the principal must try to arrange for the student to attend another school (which school is a suitable school that the student can reasonably conveniently attend).

(6)

If the principal is unable, by the tenth school day after the day of the board’s decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so.

Section 15: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

16 Secretary’s powers when excluded student younger than 16

(1)

If the Secretary is satisfied that the board of a State school has excluded a student who is younger than 16 from the school under section 15(1)(c), and that the principal has not arranged for the student to attend another school, the Secretary must either,—

(a)

if satisfied that it is not inappropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

(b)

arrange for and, if necessary, direct the board of any other State school (that is not an integrated school) to enrol the student at the other school; or

(ba)

arrange for and, if necessary, direct the sponsor of a partnership school kura hourua to enrol the student at the partnership school kura hourua; or

(c)

direct a parent of the student to enrol the student at a correspondence school.

(2)

The Secretary may not give a direction under subsection (1)(b) or lift an exclusion under subsection (1)(a) unless the Secretary has also made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(2A)

The Secretary may not give a direction under subsection (1)(ba) unless—

(a)

the student’s parents agree to the direction; and

(b)

the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.

(3)

If the board of the school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)(b)) may direct the board to enrol the student at that other school.

(4)

A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.

(5)

A sponsor must comply with a direction under subsection (1)(ba), and the direction overrides any enrolment process the partnership school kura hourua may have in place.

Section 16: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 16(1)(ba): inserted, on 13 June 2013, by section 7(1) of the Education Amendment Act 2013 (2013 No 34).

Section 16(2A): inserted, on 13 June 2013, by section 7(2) of the Education Amendment Act 2013 (2013 No 34).

Section 16(5): inserted, on 13 June 2013, by section 7(3) of the Education Amendment Act 2013 (2013 No 34).

17 Board’s powers when suspended student 16 or older

(1)

If a student who is 16 or older has been suspended from a State school, the board may—

(a)

lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions it wants to make; or

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies; or

(c)

expel the student.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school, and must take steps to facilitate the return of the student to school.

(3)

If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the board to reconsider the action it took under this section in that case and the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1).

(4)

If the board has not sooner lifted or extended it or expelled the student under subsection (1)(c), the suspension of a student who is 16 or older ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

Section 17: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17A Duties of principal when student stood-down or suspended

(1)

When a student is stood-down or suspended from a State school, the principal must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.

(2)

If a student’s suspension is subject to conditions (whether under section 15 or section 17), the principal must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.

(3)

The purpose of the programme referred to in subsection (2) is to facilitate the return of a student to school and to minimise the educational disadvantages that occur from absence from school.

Section 17A: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17B Who may attend board meeting concerning suspensions

If a student has been suspended, the student, the student’s parents, and their representatives are entitled to attend at least 1 meeting of the board and speak at that meeting, and to have their views considered by the board before it decides whether to lift or extend the suspension or exclude or expel the student (whether under section 15 or section 17).

Sections 17B: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17C Effect of suspension on school register

(1)

The name of a student younger than 16 who has been suspended from a school under section 14 or excluded from a school under section 15(1)(c) must stay on the school’s register until the earliest of the following days:

(a)

the day the student is enrolled at another registered school:

(b)

the day the student is given an exemption under section 21 or section 22.

(2)

The name of a student who has turned 16 and is suspended from a school under section 14 must stay on the register of the school until the earliest of the following days:

(a)

the day on which the student is enrolled at another registered school:

(b)

the day on which the student is expelled from the school:

(c)

the day on which the student leaves school:

(d)

1 January after the student’s 19th birthday.

(3)

Subsection (2) applies to a student who is younger than 16 when suspended from a school under section 14 or excluded from a school under section 15(1)(c), and turns 16 while subject to the suspension or exclusion.

Sections 17C: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17D Re-enrolment of excluded or expelled student

(1)

The board of a State school from which a student has ever been excluded or expelled (whether under section 15 or section 17) may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 16(1)(a)).

(2)

Subject to sections 16(1)(b) and 158R(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 15 or 17) from another State school or a partnership school kura hourua.

(3)

The Secretary may, in the case of a student who has turned 16, direct the board of another State school (that is not an integrated school) to enrol a student at the school if—

(a)

the student has been expelled from a State school under section 17; and

(b)

the Secretary has made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(3A)

The Secretary may, in the case of a student who has turned 16, direct the sponsor of a partnership school kura hourua to enrol the student at the school if—

(a)

the student has been expelled from a State school under section 17; and

(b)

the student’s parents agree to the enrolment; and

(c)

the Secretary has made all reasonable attempts to consult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.

(4)

A board must comply with a direction under subsection (3), and the direction overrides the provisions of any enrolment scheme the school may have in place.

(5)

A sponsor must comply with a direction under subsection (3A), and the direction overrides any enrolment process the partnership school kura hourua may have in place.

Sections 17D: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 17D(2): replaced, on 13 June 2013, by section 8(1) of the Education Amendment Act 2013 (2013 No 34).

Section 17D(3)(a): amended, on 13 June 2013, by section 8(2) of the Education Amendment Act 2013 (2013 No 34).

Section 17D(3A): inserted, on 13 June 2013, by section 8(3) of the Education Amendment Act 2013 (2013 No 34).

Section 17D(5): inserted, on 13 June 2013, by section 8(4) of the Education Amendment Act 2013 (2013 No 34).

18 Notice requirements for stand-downs, suspensions, exclusions, and expulsions

(1)

Immediately after a student is stood-down under section 14, the principal must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the student has been stood-down; and

(b)

the reasons for the principal’s decision; and

(c)

the period for which the student has been stood-down.

(2)

Immediately after a student is suspended under section 14, the principal must tell the board, the Secretary, and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the student has been suspended; and

(b)

the reasons for the principal’s decision.

(3)

Immediately after a board lifts a suspension, extends a suspension, excludes a student, or expels a student (whether under section 15 or section 17), the board must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the suspension has been lifted or extended, and the period of the extension (if any), or that the student has been excluded or expelled; and

(b)

the reasons for the board’s decision.

Section 18: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

18AA Secretary may make rules

(1)

The Secretary may from time to time, by notice in the Gazette, make rules (which must not be inconsistent with this Act) regulating the practice and procedure to be followed by boards, principals, students, parents of students, and other persons under sections 14 to 18, including (without limitation) rules—

(a)

setting out procedural requirements to be followed when a proposed stand-down, suspension, exclusion, or expulsion is to be considered or decided:

(b)

specifying who should be consulted about the circumstances of a stand-down, suspension, exclusion, or expulsion:

(c)

setting out the steps to be taken by the principal and board, respectively, when a student has been stood-down, suspended, excluded, or expelled:

(d)

specifying the notices to be given when a decision not to lift a suspension, or a decision to extend a suspension or expel a student, is made; and specifying the particulars to be set out in each notice:

(e)

specifying time limits within which specified things are to be done, and the reports that are to be produced and the persons who are to produce them:

(f)

providing reasonable measures (which must not be inconsistent with the Privacy Act 1993) to protect the privacy of individuals:

(g)

providing for such other matters as the Secretary considers desirable in the interests of natural justice.

(2)

Before making any rules under this section, the Secretary must—

(a)

publish in the Gazette, and in such newspapers as the Secretary considers appropriate, a notice of his or her intention to make the rules; and

(b)

give interested persons a reasonable time to make representations about the proposed rules; and

(c)

consult such persons and groups as the Secretary considers appropriate.

(3)

If there is any conflict between rules made under this section and the provisions of clause 8 of Schedule 6, the rules override clause 8.

(4)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 18AA: inserted, on 19 December 1998, by section 8 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 18AA(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

18A Recommendation that student should attend particular school

(1)

The Secretary may, on the recommendation of the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, direct the board of a State school to enrol at the school any person; and in that case the board must do so.

(2)

No direction may be given under subsection (1) unless the Secretary has taken all reasonable steps to consult—

(a)

the person’s parents; and

(b)

the board of the school concerned; and

(c)

the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, and any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the person’s education or welfare.

(3)

A board must comply with a direction under subsection (1), and the direction overrides the provisions of any enrolment scheme the school may have in place.

Section 18A: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 18A(1): amended, on 8 July 2000, by section 5 of the Education Amendment Act 2000 (2000 No 21).

Section 18A(3): replaced, on 8 July 2000, by section 26(4) of the Education Amendment Act 2000 (2000 No 21).

19 Principal may preclude student for health reasons

(1)

A principal of a State school who believes on reasonable grounds that a student—

(a)

is not clean enough to keep attending the school; or

(b)

may have a communicable disease (within the meaning of the Health Act 1956),—

may preclude the student from the school.

(2)

Forthwith after precluding a student from school under subsection (1), the principal shall make all reasonable efforts to tell—

(a)

the board; and

(b)

either the student (in the case of a student who has turned 20) or the student’s parents (in every other case); and

(c)

in the case of a student precluded under subsection (1)(b), the Medical Officer of Health,—

that the student has been precluded, and why.

(3)

Where a student has been precluded from a State school for being not clean enough, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the principal is satisfied that the student is clean enough to go back to school.

(4)

Where a student has been precluded from a State school on suspicion of having a communicable disease, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the board has received a certificate from a doctor stating that the student is well enough to go back to school.

(5)

Where any person is charged with an offence against section 29 (which relates to ensuring the attendance of students at school)—

(a)

it is a defence to the charge if it is proved that—

(i)

the student did not attend because precluded for having a communicable disease; and

(ii)

the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school (as the case may be); and

(b)

except to the extent set out in paragraph (a), it is not a defence to the charge that the student did not attend because precluded under subsection (1).

(6)

No principal or board is liable for any act done or omitted—

(a)

in good faith; and

(b)

with reasonable care; and

(c)

in pursuance or intended pursuance of a power or duty given or imposed by this section.

Compare: 1964 No 135 s 193B

Section 19 heading: amended, on 19 December 1998, by section 9 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(1): amended, on 19 December 1998, by section 9(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2)(c): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(i): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(ii): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(b): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Part 3 Enrolment and attendance of students

20 New Zealand citizens and residents between 6 and 16 to go to school

(1)

Except as provided in this Act, every person who is not an international student is required to be enrolled at a registered school at all times during the period beginning on the person’s sixth birthday and ending on the person’s 16th birthday.

(2)

Before a child’s seventh birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child’s residence.

Compare: 1964 No 135 ss 108, 109

Section 20 heading: amended, on 1 January 1993, by section 5 of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 20(1): amended, on 30 August 2011, by section 13 of the Education Amendment Act 2011 (2011 No 66).

Section 20(1): amended, on 1 January 1993, by section 5(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

21 Long term exemptions from enrolment

(1)

An employee of the Ministry designated by the Secretary for the purpose (in this section and section 26 referred to as a designated officer) may, by certificate given to a person’s parent, exempt the person from the requirements of section 20,—

(a)

on the parent’s application; and

(b)

if satisfied that the person—

(i)

will be taught at least as regularly and well as in a registered school; or

(ii)

in the case of a person who would otherwise be likely to need special education, will be taught at least as regularly and well as in a special class or clinic or by a special service.

(2)

A certificate under subsection (1) continues in force until it is revoked or expires under this section.

(3)

If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

(4)

The Secretary’s decision is final.

(5)

Every certificate under subsection (1) or subsection (3) shall state why it was given.

(6)

Subject to subsection (7), the Secretary may at any time revoke a certificate under subsection (1) or subsection (3).

(7)

The Secretary shall not revoke a certificate under subsection (1) or subsection (3), unless, after having—

(a)

made reasonable efforts to get all the relevant information; and

(b)

considered a report on the matter from the Chief Review Officer,—

the Secretary is not satisfied of whichever of the grounds specified in subsection (1)(b) the certificate was originally granted on.

(8)

If the Secretary thinks any person exempted under subsection (1) would be better off getting special education, the Secretary may revoke the certificate and issue a direction under section 9.

(8A)

A certificate for the time being in force under subsection (1) or subsection (3) expires when the person to whom it applies turns 16 or enrols at a registered school, whichever happens first.

(9)

Every certificate of exemption under section 111 of the Education Act 1964 that was in force on 30 September 1989 shall be deemed to have been granted—

(a)

on the ground specified in subsection (1)(b)(i) if it was in fact granted—

(i)

before 20 July 1987, under section 111(4)(a) of the Education Act 1964; or

(ii)

after 19 July 1987, under section 111(3)(a) of that Act; and

(b)

on the ground specified in subsection (1)(b)(ii) if it was in fact granted—

(i)

before 20 July 1987, under section 111(4)(b) of the Education Act 1964; or

(ii)

after 19 July 1987, under section 111(3)(b) of that Act;—

and may be revoked under this section accordingly.

Section 21(2): amended, on 19 December 1998, by section 10(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 21(6): amended, on 23 July 1990, by section 10 of the Education Amendment Act 1990 (1990 No 60).

Section 21(8A): inserted, on 19 December 1998, by section 10(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 21(9): inserted, on 1 January 1990, by section 8 of the Education Amendment Act 1989 (1989 No 156).

Section 21 compare note: repealed, on 20 May 2010, by section 11 of the Education Amendment Act 2010 (2010 No 25).

22 Secretary may exempt from enrolment

(1)

Subject to subsection (2), the Secretary may, by certificate given to the parent of a person who has turned 15, exempt the person from the requirements of section 20

(a)

on the parent’s application; and

(b)

if satisfied that, on the basis of—

(i)

the person’s educational problems; and

(ii)

the person’s conduct; and

(iii)

the benefit (if any) the person is likely to get from available schools,—

it is sensible to do so.

(2)

The Secretary shall not exempt under subsection (1) any person who has neither completed the work of form 2 nor enrolled for a class above form 2.

(3)

The Secretary shall tell the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 the name and address of every person exempted under subsection (1).

(4)

If satisfied that it is in the best interests of any person to do so, the Secretary may revoke the person’s certificate under subsection (1).

Compare: 1964 No 135 s 112

Section 22(1): amended, on 1 January 1993, by section 5(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 22(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

22A Secretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989

(1)

On an application from the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, the Secretary may, by a certificate given to the chief executive of that department, exempt a person from the requirements of section 20 if satisfied that the requirements set out in subsection (2) have been met.

(2)

The requirements referred to in subsection (1) are that the person—

(a)

has been placed—

(i)

in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989; or

(ii)

in a residential programme instituted by, and operated under contract with, the chief executive of that department where the person would otherwise be in a residence established under section 364 of that Act; and

(b)

will receive education services appropriate to the person’s needs.

(3)

The Secretary may at any time revoke a certificate granted under subsection (1)—

(a)

on notification by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 that the person exempted has been released from a residence other than for a temporary period; or

(b)

if the Secretary is no longer satisfied that the person exempted meets the requirements of subsection (2); or

(c)

at the request of the chief executive of that department and if satisfied that an exemption from section 20 is no longer required.

(4)

A certificate under subsection (1) continues in force until revoked under this section.

Section 22A: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

23 Effect of exemption

For so long as a certificate under section 21 or section 22 continues in force—

(a)

the exempted person does not have to be enrolled at any school; and

(b)

no person has to have the exempted person enrolled at any school.

Section 23 compare note: repealed, on 20 May 2010, by section 12 of the Education Amendment Act 2010 (2010 No 25).

24 Penalty for failure to enrol

(1)

Where the parent of a person required by this Act to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at a registered school, the parent commits an offence, and is liable on conviction to a fine not exceeding $3,000.

(2)

The payment of a fine in respect of a conviction for an offence against subsection (1) is not a bar to proceedings for a further such offence.

Compare: 1964 No 135 s 116

Section 24(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 24(1): amended, on 17 December 2008, by section 4 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

25 Students required to enrol must attend school

(1)

Except as provided in this Act, every student of a registered school (other than a correspondence school) who is required by section 20 to be enrolled at a registered school shall attend the school whenever it is open.

(2)

Every board and every sponsor of a partnership school kura hourua shall take all reasonable steps to ensure that students who are required by subsection (1) to attend the school whenever it is open do so.

(3)

For the purposes of this section, a student attends a school on any day if, on the day,—

(a)

it has been open for instruction for 4 hours or more; and

(b)

the student has been present for 4 hours or more when it was open for instruction.

(4)

Nothing in subsections (1) to (3) applies to a participating student who is enrolled at a registered school for the purposes of the secondary component of his or her secondary-tertiary programme, but he or she must attend the school for any portion of the programme as notified by the provider group or lead provider under section 31J.

(5)

Nothing in subsections (1) to (3) applies to an affected student.

(6)

An affected student must attend school for the whole of the time period (or periods) each day during which the student’s timetable is running.

(7)

A board or a sponsor that is running a multiple timetable arrangement must take all reasonable steps to ensure that an affected student attends the school for the whole of the time period (or periods) each day during which the student’s timetable is running.

(8)

In this section,—

affected student means a student who is required to attend school in accordance with a multiple timetable arrangement

multiple timetable arrangement means an arrangement under which more than 1 timetable is run on the same day (whether consecutively or concurrently).

Compare: 1964 No 135 s 117

Section 25(2): amended, on 13 June 2013, by section 9(1) of the Education Amendment Act 2013 (2013 No 34).

Section 25(4): replaced, on 21 December 2010, by section 7 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 25(5): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(6): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(7): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(8): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

25A Release from tuition on religious or cultural grounds

(1)

A student aged 16 and above, or the parent of a student aged under 16, may ask the principal to release the student from tuition in a particular class or subject.

(1A)

A request under subsection (1) must be made in writing, and at least 24 hours before the start of the tuition.

(1B)

This section applies only to students enrolled at a State school that is not an integrated school.

(2)

Unless satisfied that—

(a)

the parent or student (as the case may be) has asked because of sincerely held religious or cultural views; and

(b)

the student will be adequately supervised (whether within or outside the school) during the tuition,—

the principal shall not release the student.

(3)

Upon receiving a request from a parent under subsection (1), the principal must, before agreeing to release the student, take all reasonable steps to find out the student’s views on the matter.

(4)

Subject to subsection (2), the principal shall release the student from the tuition and (if the student is to be supervised outside the school) let the student leave the school during the tuition unless satisfied, in the light of—

(a)

the student’s age, maturity, and ability to formulate and express views; and

(b)

any views the student has expressed,—

that it is inappropriate to do so.

(5)

Nothing in this section limits or affects section 79 of the Education Act 1964.

Section 25A: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 25A(1): replaced, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1A): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1B): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(2)(a): amended, on 25 October 2001, by section 10(2) of the Education Standards Act 2001 (2001 No 88).

Section 25A(3): replaced, on 25 October 2001, by section 10(3) of the Education Standards Act 2001 (2001 No 88).

25AA Release from tuition in specified parts of health curriculum

(1)

The parent of a student enrolled at any State school may ask the principal in writing to ensure that the student is excluded from tuition in specified parts of the health curriculum related to sexuality education and, on receipt of such a request, the principal must ensure that—

(a)

the student is excluded from the relevant tuition; and

(b)

the student is supervised during that tuition.

(2)

Nothing in subsection (1) requires a principal to ensure that a student who is to be excluded from tuition in specified parts of the health curriculum related to sexuality education is excluded at any other time while a teacher deals with a question raised by another student that relates to the specified part of the curriculum.

Section 25AA: inserted, on 25 October 2001, by section 11(1) of the Education Standards Act 2001 (2001 No 88).

25B Release from school

The principal of a State school—

(a)

may, if satisfied that—

(i)

a student will receive outside the school tuition acceptable to the principal; and

(ii)

releasing the student would not result in a contravention of section 25(2),—

release the student from attendance at the school, for a period or periods agreed with a parent of the student, to receive the tuition (and, where appropriate, travel between the school and the place where the tuition is to be given):

(b)

may, if satisfied that—

(i)

a student has, on any day on which the school was open for instruction, been present at the school for 4 hours or more; and

(ii)

there are good reasons for the student to leave before the school closes on that day,—

let the student leave early on that day.

Section 25B: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

26 Exemption from attendance

(1)

A designated officer (as defined in section 21(1)) may, by certificate given to a student’s parent, exempt the student (entirely or partly) from attending a school—

(a)

on the parent’s application; and

(b)

if satisfied that—

(i)

the student is under 10, and the walking distance between the student’s residence and the school is more than 3 kilometres; or

(ii)

the walking distance between the student’s residence and the school is more than 5 kilometres; or

(iii)

it is sensible to exempt the student for some other reason.

(2)

If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

(3)

The Secretary’s decision is final.

(4)

Subject to subsections (6) and (7), a certificate under subsection (1) shall specify the day on which it expires; and until it expires or is cancelled, the student’s parent is not subject to section 20 in respect of the student.

(5)

Every certificate under subsection (1) shall state the grounds on which it was granted.

(6)

No certificate granted under subsection (1)(b)(iii) shall specify an expiry day more than 7 school days after the day it is granted.

(7)

No other certificate under subsection (1) shall specify an expiry day more than 1 year after the day it is granted.

(8)

Where a certificate under subsection (1) expires, a designated officer may, subject to that subsection, issue another in its place.

(9)

The Secretary may at any time cancel a certificate under subsection (1).

Compare: 1964 No 135 s 118

27 Principal may exempt from attendance for short period

(1)

If satisfied that a student’s absence was or will be justified, the principal of the school may exempt the student from attending the school for a period of no more than 5 school days.

(2)

The parent of a student exempted under subsection (1) is not subject to section 25 in respect of the student for the period to which the exemption relates.

(3)

In the absence of evidence to the contrary, a certificate from the principal of a school that—

(a)

a student was absent from the school for any period; and

(b)

the principal is not satisfied that the absence was justified,—

is proof that the student was absent for that period without being exempted under subsection (1).

(4)

For the purposes of subsection (3), judicial notice shall be taken of the appointment and signature of every principal.

Compare: 1964 No 135 s 118(9)

28 Secretary may require parents of certain children to enrol them at correspondence school

(1)

The Secretary, by notice in writing to the parent of a student—

(a)

who has a certificate of exemption for the student under subparagraph (i) or subparagraph (ii) of section 26(1)(b); or

(b)

who has been directed under section 16(7)(c) to enrol the student at a correspondence school,—

may call on the parent to have the student enrolled at a correspondence school specified in the notice, and ensure that the student does the work of the course in which the student is enrolled.

(2)

Enrolment under subsection (1) shall be—

(a)

for the period of exemption, in the case of a student exempted under section 26(1)(b); and

(b)

until the student turns 16, or for a shorter period specified in the notice, in every other case.

(3)

A parent who fails to comply with a notice under subsection (1) to have a student enrolled at a correspondence school commits an offence, and is liable on conviction to a fine not exceeding the maximum fine provided for in section 24(1) (which relates to the failure to enrol at a registered school).

Compare: 1969 No 135 s 119

Section 28(2)(b): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 28(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

29 Penalty for irregular attendance

(1)

Every parent of a person who,—

(a)

while enrolled at a registered school, does not attend as provided in section 25; or

(b)

while enrolled at a correspondence school, does not do the work of the course in which the student is enrolled,—

commits an offence, and is liable on conviction to a fine not exceeding an amount calculated at the rate of $30 for every school day for which the offence has occurred.

(2)

Notwithstanding subsection (1), a fine imposed for an offence against that subsection shall not exceed $300 for a first offence against the subsection (or section 120(1) of the Education Act 1964), or $3,000 for a second or subsequent offence.

(3)

The imposition of a penalty under this section does not affect or restrict the operation of any provision of the Children, Young Persons, and Their Families Act 1989.

Compare: 1964 No 135ss 119(2), 120

Section 29(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 29(1): amended, on 20 May 2010, by section 13 of the Education Amendment Act 2010 (2010 No 25).

Section 29(1): amended, on 17 December 2008, by section 5(1) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 29(2): amended, on 17 December 2008, by section 5(2)(a) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 29(2): amended, on 17 December 2008, by section 5(2)(b) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

30 Employment of school-age children

(1)

No person shall employ any person who has not turned 16 at any time—

(a)

within school hours; or

(ab)

in the case of a person who is a student participating in a secondary-tertiary programme, when the employment interferes with the person’s ability to undertake the secondary-tertiary programme; or

(b)

in the case of a person enrolled at a correspondence school, when the employment interferes with the person’s ability to do the work of the course in which the student is enrolled; or

(c)

in the case of a person who has been granted a certificate of exemption under section 21, when the employment interferes with the person’s ability to be taught as well and regularly as in a registered school; or

(d)

if the employment then—

(i)

prevents or interferes with the person’s attendance at school; or

(ia)

in the case of a person who is a participating student, interferes with the person’s ability to undertake his or her secondary-tertiary programme; or

(ii)

in the case of a person enrolled at a correspondence school, interferes with the person’s ability to do the work of the course in which the person is enrolled,—

unless there has been produced to the employer a certificate of exemption, or other satisfactory evidence that the person is exempted (otherwise than under section 21(1)) from enrolment at any school.

(2)

Every person who—

(a)

being a parent of any other person, permits the other person to be employed contrary to subsection (1); or

(b)

employs any other person in contravention of the subsection,—

commits an offence, and is liable on conviction to a fine not exceeding $1,000.

Compare: 1964 No 135 ss 121, 122

Section 30(1): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 30(1)(ab): inserted, on 21 December 2010, by section 8(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(1)(d)(ia): inserted, on 21 December 2010, by section 8(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31 Ensuring attendance of students

(1)

Any board may appoint any person to be an attendance officer for the schools or institutions it administers.

(1A)

A sponsor of a partnership school kura hourua may appoint any person to be an attendance officer for the school.

(2)

A person may be appointed an attendance officer by 2 or more boards or sponsors, or a board and a sponsor jointly.

(3)

Every board shall, by any means it thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school or schools (or institution or institutions).

(3A)

Every sponsor must, by any means the sponsor thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school.

(4)

An attendance officer, on producing a distinctive badge or other evidence of appointment, or a constable may at any time detain any person who appears to have turned 5 and not to have turned 16, and who is not then at school, and question the person as to the person’s name and address, the school (if any) at which the person is enrolled and its address, and the reason for the person’s absence from school.

(5)

If not satisfied by the person’s answers that the person has a good reason for not being at school, the attendance officer or constable

(a)

may take the person to the person’s home, or to the school at which the officer thinks the person is enrolled.

(b)
[Repealed]

(6)

A person who, after an attendance officer has produced evidence of appointment, obstructs or interferes with the officer in the exercise of powers under this section, commits an offence, and is liable on conviction to a fine not exceeding $1,000.

(7)

Any attendance officer, a sponsor, a principal, the Secretary, or any person appointed by a board, a sponsor, or the Secretary for the purpose may file charging documents, conduct prosecutions, and take any other proceedings, under this Part.

(8)

A certificate sealed by a board showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity of, and validity of the affixing of, a board’s seal shall not in any proceedings under this Part be inquired into or disputed.

(8A)

A certificate signed on behalf of a sponsor showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity or authority of any signature on behalf of a sponsor may not in any proceedings under this Part of this Act be inquired into or disputed.

(9)

This section applies to a participating student only in relation to any portion of his or her secondary-tertiary programme during which he or she is required to attend school, as notified by the provider group or lead provider under section 31J.

(10)

This section applies to an affected student (within the meaning of section 25(8)) only in relation to the time period (or periods) each day during which his or her timetable is running.

Compare: 1964 No 135 s 123

Section 31(1A): inserted, on 13 June 2013, by section 10(1) of the Education Amendment Act 2013 (2013 No 34).

Section 31(2): amended, on 13 June 2013, by section 10(2) of the Education Amendment Act 2013 (2013 No 34).

Section 31(3A): inserted, on 13 June 2013, by section 10(3) of the Education Amendment Act 2013 (2013 No 34).

Section 31(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(4): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(5)(b): repealed, on 1 January 1992, by section 7 of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 13 June 2013, by section 10(4)(a) of the Education Amendment Act 2013 (2013 No 34).

Section 31(7): amended, on 13 June 2013, by section 10(4)(b) of the Education Amendment Act 2013 (2013 No 34).

Section 31(7): amended, on 17 December 2008, by section 6 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 31(8A): inserted, on 13 June 2013, by section 10(5) of the Education Amendment Act 2013 (2013 No 34).

Section 31(9): inserted, on 21 December 2010, by section 9 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31(10): inserted, on 13 June 2013, by section 10(6) of the Education Amendment Act 2013 (2013 No 34).

31A Nature of secondary-tertiary programme

A secondary-tertiary programme means a full-time programme for a participating student that—

(a)

consists of a secondary component and a tertiary component; and

(b)

is co-ordinated by a provider group or a lead provider.

Section 31A: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31B Provider group for secondary-tertiary programme

(1)

The Minister may, by notice in the Gazette, recognise as a provider group of secondary-tertiary programmes a group of organisations that consists of—

(a)

any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ia)

a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:

(ii)

a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school; and

(b)

any 1 or more of the following:

(i)

a government training establishment:

(ii)

an industry training organisation:

(iii)

an institution:

(iv)

a registered establishment.

(2)

Each member of a provider group is jointly and severally liable with the other members of the group in respect of the group’s obligations and responsibilities.

(3)

Each member of a provider group must take all reasonable steps to work in a co-operative manner with the other members of the group.

Section 31B: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31B(1)(a)(ia): inserted, on 13 June 2013, by section 11 of the Education Amendment Act 2013 (2013 No 34).

31C Secretary may enter into agreement with provider group

(1)

A provider group may co-ordinate a secondary-tertiary programme, if the provider group has entered into a written agreement with the Secretary in relation to the programme.

(2)

The matters that an agreement under subsection (1) may provide for, in relation to a secondary-tertiary programme, may include (without limitation) any 1 or more of the following:

(a)

its organisation and operation:

(b)

its curriculum, courses, and any qualification resulting from it:

(c)

selection of students to participate in it:

(d)

clarification of responsibility for the welfare and educational performance of participating students:

(e)

pastoral care and career guidance for participating students:

(f)

its funding, and the responsibility of specific members of the provider group in relation to that funding:

(g)

the maximum number of students that may participate in it.

(3)

The Secretary and the provider group may agree at any time to cancel or vary an agreement under subsection (1).

(4)

The Secretary or the provider group may cancel an agreement under subsection (1) by giving at least 6 months’ notice in writing to the provider group or the Secretary (as the case may be).

Section 31C: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31D Provider group plan for secondary-tertiary programme

(1)

A provider group must—

(a)

prepare and maintain a plan that contains short-term and long-term goals for each secondary-tertiary programme that it co-ordinates; and

(b)

provide the Secretary with a copy of the plan.

(2)

A provider group that alters any plan provided to the Secretary under subsection (1)(b) must provide the Secretary with a copy of the changed plan as soon as practicable.

Section 31D: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31E Report to Secretary by provider group

(1)

A provider group must report at least annually to the Secretary regarding its performance and progress.

(2)

The Secretary may, by notice in the Gazette, specify the format, or content, or both, required for reports that are to be made under subsection (1).

Section 31E: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31F Recognition as lead provider of secondary-tertiary programme

The Minister may, by notice in the Gazette, recognise as a lead provider of secondary-tertiary programmes any of the following:

(a)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ab)

a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:

(b)

a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school:

(c)

a government training establishment:

(d)

an industry training organisation:

(e)

an institution:

(f)

a registered establishment.

Section 31F: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31F(ab): inserted, on 13 June 2013, by section 12 of the Education Amendment Act 2013 (2013 No 34).

31G Lead provider to co-ordinate secondary-tertiary programme

(1)

A lead provider may co-ordinate a secondary-tertiary programme, if the lead provider has made an arrangement for the safety, welfare, and educational programmes of participating students that is—

(a)

agreed to by the Secretary; or

(b)

in a form approved by the Secretary.

(2)

Any of the following may provide a secondary component or a tertiary component of a secondary-tertiary programme, after making an arrangement as specified in subsection (1) with the lead provider of the programme:

(a)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ab)

a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:

(b)

the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

(c)

a government training establishment:

(d)

an institution:

(e)

a registered establishment:

(f)

an employer providing work experience under the programme.

(3)

The Secretary may withdraw his or her agreement under subsection (1)(a), or his or her approval under subsection (1)(b), by giving at least 6 months’ notice in writing to the lead provider.

Section 31G: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31G(2)(ab): inserted, on 13 June 2013, by section 13 of the Education Amendment Act 2013 (2013 No 34).

31H Government policies or priorities

(1)

The Minister may, by notice in the Gazette, publish government policies, or priorities, or both that apply in relation to any 1 or more of the following:

(a)

secondary-tertiary programmes:

(b)

provider groups, or specified types of provider groups:

(c)

lead providers, or specified types of lead providers.

(2)

The Minister may, by written notice to a provider group or lead provider, issue a government policy or priority that applies in relation to the group or provider.

(3)

A provider group or lead provider must take all reasonable steps to comply with any government policy or priority—

(a)

published under subsection (1); or

(b)

notified under subsection (2).

(4)

In this section, comply means to give effect to the government policy or priority or to have regard to the government policy or priority, as the context requires.

Section 31H: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31I Entry into secondary-tertiary programme

(1)

A student who is enrolled in any of the following may apply to a provider group or lead provider for his or her entry into a secondary-tertiary programme:

(a)

a secondary school:

(b)

a composite school:

(ba)

a partnership school kura hourua, other than a partnership school kura hourua that is only a primary partnership school kura hourua:

(c)

a school that is registered under section 35A, other than a school registered under that section only as a primary school:

(d)

a special school that is a relevant school within the meaning of section 246.

(2)

Approval for a student’s entry into a secondary-tertiary programme is at the discretion of the provider group or lead provider.

Section 31I: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31I(1)(ba): inserted, on 13 June 2013, by section 14 of the Education Amendment Act 2013 (2013 No 34).

31J Provider group or lead provider to notify student and parents about any school attendance requirement

The provider group or lead provider co-ordinating a participating student’s secondary-tertiary programme must take all reasonable steps to notify the student and his or her parents in writing about any portion of the programme during which the student’s participation in the programme requires his or her attendance at school.

Section 31J: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31K Withdrawal from secondary-tertiary programme

(1)

A participating student may withdraw from his or her secondary-tertiary programme at any time.

(2)

A provider group or lead provider (as the case may be) may withdraw its approval for a student’s participation in a secondary-tertiary programme after consulting with the student.

Section 31K: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31L International students and secondary-tertiary programmes

A provider group or lead provider must not approve the entry of an international student into a secondary-tertiary programme if to do so would result in the provider excluding from entry to the programme any domestic student who has applied for entry into the programme and is otherwise eligible to participate in the programme.

Section 31L: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31L heading: amended, on 30 August 2011, by section 14(1) of the Education Amendment Act 2011 (2011 No 66).

Section 31L: amended, on 30 August 2011, by section 14(2) of the Education Amendment Act 2011 (2011 No 66).

Section 31L: amended, on 30 August 2011, by section 14(3) of the Education Amendment Act 2011 (2011 No 66).

32 Hearings of proceedings may be private

If the District Court Judge concerned so orders, proceedings under this Part shall be held with closed doors.

Compare: 1964 No 135 s 124

33 Evidence of school roll, etc

(1)

In any proceedings under this Act, a certificate by a principal as to any of the following matters is, in the absence of proof to the contrary, proof of the matter stated:

(a)

the enrolment of a person:

(b)

the days on which a school was open during any period:

(c)

the days on which a student attended a school during any period:

(d)

a student’s age:

(e)

the name and address of a student’s parent.

(2)

Judicial notice shall be taken of the signature and appointment of a principal on a certificate under subsection (1).

Compare: 1964 No 135 s 125

34 Burden of proof on parents

In proceedings under this Part of this Act, the burden of proving any of the following matters in relation to a person is on the person’s parent:

(a)

the enrolment of the person at a school:

(b)

the person’s attendance at a school:

(c)

the person’s exemption from enrolment or attendance at a school.

Compare: 1964 No 135 s 126

35 Fines to be paid to boards

Every fine recovered under this Part shall be paid to the board on whose behalf the proceedings concerned were commenced.

Compare: 1964 No 135 s 127

Section 35: amended, on 20 May 2010, by section 14 of the Education Amendment Act 2010 (2010 No 25).

Registration of private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35A Provisional and full registration of private schools

(1)

The managers of an unregistered or proposed private school must apply to the Secretary, on a form provided by the Secretary for the purpose, for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.

(2)

The Secretary must provisionally register a school in respect of which an application is made under subsection (1) as a school of the description or descriptions concerned if he or she is satisfied that the school or proposed school meets or is likely to meet the criteria for registration as a private school.

(3)

Provisional registration of a school or proposed school continues—

(a)

for 12 months (unless it is revoked earlier); or

(b)

until the expiry of any period specified by the Secretary under subsection (4).

(4)

The Secretary may renew the provisional registration of a school only once, for a period specified by the Secretary, if he or she is satisfied that—

(a)

exceptional circumstances exist in relation to the school; and

(b)

the school is likely to meet the criteria for registration as a private school in that period.

(5)

The Secretary may request a further review, in addition to the review under section 35I(2), of a school that has its provisional registration renewed under subsection (4).

(6)

The Secretary must fully register a school as a school of the description or descriptions concerned if he or she is satisfied, having considered any report under section 35I(4) in relation to a review under section 35I(2) or (3) (as the case may be), that a provisionally registered school meets the criteria for registration as a private school.

Section 35A: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35AA Suspensions and expulsions of students from private schools to be notified to Secretary
[Repealed]

Section 35AA: repealed, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35B Secretary may require application for registration of school

The Secretary may require the managers of a school that is not registered under section 35A to apply for its registration under that section if he or she considers that the school is operating as a school, whether or not certificates of exemption under section 21 are held in respect of all or any of the students being taught there.

Section 35B: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Criteria for registration as private school

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35C Criteria for registration as private school

The criteria for registration as a private school under section 35A are that the school—

(a)

has premises that are suitable, as described in section 35D; and

(b)

usually provides tuition for 9 or more students who are of or over the age of 5 years but are under the age of 16 years; and

(c)

has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and

(d)

has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and

(e)

has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and

(f)

has suitable tuition standards, as described in section 35F; and

(g)

has managers who are fit and proper persons (as described in section 35G) to be managers of a private school.

Section 35C: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35D Suitable premises

(1)

Suitable premises for a school registered under section 35A are premises that are suitable for a school of its description and the number of students at the school.

(2)

Subsection (1) applies to all premises used by the school for the regular delivery of courses, whether or not the managers of the school own or lease the premises for the school.

Section 35D: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35E Additional and substituted premises to be approved

(1)

The managers of a school registered under section 35A must, in the circumstances set out in subsection (2), notify the Secretary and obtain his or her approval before using new premises for the regular delivery of courses.

(2)

The circumstances are that the managers of the school propose that the school is to occupy—

(a)

premises that are in addition to its current premises; or

(b)

different premises that are to replace the premises currently occupied by the school.

(3)

When considering whether to grant approval of premises under subsection (1), the Secretary must consider whether the premises are suitable, as described in section 35D.

Section 35E: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35F Tuition standards

(1)

Tuition of a suitable standard at a school registered under section 35A must include giving students tuition of a standard no lower than that of the tuition given to students enrolled at State schools of the same class levels.

(2)

In assessing the standard of tuition, the mode of curriculum delivery and the regularity of instruction must be considered.

Section 35F: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35G Managers to be fit and proper persons

(1)

In assessing whether a person who is a manager of a school is a fit and proper person to be a manager of a school registered under section 35A, the following matters must be taken into account:

(a)

any conviction for a serious criminal activity:

(b)

any health problems that may affect the person’s ability to comply with his or her obligations towards the school and its students:

(c)

any adjudication of bankruptcy under the Insolvency Act 2006 or the Insolvency Act 1967, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993:

(d)

any previous cancellation under this Act or section 186 of the Education Act 1964 of the registration of a school of which the person was a manager:

(e)

any serious breach of the person’s statutory duties as manager of a school registered under section 35A of this Act or section 186 of the Education Act 1964:

(f)

any conviction for an offence under section 35R:

(g)

all other relevant matters.

(2)

If the manager of a school is—

(a)

a company, the assessment under subsection (1) applies to its directors:

(b)

an incorporated society or an incorporated trust board, the assessment under subsection (1) applies to its members.

(3)

When the management of a school registered under section 35A changes in its entirety or is transferred to a new entity, the new managers must give notice to the Secretary and an assessment under subsection (1) must be made of the new managers of the school.

Section 35G: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Managers to advise Secretary of private school ceasing operation

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35H Managers must advise Secretary of school ceasing operation

The managers of a school registered under section 35A that is about to cease to operate as a school must inform the Secretary—

(a)

that the school will cease to operate as a school; and

(b)

of the date on which the school will cease to operate as a school.

Section 35H: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Review of private schools registered under section 35A

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35I Review of schools registered under section 35A

(1)

As soon as practicable after provisionally registering a school or proposed school under section 35A(2), the Secretary must inform the Chief Review Officer of the provisional registration.

(2)

The Chief Review Officer must ensure that a review officer reviews any school that is provisionally registered under section 35A(2) either—

(a)

between 6 and 12 months after the provisional registration of the school or proposed school; or

(b)

earlier, by agreement with its managers.

(3)

The Chief Review Officer must ensure that a review officer conducts a further review of a school that has had its provisional registration renewed under section 35A(4), when the further review is requested by the Secretary under section 35A(5).

(4)

The Chief Review Officer must ensure that a review officer who conducts a review under subsection (2) or (3) prepares a written report in relation to the review and gives copies of it to the Secretary and the school’s manager.

(5)

The Chief Review Officer must ensure that a school, while registered under section 35A(6), is reviewed in accordance with Part 28.

(6)

The Chief Review Officer must also ensure that the review officer who conducts a review under subsection (5)—

(a)

prepares a written report on the review; and

(b)

gives copies of it to the Secretary and the school’s principal (or other chief executive) and managers.

(7)

A review officer’s written report on a review under this section must also include—

(a)

information as to whether the school meets the criteria for registration as a private school; and

(b)

information as to the areas in which improvement is required, if it does not meet the criteria.

Section 35I: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Actions by Secretary in regard to schools registered under section 35A

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35J Secretary’s actions in regard to schools registered under section 35A

(1)

The Secretary may take action in regard to a school registered under section 35A if—

(a)

he or she considers that the school is not meeting all or any of the criteria for registration as a private school; or

(b)

a review conducted under section 35I indicates that the school does not, or is not likely to, meet all or any of the criteria for registration as a private school; or

(c)

the managers of the school have breached or are breaching their statutory duties in relation to the school under this or any other enactment; or

(d)

he or she has reasonable grounds to believe that serious criminal activity is occurring in the school.

(2)

If the Secretary is satisfied that any 1 or more of the grounds set out in subsection (1) exist in relation to a school registered under section 35A, he or she may do any 1 or more of the following:

(a)

issue the school’s managers with a notice to comply:

(b)

require the managers of a school to inform parents of the students at the school that the school is not meeting the criteria for registration as a private school:

(c)

impose conditions on the school’s registration:

(d)

impose a requirement or requirements under any 1 or more of paragraphs (a) to (c), and suspend the school’s registration:

(e)

cancel the school’s registration under section 35M.

(3)

Any action taken by the Secretary under subsection (2)—

(a)

must be proportionate to the seriousness of the school’s situation; and

(b)

is in addition to any fine incurred or other penalty imposed under section 35R or under any other enactment.

Section 35J: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35K Suspension of registration if welfare of students may be at risk

The Secretary may at any time suspend the registration of a school registered under section 35A if he or she has reasonable grounds to believe that the welfare of the students at the school is at risk, and—

(a)

that it is unlikely that the risk can be managed by any practicable means other than by suspension of the registration; or

(b)

that, although the risk could be managed by means other than by suspension of the registration, the amount of time necessary to do so is likely, in the opinion of the Secretary, to be excessive.

Section 35K: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35L Duration of suspension

(1)

Suspension under section 35J(2)(d) continues until the Secretary—

(a)

is satisfied that the managers of the school have complied with all requirements imposed by him or her under any of paragraphs (a) to (c) of section 35J(2); or

(b)

cancels the school’s registration under section 35M.

(2)

Suspension under section 35K continues until the Secretary—

(a)

is satisfied that the welfare of the students at the school is no longer at risk; or

(b)

cancels the school’s registration under section 35M, after taking action under section 35J(2).

Section 35L: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35M Process for cancellation of registration

(1)

The Secretary may cancel the registration of a school if, following an action by him or her taken under any of paragraphs (a) to (d) of section 35J(2),—

(a)

the school—

(i)

does not improve sufficiently to meet the criteria for registration under section 35A; and

(ii)

is not likely to do so, in the opinion of the Secretary, within a further reasonable time; or

(b)

the managers of the school are continuing in breach of their statutory duties in relation to the school; or

(c)

serious criminal activity continues to occur in the school.

(2)

Before cancelling a school’s registration under subsection (1), the Secretary must—

(a)

take reasonable steps to obtain and consider any relevant information, including any report by a review officer; and

(b)

give written notice to the managers of the school that he or she is considering cancelling the school’s registration, and give reasons; and

(c)

give the managers of the school a reasonable opportunity to respond to the notice.

Section 35M: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Grants for private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35N Grants for private schools

(1)

The Minister may make grants to the managers of schools registered under section 35A out of money appropriated by Parliament for the purpose.

(2)

The Minister must determine the amount of each grant made under subsection (1).

(3)

A grant may be made unconditionally, or subject to conditions determined by the Minister.

(4)

The managers of a school to which a grant is made subject to conditions must take all reasonable steps to ensure that the conditions are complied with.

Section 35N: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35O Record-keeping in relation to grants to private schools

(1)

The managers of a school to which a grant has been made unconditionally under section 35N must ensure that records are kept—

(a)

in respect of the year in which the grant was made and the year after; and

(b)

in a manner approved by the Minister.

(2)

The records must—

(a)

show fully and correctly all the managers’ financial transactions, assets, liabilities, and funds; and

(b)

be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.

(3)

The managers of a school to which a grant under section 35N has been made subject to conditions must ensure that all necessary records are kept—

(a)

in respect of the year in which the grant was made and the year after; and

(b)

in a manner approved by the Minister.

(4)

The records must—

(a)

show fully and fairly—

(i)

any of the managers’ financial transactions, assets, liabilities, and funds, that relate to or are or were affected by the making of the grants; and

(ii)

that the conditions have been complied with; and

(b)

be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.

(5)

For the purposes of this section and section 35P, the financial year of a school’s managers ends—

(a)

at the close of the day specified by the Minister for the purpose; or

(b)

at the close of 30 June, if the Minister has not specified a day for the purpose.

Section 35O: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35P Providing accounts to Secretary

As soon as practicable after the end of each financial year during which a school’s managers are required by section 35O to keep records, they must—

(a)

have prepared an income and expenditure account, showing all financial transactions for the year records of which are required to be kept; and

(b)

have the account audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013); and

(c)

give the Secretary copies of the account and the audit report on it.

Section 35P: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35P(b): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).

Suspensions and expulsions from private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35Q Suspensions and expulsions of students from private schools to be notified to Secretary

(1)

Immediately after a student has been suspended from attendance at, or expelled from, a school registered under section 35A, the school’s principal or head teacher must give the Secretary—

(a)

written notice of—

(i)

the student’s name and last known address; and

(ii)

the day on which the student was suspended or expelled or, if the student was first suspended and later expelled, the days on which the student was suspended and expelled, and the length of the suspension; and

(b)

a written statement of the reasons for the student’s suspension or expulsion.

(2)

Unless the student is within a reasonable time reinstated at the school or enrolled at some other registered school, the Secretary must (if the student is younger than 16) and may (if the student is 16 or older)—

(a)

arrange for the student to be enrolled at some other reasonably convenient registered school that the student can attend; or

(b)

direct the board of a State school that is not an integrated school to enrol the student at the school; and, in that case, the board must do so; or

(c)

direct a parent of the student to have the student enrolled at a correspondence school.

(3)

The Secretary must not give a direction under subsection (2) unless he or she has also made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(4)

A direction under subsection (2)(b) overrides section 11M.

(5)

To the extent that there is any inconsistency between this section and a contract of enrolment at the school, this section prevails.

Section 35Q: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Offences in relation to private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35R Offences in relation to operation of private schools

(1)

A manager of a private school that is not registered under section 35A commits an offence if it operates as a school.

(2)

A manager of a private school that is registered under section 35A as a school of a particular description or descriptions commits an offence if the school operates as a school of another description or of other descriptions.

(3)

The managers of a private school that is registered under section 35A commit an offence if the school ceases to operate before the managers tell the Secretary that it will cease to operate.

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.

Section 35R: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35R(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 4 Specialist Education Services Board

[Repealed]

Part 4: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

36 Interpretation
[Repealed]

Section 36: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

37 Board continued for purposes of this Part
[Repealed]

Section 37: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

38 Membership of Board
[Repealed]

Section 38: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

39 Function of Board
[Repealed]

Section 39: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

40 Board responsible to Minister
[Repealed]

Section 40: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

41 Powers of Board
[Repealed]

Section 41: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

Part 5 Early Childhood Development Board

[Repealed]

Part 5: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

42 Interpretation
[Repealed]

Section 42: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

43 Board continued for purposes of this Part
[Repealed]

Section 43: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

44 Membership of Board
[Repealed]

Section 44: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

45 Function of Board
[Repealed]

Section 45: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

46 Board responsible to Minister
[Repealed]

Section 46: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

47 Powers of Board
[Repealed]

Section 47: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

Part 6 Parent Advocacy Council

[Repealed]

Part 6: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

48 Interpretation
[Repealed]

Section 48: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

49 Parent Advocacy Council
[Repealed]

Section 49: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

50 Membership of Council
[Repealed]

Section 50: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

51 Criteria for appointing members
[Repealed]

Section 51: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

52 Function of Council
[Repealed]

Section 52: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

53 Council may refuse to act in certain cases
[Repealed]

Section 53: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

54 Powers of Council
[Repealed]

Section 54: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

55 Procedure where Council takes matter up
[Repealed]

Section 55: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

56 Council may decide not to proceed with matter
[Repealed]

Section 56: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

57 Council to give reasons
[Repealed]

Section 57: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

58 Procedure where matter deserves action
[Repealed]

Section 58: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

59 Power to obtain information
[Repealed]

Section 59: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

Part 7 Control and management of State schools

60 Interpretation

In this Part, Part 7A, and Part 8, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9; and

(a)

in relation to a school, means the school’s board; and

(b)

in relation to a principal, means the board of the principal’s school

board staff means board staff within the meaning of section 92

charter means a charter of aims, purposes, and objectives that has been approved for a school under this Part; and, in relation to a school, means the school’s charter (or, where it has no charter in fact, the charter it is deemed by section 61(12) to have)

Chief Review Officer means the chief executive of the Education Review Office

domestic student has the same meaning as in section 2(1)

international student has the same meaning as in section 2(1)

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

national education guidelines means all the national education goals, foundation curriculum policy statements, national curriculum statements, national standards, and national administration guidelines, for the time being in force under section 60A

parent means a parent within the meaning of section 92

review officer means an employee of the Education Review Office

school means a State school within the meaning of section 2

Secretary means the chief executive of the Ministry

Teachers Council means the New Zealand Teachers Council established under Part 10A

unsupervised access to students, in relation to a school, means access to any student on the school’s premises that is not access by, or supervised by, or otherwise observed by, or able to be directed (if necessary) by, any 1 or more of the following:

(a)

a registered teacher or holder of a limited authority to teach:

(b)

an employee of the school on whom a satisfactory Police vet has been conducted within the last 3 years:

(c)

a parent of the student.

Section 60: amended, on 20 May 2010, by section 16(1) of the Education Amendment Act 2010 (2010 No 25).

Section 60 assisted student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 board paragraph (a): amended, on 20 May 2010, by section 16(2) of the Education Amendment Act 2010 (2010 No 25).

Section 60 Chief Review Officer: inserted, on 23 July 1990, by section 15 of the Education Amendment Act 1990 (1990 No 60).

Section 60 domestic student: replaced, on 30 August 2011, by section 15(2) of the Education Amendment Act 2011 (2011 No 66).

Section 60 exempt student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 foreign student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 international student: inserted, on 30 August 2011, by section 15(2) of the Education Amendment Act 2011 (2011 No 66).

Section 60 Minister: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 Ministry: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 national curriculum objective: repealed, on 1 January 1992, by section 9(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 national education guidelines: replaced, on 1 January 1992, by section 9(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 national education guidelines: amended, on 17 December 2008, by section 7 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 60 national education guidelines: amended, on 19 December 1998, by section 18 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 60 review officer: inserted, on 23 July 1990, by section 15 of the Education Amendment Act 1990 (1990 No 60).

Section 60 Secretary: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 Teachers Council: inserted, on 20 May 2010, by section 16(5) of the Education Amendment Act 2010 (2010 No 25).

Section 60 unsupervised access to students: inserted, on 20 May 2010, by section 16(5) of the Education Amendment Act 2010 (2010 No 25).

60A National education guidelines

(1)

The Minister may from time to time, by notice in the Gazette, publish (in their entirety, or by way of a general description and an indication of where the full text can be obtained) all or any of the following:

(a)

national education goals, which are—

(i)

statements of desirable achievements by the school system, or by an element of the school system; and

(ii)

statements of government policy objectives for the school system:

(aa)

foundation curriculum policy statements, which are statements of policy concerning teaching, learning, and assessment that are made for the purposes of underpinning and giving direction to—

(i)

the way in which curriculum and assessment responsibilities are to be managed in schools:

(ii)

national curriculum statements and locally developed curriculum:

(b)

national curriculum statements (that is to say statements of—

(i)

the areas of knowledge and understanding to be covered by students; and

(ii)

the skills to be developed by students; and

(iii)

desirable levels of knowledge, understanding, and skill, to be achieved by students,—

during the years of schooling):

(ba)

national standards, which are standards, in regard to matters such as literacy and numeracy, that are applicable to all students of a particular age or in a particular year of schooling:

(c)

national administration guidelines, which are guidelines relating to school administration and which may (without limitation)—

(i)

set out statements of desirable codes or principles of conduct or administration for specified kinds or descriptions of person or body, including guidelines for the purpose of section 61:

(ii)

set out requirements relating to planning and reporting including—

(A)

scope and content areas, where appropriate:

(B)

the timeframe for the annual update of the school charter:

(C)

broad requirements relating to schools’ consultation with parents, staff, school proprietors (in the case of integrated schools) and school communities, and the broad requirements to ensure that boards take all reasonable steps to discover and consider the views and concerns of Maori communities living in the geographical area the school serves, in the development of a school charter:

(D)

variations from the framework for school planning and reporting for certain schools or classes of schools, based on school performance:

(iii)

communicate the Government’s policy objectives:

(iv)

set out transitional provisions for the purposes of national administration guidelines.

(2)

Without limiting the generality of subsection (1), a notice relating to a national curriculum statement may—

(a)

specify different commencement dates for different provisions or different purposes, which dates may differ according to the class or designation of a school, the group or year level of students attending a school, or any combination of such classes, designations, groups, or levels:

(b)

specify a transitional period during which a board may elect to comply with an existing curriculum statement or the new curriculum statement, and specify a date on which a board must begin complying with the new curriculum statement:

(c)

revoke any curriculum statement issued under this section, and revoke any corresponding statement (such as a syllabus) issued in the form of a notice and having effect under the Education Act 1964.

Section 60A: inserted, on 1 January 1992, by section 9(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60A(1): amended, on 25 June 1993, by section 7 of the Education Amendment Act 1993 (1993 No 51).

Section 60A(1)(a): replaced, on 25 October 2001, by section 12(1) of the Education Standards Act 2001 (2001 No 88).

Section 60A(1)(aa): inserted, on 19 December 1998, by section 19(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 60A(1)(ba): inserted, on 17 December 2008, by section 8 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 60A(1)(c): replaced, on 25 October 2001, by section 12(2) of the Education Standards Act 2001 (2001 No 88).

Section 60A(1)(c)(i): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).

Section 60A(2): inserted, on 19 December 1998, by section 19(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

60B Consultation about treatment of health curriculum

(1)

The board of every State school must, at least once in every 2 years, and after consultation with the school community, adopt a statement on the delivery of the health curriculum.

(2)

In this section,—

school community means,—

(a)

in the case of an integrated school, the parents of students enrolled at the school, and the school’s proprietors:

(b)

in the case of any other State school, the parents of students enrolled at the school:

(c)

in every case, any other person whom the board considers is part of the school community for the purpose of this section

statement on the delivery of the health curriculum means a written statement of how the school will implement the health education components of the relevant national curriculum statements.

(3)

The purpose of the consultation required by subsection (1) is to—

(a)

inform the school community about the content of the health curriculum; and

(b)

ascertain the wishes of the school community regarding the way in which the health curriculum should be implemented, given the views, beliefs, and customs of the members of that community; and

(c)

determine, in broad terms, the health education needs of the students at the school.

(4)

A board may adopt any method of consultation that it considers will best achieve the purpose set out in subsection (3), but it may not adopt a statement on the delivery of the health curriculum until it has—

(a)

prepared the statement in draft; and

(b)

given members of the school community an adequate opportunity to comment on the draft statement; and

(c)

considered any comments received.

Section 60B: inserted, on 25 October 2001, by section 13(1) of the Education Standards Act 2001 (2001 No 88).

61 School charter

(1)

Every board must, for each school it administers, prepare and maintain a school charter.

(2)

The purpose of a school charter is to establish the mission, aims, objectives, directions, and targets of the board that will give effect to the Government’s national education guidelines and the board’s priorities, and provide a base against which the board’s actual performance can later be assessed.

(3)

A school charter must contain the following sections:

(a)

a section that includes—

(i)

the aim of developing, for the school, policies and practices that reflect New Zealand’s cultural diversity and the unique position of the Maori culture; and

(ii)

the aim of ensuring that all reasonable steps are taken to provide instruction in tikanga Maori (Maori culture) and te reo Maori (the Maori language) for full-time students whose parents ask for it:

(b)

a long-term strategic planning section that—

(i)

establishes the board’s aims and purposes; and

(ii)

establishes for the next 3 to 5 years the board’s aims, objectives, directions, and priorities for intended student outcomes, the school’s performance, and use of resources; and

(iii)

includes any aims or objectives that designate the school’s special characteristics or its special character (within the meaning of this Act):

(c)

an annually updated section that—

(i)

establishes for the relevant year the board’s aims, directions, objectives, priorities, and targets relating to intended student outcomes, the school’s performance, and use of resources; and

(ii)

sets targets for the key activities and achievement of objectives for the year.

(4)

A school charter must include the board’s aims, objectives, directions, priorities, and targets in the following categories:

(a)

student achievement, including the assessment of students against any national standard published under section 60A(1)(ba):

(b)

the board’s activities aimed at meeting both general government policy objectives for all schools, being policy objectives set out or referred to in national education guidelines, and specific policy objectives applying to that school:

(c)

the management of the school’s and board’s capability, resources, assets, and liabilities, including its human resources, finances, property, and other ownership matters:

(d)

other matters of interest to the public that the Minister may determine.

(5)

A school charter must—

(a)

contain all annual or long-term plans the board is required to have or has prepared for its own purposes; or

(b)

contain a summary of each plan or a reference to it.

Section 61: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 61(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 61(4)(a): amended, on 17 December 2008, by section 9 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

62 Procedural requirements of preparing or updating school charter

(1)

The board must provide the Secretary with a copy of its first school charter and every updated or amended school charter.

(2)

A school charter must be prepared and updated annually in accordance with national administration guidelines.

(3)

A board must amend its school charter as soon as practicable after it becomes aware of any information contained in the charter that is false or misleading in a material particular.

Section 62: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 62(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 62(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 62(3): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

63 Effect of school charter

A school charter has effect as an undertaking by the board to the Minister to take all reasonable steps (not inconsistent with any enactment, or the general law of New Zealand) to ensure that—

(a)

the school is managed, organised, conducted, and administered for the purposes set out in the school charter; and

(b)

the school, and its students and community, achieve the aims and objectives set out in the school charter.

Section 63: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 63(a): amended, on 17 May 2006, by section 6 of the Education Amendment Act 2006 (2006 No 19).

63A When school charter or updated charter takes effect

(1)

When the Secretary receives a school charter or updated school charter, the Secretary must consider whether the charter has been developed or updated in accordance with the requirements of this Act and the national administration guidelines.

(2)

Unless it takes effect on a different date under subsection (5), a new or updated school charter takes effect on the 25th working day after the date that the Secretary receives it.

(3)

If, before the first or updated school charter takes effect, the Secretary determines that it was not developed or updated in accordance with the Act or is inconsistent with the Act or the national administration guidelines, the Secretary must notify the board of the matters in the school charter to be resolved.

(4)

The Secretary must then negotiate with the board to resolve the matters concerned and, if the board and the Secretary are unable to reach agreement about the content of the school charter or updated school charter, the Secretary may require the board to amend the charter or updated charter.

(5)

If the Secretary issues a notice under subsection (3), the school charter or updated charter takes effect—

(a)

on the date agreed by the Secretary and the board; or

(b)

on the date the Secretary determines to be the commencement date for his or her amendments.

Section 63A: inserted, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

63B Board must make copies of school charter available

Once a school charter or updated school charter takes effect, the board must make the charter available.

Section 63B: inserted, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

64 Effect of charter
[Repealed]

Section 64: repealed, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

64A Secretary may require board to get specialist support
[Repealed]

Section 64A: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).

65 Staff

Subject to Part 8A and section 120A, a board may from time to time, in accordance with the State Sector Act 1988, appoint, suspend, or dismiss staff.

Section 65: replaced, on 1 January 1997, by section 2 of the Education Amendment Act 1996 (1996 No 98).

65A Length of school year

(1)

The Minister may, before 1 July in any year, prescribe the number of half-days on which schools must be open during the next year; and different numbers may be prescribed for schools of different classes or descriptions.

(2)

Except as provided in this Act, every board shall ensure that each school it administers is in every year open for instruction on the number of half-days required under subsection (1).

(2A)

If, because of a strike or lockout, a school is not open for instruction on any half-day, the school is, for the purposes of subsection (2), deemed to be open for instruction on that half-day.

(3)

Where the Minister has not in fact prescribed for a school a number under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the number prescribed (or deemed under this subsection to have been prescribed) for the school for the year before.

Section 65A: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65A(2): amended, on 20 May 2010, by section 17 of the Education Amendment Act 2010 (2010 No 25).

Section 65A(2A): inserted, on 6 April 2004, by section 6 of the State Sector Amendment Act 2004 (2004 No 15).

65B Terms

(1)

The Minister may, before 1 July in any year, prescribe (by reference to specific dates, specified days, the number of half-days prescribed under section 65A, or any 2 or more of those means)—

(a)

the terms that schools must observe during the next year; or

(b)

a means for ascertaining or determining those terms.

(2)

Except as provided in this Act, every board shall ensure that the schools it administers are in every year open for instruction on every day during the terms prescribed, ascertained, or determined for the year under subsection (1).

(3)

For the purposes of section 65A and subsection (2)—

(a)

on any day, a school is open for instruction for a half-day only, if—

(i)

it is in fact open for instruction for 2 hours or more before noon; but is not in fact open for instruction for 2 hours or more after noon; or

(ii)

it is in fact open for instruction for 2 hours or more after noon; but is not in fact open for instruction for 2 hours or more before noon; and

(b)

on any day, a school is not open for instruction at all if it is not in fact open for instruction for 2 hours or more before noon and for 2 hours or more after noon.

(4)

Where the Minister has not in fact prescribed terms, or a means of ascertaining or determining them, under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the terms or means prescribed (or deemed under this subsection to have been prescribed) in respect of the year before.

Section 65B: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65B(1): amended, on 20 May 2010, by section 18 of the Education Amendment Act 2010 (2010 No 25).

Section 65B(3)(a)(i): amended, on 25 June 1993, by section 8(1) of the Education Amendment Act 1993 (1993 No 51).

Section 65B(3)(a)(ii): amended, on 25 June 1993, by section 8(1) of the Education Amendment Act 1993 (1993 No 51).

Section 65B(3)(b): amended, on 25 June 1993, by section 8(1) of the Education Amendment Act 1993 (1993 No 51).

65C Holidays

(1)

Subject to subsection (2), every board must ensure that every school it administers is closed on—

(a)

Saturdays, Sundays, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Sovereign’s birthday, Labour Day, Christmas Day, Boxing Day; and

(b)

the day observed as anniversary day in the locality in which the school is situated; and

(c)

if 1 January falls on a Friday, the following Monday; and

(d)

if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

(2)

The Minister may at any time prescribe the circumstances in which boards may open the schools they administer or any of them on Saturdays or Sundays; and schools may be open accordingly.

(3)

The Minister may, before 1 July in any year, prescribe days during the next year (in addition to those specified in subsection (1)) on which boards may close the schools they administer, or any of them; and, subject to section 65A, schools may be closed accordingly.

(4)

Where the Minister has not in fact prescribed days under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the days prescribed (or deemed under this subsection to have been prescribed) in respect of the year before.

(5)

The Minister may at any time prescribe the circumstances in which boards may close the schools they administer or any of them; and, subject to section 65A, schools may be closed accordingly.

Section 65C: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65C(1): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

65D Exceptions in particular cases

(1)

The Minister may authorise a board to open any specified school it administers for fewer half-days in any year than required by section 65A(2); and schools may be closed accordingly.

(2)

The Minister may authorise a board to open and close any specified school it administers in accordance with terms and holidays (specified by the Minister) that differ from those otherwise required by this Act to be observed; and, subject to any terms and conditions specified by the Minister when giving the authority, schools may be open and closed accordingly.

(3)

The Minister may authorise a board to apply a meaning of half-day that differs from the meaning it has in section 65B(3), if the Minister is satisfied that—

(a)

the board has adequately consulted parents, staff, and the local community about the proposal and it is generally acceptable; and

(b)

the adoption of the proposal will not result in the students of the school spending less time in school than other students in comparable schools; and

(c)

the Minister considers that such a variation is appropriate in the circumstances.

(4)

An authorisation under subsection (3) must be given either unconditionally or subject to such conditions as the Minister considers appropriate.

(5)

A student enrolled at a State school must comply with section 25 even if the school’s board varies the meaning of half-day under subsection (3).

(6)

Subsection (3) overrides the provisions in section 77 of the Education Act 1964 concerning the times at which State primary schools are to be kept open.

Section 65D: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65D(3): inserted, on 19 December 1998, by section 21 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 65D(3): amended, on 20 May 2010, by section 19 of the Education Amendment Act 2010 (2010 No 25).

Section 65D(4): inserted, on 19 December 1998, by section 21 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 65D(5): inserted, on 19 December 1998, by section 21 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 65D(5): amended, on 20 May 2010, by section 19 of the Education Amendment Act 2010 (2010 No 25).

Section 65D(6): inserted, on 19 December 1998, by section 21 of the Education Amendment Act (No 2) 1998 (1998 No 118).

65DA Multiple timetable arrangements

(1)

The Minister may authorise a board to run a multiple timetable arrangement for a specified period at a specified school if—

(a)

the Minister is satisfied that the board has adequately consulted parents, staff, and the local community about the proposed multiple timetable arrangement; and

(b)

the Minister considers that the proposed multiple timetable arrangement is appropriate in the circumstances.

(2)

An authorisation under subsection (1) must be given either unconditionally or subject to any conditions that the Minister considers appropriate.

(3)

A board must take all reasonable steps to notify every affected student and his or her parents in writing of—

(a)

a multiple timetable arrangement authorised under subsection (1); and

(b)

the time periods for each day during which the affected student’s timetable will run.

(4)

In this section, affected student and multiple timetable arrangement have the meanings given by section 25(8).

Section 65DA: inserted, on 13 June 2013, by section 15 of the Education Amendment Act 2013 (2013 No 34).

65E Emergencies

(1)

Notwithstanding anything in this Part, a board may at any time, because of epidemic, flood, fire, or other emergency, close a school it administers.

(2)

If satisfied that the closure for instruction of any school during any period during which it was otherwise required by this Part to be open was necessary because of epidemic, flood, fire, or other emergency, the Secretary may, by written notice to the board, reduce the number of half-days for which the school would otherwise be required by section 65A to be open for instruction; and the school may be open and closed for instruction accordingly.

Section 65E: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

65F Application of provisions

(1)

The powers conferred on the Minister by sections 65A to 65E may be exercised in respect of all schools, schools of a particular class or description, or specified schools.

(2)

Sections 65A to 65E shall have effect as if special schools, special classes, special clinics, and special services are State schools.

Section 65F: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

65G Minister to act by means of instructions

(1)

Except as provided in subsection (2), the powers of the Minister under sections 65A to 65F shall be exercised only by written instruction signed by the Minister.

(2)

The Minister may delegate to the Secretary the Minister’s powers under section 65D(2); but if the Minister does so—

(a)

the Secretary shall exercise the powers in respect of individual schools only; and

(b)

the delegation shall not limit or affect the exercise of the powers by the Minister.

Section 65G: replaced, on 1 January 1992, by section 11 of the Education Amendment Act (No 4) 1991 (1991 No 136).

65H Application of Crown Entities Act 2004

(1)

Every board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(2)

However, that Act applies to boards only to the extent that subsection (3) provides.

(3)

The provisions of that Act set out in Schedule 3 of that Act and Schedule 5A of this Act apply to boards and their Crown entity subsidiaries (within the meaning of that Act).

(4)

The trustees are the governing board for the purposes of those provisions of the Crown Entities Act 2004.

Section 65H: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

66 Delegations

(1)

The governing board of a board may delegate any of the functions or powers of the board or the governing board, either generally or specifically, to any of the following persons by resolution and written notice to the person or persons:

(a)

a trustee or trustees:

(b)

the principal or any other employee or employees, or office holder or holders, of the board:

(c)

a committee consisting of at least 2 persons, at least 1 of whom is a trustee:

(d)

any other person or persons approved by the board’s responsible Minister:

(e)

any class of persons comprised of any of the persons listed in paragraphs (a) to (d).

(2)

Subsection (1) does not apply to any functions or powers specified in this Act as not being capable of delegation.

(3)

The governing board must not delegate the general power of delegation.

(4)

A delegate to whom any functions or powers of a board or governing board are delegated may,—

(a)

unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the board or the governing board; and

(b)

delegate the function or power only—

(i)

with the prior written consent of the governing board; and

(ii)

subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

(5)

A delegate who purports to perform a function or exercise a power under a delegation—

(a)

is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and

(b)

must produce evidence of his or her authority to do so, if reasonably requested to do so.

(6)

No delegation in accordance with this Act—

(a)

affects or prevents the performance of any function or the exercise of any power by the board or the governing board; or

(b)

affects the responsibility of the governing board for the actions of any delegate acting under the delegation; or

(c)

is affected by any change in the membership of the governing board or of any committee or class of persons.

(7)

A delegation may be revoked at will by—

(a)

resolution of the governing board and written notice to the delegate; or

(b)

any other method provided for in the delegation.

(8)

A delegation under subsection (4)(b) may be revoked at will by written notice of the delegate to the subdelegate.

(9)

The governing board may, by resolution, appoint committees—

(a)

to advise it on any matters relating to the board’s functions and powers that are referred to the committee by the governing board; or

(b)

to perform or exercise any of the board’s functions and powers that are delegated to the committee.

(10)

A person must not be appointed as a member of a committee unless, before appointment, he or she discloses to the governing board the details of any financial interest that would disqualify the person from being a member of the committee under section 103A.

(11)

This section applies to each member of a committee who is not a trustee with necessary modifications.

(12)

Until revoked, a delegation to a committee continues in force, even if the membership of the board or committee changes.

Section 66: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 66(8): amended, on 17 May 2006, by section 7 of the Education Amendment Act 2006 (2006 No 19).

66A No delegation of power to borrow

The governing board of a board must not delegate any power to borrow money that it may have under section 160 or section 162 of the Crown Entities Act 2004.

Section 66A: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

66B Application of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules

(1)

The amendments made to sections 67 to 67B and 73 by Schedule 6 of the Crown Entities Act 2004 (being amendments that correspond with sections 160 to 164 of that Act) apply on and after 1 April 2005.

(2)

Until that date, the existing law applies (see the transitional provisions in sections 196 and 197 of the Crown Entities Act 2004).

Section 66B: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

67 Restrictions on borrowing

(1)

Sections 160 and 162 of the Crown Entities Act 2004 apply.

(2)

Therefore, a board must not borrow from any person, or amend the terms of any borrowing, other than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Section 67: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

67A Restrictions on giving of guarantees and indemnities

(1)

Sections 160 and 163 of the Crown Entities Act 2004 apply.

(2)

Therefore, a board must not, with or without security, give a guarantee to, or indemnify, another person other than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Section 67A: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

67B Restrictions on use of derivatives

(1)

Sections 160 and 164 of the Crown Entities Act 2004 apply.

(2)

Therefore, a board must not enter into an agreement constituting a derivative, or amend the terms of that agreement, other than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Section 67B: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 67B(2): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

68 Gifts

(1)

Any money or property that is gifted to a school may be accepted or disclaimed by the board in accordance with section 167 of the Crown Entities Act 2004.

(1A)

A limitation in this Act or that applies under the Crown Entities Act 2004 (such as a limitation on the form in which property may be held) does not apply during a period that is reasonable in the circumstances.

(1B)

Subsections (1) and (1A) apply to any gift that is received by the board for funding scholarships or bursaries, or for other educational purposes in connection with a school.

(2)

A board shall hold every such gift for the specific purpose declared by the giver.

(3)

Unless the giver has created a special trust, scholarships and bursaries from a gift shall be open to every student at the school.

(4)

If the school for which a gift was given closes, the Minister shall direct that the gift should apply to some other school.

Compare: 1964 No 135 s 191

Section 68 heading: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 68(1): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 68(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 68(1B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

69 Real property

Except as provided in section 68, a board shall not acquire an interest in land, or any licence to occupy any land or premises, without the consent of the Minister.

70 Occupancy of property and buildings

(1)

The Secretary may from time to time, by notice in the Gazette, specify terms and conditions applying generally to land and buildings occupied by boards, and may from time to time, by written notice to a particular board, specify terms and conditions applying to land and buildings occupied by that board.

(1A)

A notice under subsection (1)—

(a)

may apply to any land and buildings occupied by a board (regardless of who owns the property); but

(b)

to the extent that it applies to the board of an integrated school, is subject to the Private Schools Conditional Integration Act 1975 and to the integration agreement for the time being in force between the Minister and the proprietors of the school.

(2)

Terms and conditions under subsection (1) may include such matters as standards of maintenance, standards of capital works, and minimum safety and health requirements.

(3)

Subsection (2) does not limit the generality of subsection (1).

(4)

Terms and conditions may be specified under subsection (1) in respect of a particular school or institution or schools or institutions, schools or institutions of particular classes or descriptions, or all schools and institutions.

(5)

A notice published in the Gazette under subsection (1) may publish the terms and conditions in their entirety, or by way of a general description and an indication of where the full text can be obtained.

(6)

Terms and conditions specified under subsection (1) apply to boards or a board (as the case may be) as if—

(a)

the land and buildings were owned by the Crown and the Crown has leased them to the board; and

(b)

the terms and conditions were part of the lease; and

(c)

the Crown had empowered the Secretary to exercise the Crown’s powers concerning the lease.

Section 70 heading: replaced, on 19 December 1998, by section 22 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 70(1): replaced, on 19 December 1998, by section 22(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 70(1A): inserted, on 19 December 1998, by section 22(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 70(5): replaced, on 19 December 1998, by section 22(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 70(6): inserted, on 19 December 1998, by section 22(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

70A Minister may declare land to be no longer needed for educational purposes

(1)

The Minister may, by notice in the Gazette, declare any land of the Crown to be no longer needed for educational purposes.

(2)

On publication of a notice under subsection (1), any land referred to in the notice that was, immediately before publication of the notice, held for a purpose set out in subsection (3), ceases to be so held and may be disposed of as land no longer required for a public work.

(3)

Subsection (2) applies to land held—

(a)

for education or educational purposes; or

(b)

for, or for the purposes of, a school or other educational institution (whether or not any particular school or institution); or

(c)

for any purpose related to or connected with a school or other educational institution (whether or not any particular school or institution); or

(d)

for any similar purpose.

Compare: 1949 No 24 s 5A

Section 70A: inserted, on 17 May 2006, by section 8(1) of the Education Amendment Act 2006 (2006 No 19).

70B Leases and licences granted by boards

(1)

A board may, with the written consent of the Secretary, grant a lease or a licence to occupy to any person in respect of any land, buildings, or facilities occupied by the board.

(2)

The Secretary may agree to the grant of a lease or a licence by the board only if satisfied that—

(a)

the land, building, or facilities are not needed or used for the purposes of the school during the time covered by the lease or licence; and

(b)

the lease or licence is in the public interest; and

(c)

the lease or licence—

(i)

is for a purpose associated with educational outcomes and will bring educational benefit to the school or its community, or to any other school; or

(ii)

is for a community purpose, and will bring no educational disadvantage to the school.

(3)

The Secretary must determine the terms and conditions of any lease or licence granted by a board, and may do so by either or both of the following:

(a)

by notice in the Gazette specifying general terms and conditions that apply to all, or specified classes of, leases or licences:

(b)

by written notice to the board.

(4)

Section 70(5) applies to a Gazette notice under subsection (3)(a).

(5)

In relation to an integrated school, this section applies subject to the Private Schools Conditional Integration Act 1975 and to any integration agreement in force between the Minister and the proprietors of the school.

Compare: 1949 No 24 ss 6, 6A

Section 70B: inserted, on 17 May 2006, by section 8(1) of the Education Amendment Act 2006 (2006 No 19).

70C Other agreements to occupy school land or buildings

(1)

In this section, agreement means an agreement, other than a lease or a licence to occupy under section 70B, between a board and any other person for the use of land, buildings, or facilities occupied by the board.

(2)

A board may not enter into an agreement unless—

(a)

the agreement is of a type permitted by Gazette notice under subsection (5); and

(b)

the agreement is consistent with this section and any conditions set out in Gazette notices made under subsection (5).

(3)

It is a condition of every agreement that the board has the right to enter at any time the land, buildings, or facilities that are the subject of the agreement.

(4)

No person has the right under an agreement to use or occupy any land, buildings, or facilities in such a way as to unduly interfere with the use by the board for school purposes of that land or those buildings or facilities, or any other land, buildings, or facilities of the school.

(5)

The Secretary may, by notice in the Gazette,—

(a)

identify the kinds of agreements (such as, for example, agreements for the use of playing fields) that boards may enter into; and

(b)

specify conditions to which agreements, or specified types of agreements, are subject.

(6)

Section 70(5) applies to a Gazette notice under subsection (5)(b).

(7)

In relation to an integrated school, this section applies subject to the Private Schools Conditional Integration Act 1975 and to any integration agreement in force between the Minister and the proprietors of the school.

Compare: 1949 No 24 s 6D

Section 70C: inserted, on 17 May 2006, by section 8(1) of the Education Amendment Act 2006 (2006 No 19).

71 Courses and visits

(1)

Except as provided in this section, a board may authorise any students to—

(a)

undertake courses of education; or

(b)

obtain work experience; or

(c)

make visits;—

outside the school premises; and where the board has done so, a student shall be deemed to be attending the school while undertaking the course, obtaining the experience, or making the visit.

(2)

Except in accordance with conditions for the time being prescribed by the Minister in that behalf by notice in the Gazette no principal, teacher, or occupier of a workplace shall allow a student to go into, or remain in, a workplace to get work experience.

(3)

Subject to subsection (4), a student who is in a workplace (other than an undertaking within the meaning of the Factories and Commercial Premises Act 1981) to get work experience is deemed to be employed there; and every enactment, and collective agreement, (to the extent that it relates to the safety, health, and welfare of workers) applies to the student and the occupier of the workplace accordingly.

(4)

Subsection (3) does not—

(a)

entitle a student to be paid; or

(b)

require a student to join or belong to a union; or

(c)

entitle a student to enter or remain in a workplace; or

(d)

require any person to pay any levy, fee, or charge, of any kind.

Compare: 1964 No 135 s 117A

Section 71(3): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

72 Bylaws

Subject to any enactment, the general law of New Zealand, and the school’s charter, a school’s board may make for the school any bylaws the board thinks necessary or desirable for the control and management of the school.

Compare: 1964 No 135 s 61(2)

73 Restrictions on acquisition of securities

(1)

Sections 160 and 161 of the Crown Entities Act 2004 apply.

(2)

Therefore, a board must not acquire securities other than—

(a)

a debt security denominated in New Zealand dollars that is issued by a registered bank, or by any other entity, that satisfies a credit-rating test that is specified in either regulations made under Part 4 of that Act or a notice in the Gazette published by the Minister of Finance:

(b)

a public security:

(c)

as provided in—

(i)

any regulations made under Part 4 of that Act; or

(ii)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(iii)

this Act.

Section 73: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 73(2)(c)(ii): amended, on 20 May 2010, by section 20 of the Education Amendment Act 2010 (2010 No 25).

74 Work for other boards

(1)

Any 2 boards may agree in writing for—

(a)

one of them to acquire materials for and supply them to the other; or

(b)

one of them to do work for the other,—

and for the other to pay the board acquiring and supplying the materials or doing the work.

(2)

An agreement under subsection (1) does not absolve a board from any responsibilities imposed by this Act.

75 Functions and powers of boards

(1)

A school’s board must perform its functions and exercise its powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational achievement.

(2)

Except to the extent that any enactment or the general law of New Zealand provides otherwise, a school’s board has complete discretion to control the management of the school as it thinks fit.

Section 75: replaced, on 13 June 2013, by section 16 of the Education Amendment Act 2013 (2013 No 34).

76 Principals

(1)

A school’s principal is the board’s chief executive in relation to the school’s control and management.

(2)

Except to the extent that any enactment, or the general law of New Zealand, provides otherwise, the principal—

(a)

shall comply with the board’s general policy directions; and

(b)

subject to paragraph (a), has complete discretion to manage as the principal thinks fit the school’s day-to-day administration.

77 Guidance and counselling

The principal of a State school shall take all reasonable steps to ensure that—

(a)

students get good guidance and counselling; and

(b)

a student’s parents are told of matters that, in the principal’s opinion,—

(i)

are preventing or slowing the student’s progress through the school; or

(ii)

are harming the student’s relationships with teachers or other students.

Compare: 1964 No 135 s 193A

77A Enrolment records

(1)

The principal of a registered school must ensure that an enrolment record in such form and containing such information as may be specified under subsection (3) is kept for each student who is enrolled at the school.

(2)

When a student moves from one registered school to another registered school, the principal of the first school must take reasonable steps to send the student’s enrolment record to the principal of the second school.

(3)

The Secretary may from time to time, by notice in the Gazette, make rules setting out administrative and procedural requirements relating to enrolment records, including (without limitation) rules—

(a)

setting out the duties of principals concerning enrolment records and the information contained in enrolment records:

(b)

requiring principals to inform students and parents about enrolment records and the use and distribution of enrolment records, and specifying the particulars about which students and parents are to be informed:

(c)

specifying the form and content of enrolment records:

(d)

specifying exceptions to particular requirements of the rules.

(4)

A principal of a registered school must comply with rules for the time being in force under subsection (3).

(5)

In this section, principal, in relation to a partnership school kura hourua, means the person to whom the sponsor of the school has assigned the role of managing enrolment records.

(6)

In subsection (5), partnership school kura hourua and sponsor have the meanings given by section 2(1).

Section 77A: inserted, on 19 December 1998, by section 23 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 77A(5): inserted, on 13 June 2013, by section 17 of the Education Amendment Act 2013 (2013 No 34).

Section 77A(6): inserted, on 13 June 2013, by section 17 of the Education Amendment Act 2013 (2013 No 34).

78 Regulations relating to control and management of schools

(1)

Subject to the provisions of this Act and any other enactment, the Governor-General may from time to time make regulations providing for the control, management, organisation, conduct, and administration of schools.

(2)

Different provision may be made for schools of different classes or descriptions.

(3)

Regulations made under this section may give powers to, or impose duties on, boards, principals, or both.

(4)

Regulations made under this section prescribing a course of study shall not restrict the method by or manner in which any subject forming part of the course is to be taught, except to the extent necessary to ensure that the teaching of the subject is consistent with the general aims of the course.

Compare: 1964 No 135 ss 59, 76

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 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(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).

78B Entry where private school suspected of being unregistered

(1)

A person who holds an authorisation under section 78A(2), and who has reasonable cause to believe that any premises are being used as a private school in contravention of section 35R, may apply for a warrant to enter the premises.

(2)

An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.

(3)

A warrant may be issued on an application under subsection (1) if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 35R.

(4)

A warrant issued under subsection (3) must contain—

(a)

a reference to this section; and

(b)

the full name of the person authorised; and

(c)

a description of the premises concerned; and

(d)

the date on which it was issued and the date on which it expires.

(5)

A warrant issued under subsection (3) must authorise the person named in it, at any reasonable time within 4 weeks of the date on which it is issued, to enter and inspect the premises described in the warrant to ascertain whether those premises are being used as a private school in contravention of section 35R.

(6)

A person acting under a warrant under subsection (3) must retain the warrant and must show it, along with evidence of identity, to the occupier of the premises concerned—

(a)

on first entering the premises; and

(b)

whenever subsequently reasonably required to do so by that occupier.

Section 78B: inserted, on 19 December 1998, by section 25 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 78B heading: amended, on 21 December 2010, by section 12(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 78B(1): amended, on 21 December 2010, by section 12(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 78B(3): amended, on 21 December 2010, by section 12(3) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 78B(5): amended, on 21 December 2010, by section 12(4) of the Education Amendment Act (No 3) 2010 (2010 No 134).

78C Police vetting of non-teaching and unregistered employees at schools

The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every person—

(a)

whom the board or the management appoints, or intends to appoint, to a position at the school; and

(b)

who is to work at the school during normal school hours; and

(c)

who is not a registered teacher or holder of a limited authority to teach.

Section 78C: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).

78CA Police vetting of contractors and their employees who work at schools

(1)

The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

In this section, contractor means a person who, under contract (other than an employment contract), works at a school.

Section 78CA: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).

78CB Police vet must be obtained before person has unsupervised access to students

(1)

A Police vet required under section 78C or 78CA must be obtained before the person has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

The board of a State school, or the management of a school registered under section 35A, that is required under section 78C to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the school.

Section 78CB: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).

78CC Further Police vets to be obtained under this Part every 3 years

(1)

The board of a State school, or the management of a school registered under section 35A, must obtain a further Police vet of every person on whom a Police vet has already been obtained under this Part by that board or management, as the case may be, and who still works at the school.

(2)

A further Police vet required under subsection (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.

(3)

The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 78C or 78CA would not be required if he or she were about to be appointed to a position at the school or to work at the school at the time that the further Police vet would otherwise be required.

Section 78CC: inserted, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).

78CD Procedures relating to Police vets

The board of a State school, or the management of a school registered under section 35A, that applies for a Police vet of a person—

(a)

must ensure that strict confidentiality is observed for Police vets; and

(b)

must not take adverse action in relation to a person who is the subject of a Police vet until—

(i)

the person has validated the information contained in the vet; or

(ii)

the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.

Section 78CD: inserted, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).

78D School risk management scheme

(1)

In this section, and in sections 78E and 78F,—

participating school board

(a)

means the board of a State school; and

(b)

includes a commissioner appointed in place of a board; but

(c)

does not include a board of a State school or a commissioner if that party has been a participant but, with the Minister’s approval, has withdrawn from and is not for the time being a participant in a school risk management scheme

school risk management scheme means the school risk management scheme for the time being having effect under this section.

(2)

The Minister may, in accordance with this section, establish a school risk management scheme for the purpose of indemnifying participating school boards—

(a)

against accidental loss or damage to property of the board:

(b)

for any other purpose authorised by regulations made under section 78F.

(3)

An indemnity under the school risk management scheme must be given in a form and contain terms and conditions authorised by regulations made under this Act.

(4)

A participating school board is liable to pay to the Crown the annual fee set under sections 78E.

(5)

The Minister may at any time, on giving reasonable notice to all participating school boards, discontinue a school risk management scheme and direct the Secretary to wind up the scheme.

(6)

Until a school risk management scheme is established under subsection (2 ), the deed signed by the Minister on 24 December 1999 entitled Ministry of Education—Risk Management Scheme for School Contents constitutes the school risk management scheme.

Section 78D: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).

78E School risk management scheme fees

(1)

In respect of each year in which a school risk management scheme has effect, the Minister must, by notice in the Gazette, set the amount of the annual fee payable by a participating school board or the rate at which the amount is to be assessed.

(2)

The purpose of the annual fee is to recover the administration, insurance, and claims costs of the scheme.

(3)

The Secretary must deduct the fee from grants made to the board under section 79.

(4)

The Secretary must establish a separate bank account for the purposes of this section, and—

(a)

all fees deducted under subsection (3) must be paid into the account; and

(b)

the Secretary may authorise payments to be made from the account for the purposes of administering the scheme.

(5)

If the school risk management scheme is discontinued, the money held in the separate account after the scheme has been wound up must be paid into a Crown Bank Account in accordance with any directions of the Secretary to the Treasury.

Section 78E: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).

Section 78E(5): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

78F Regulations relating to school risk management scheme

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

providing for the form of legal instrument by which a school risk management scheme may be established:

(b)

defining accidental loss or damage and other terms for the purposes of the regulations and the legal instrument:

(c)

setting out the scope of the indemnity that may be given by the Crown, including any exclusions:

(d)

setting out the procedure for lodging claims and their determination:

(e)

listing the kinds of costs that the Crown may deduct from money payable under the scheme to a participating school board:

(f)

providing for the manner in which the parties may withdraw from the scheme:

(g)

providing for the manner in which the legal instrument may be varied, replaced, or terminated.

Section 78F: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).

78G Former school risk management schemes

(1)

The scheme referred to in section 78D(6), and all former schemes established for similar purposes by or on behalf of the Minister in 1991 or subsequent years, must be treated as if they were authorised by this section when executed.

(2)

All levies collected from school boards for the purposes of a scheme to which this section applies, and payments made from those fees, must be treated as having been collected or paid under the authority of this section.

Section 78G: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).

Part 7A Interventions in schools

Part 7A: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78H Purpose of Part

The purpose of this Part is to provide for a range of interventions that may be used to address risks to the operation of individual schools or to the welfare or educational performance of their students.

Section 78H: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78I Application of interventions

(1)

The interventions in schools that are available are as follows:

(a)

a requirement by the Secretary for information:

(b)

a requirement by the Secretary for a board to engage specialist help:

(c)

a requirement by the Secretary for a board to prepare and carry out an action plan:

(d)

the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:

(e)

the dissolution of a board by the Minister, and the appointment of a commissioner:

(f)

the dissolution of a board by the Secretary, and the appointment of a commissioner.

(2)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1)(b) to (e) to a school if he or she has reasonable grounds to believe that there is a risk to the operation of the school, or to the welfare or educational performance of its students.

(3)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1) to a school if either of the following requests an intervention:

(a)

the board of the school:

(b)

in the case of an integrated school, the school’s proprietors.

(4)

When applying an intervention, the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.

(5)

The application of any one intervention does not preclude the application of any other intervention, either simultaneously or at any other time.

Section 78I: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78J Requirement to provide information

(1)

The Secretary may, by written notice to the board of a school, require the board to provide specified information—

(a)

as at a given time; or

(b)

at specified intervals; or

(c)

both.

(2)

The Secretary may give a notice under subsection (1) only if he or she has reasonable grounds for concern about the operation of the school, or the welfare or educational performance of its students.

(3)

A board that receives a notice under subsection (1) must provide the Secretary with the information required—

(a)

within or at the time or times specified in the notice; and

(b)

in the form (if any) specified by the Secretary.

(4)

The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.

Section 78J: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78K Specialist help

(1)

The Secretary may, by written notice to the board of a school, require the board to engage specified specialist help.

(2)

A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.

(3)

A board that receives a notice under subsection (1) must comply with the notice as soon as practicable, and must pay the fees and reasonable expenses of any person or organisations engaged to provide specialist help.

(4)

The Secretary may at any time amend or revoke a notice under subsection (1), and the amendment or revocation takes effect on the date specified in the notice.

Section 78K: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78L Action plans

(1)

The Secretary may, by written notice to the board of a school, require the board to prepare and carry out an action plan, and every such notice must specify—

(a)

the matters that the action plan must address; and

(b)

the outcomes sought; and

(c)

the time within which a draft action plan must be prepared.

(2)

A board that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and presenting it to the Secretary for approval.

(3)

The Secretary may negotiate with the board over the draft action plan in order to reach an agreed plan but, if after a reasonable period the board and Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the board that he or she will approve a particular version of the plan.

(4)

When the Secretary has approved an action plan, the board—

(a)

must implement it in accordance with its terms, unless or until the Secretary directs otherwise; and

(b)

must make the plan available as if it were part of the school’s charter.

Section 78L: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78M Limited statutory manager

(1)

The Minister may, by notice in the Gazette, direct the Secretary to appoint a limited statutory manager for the board of a school.

(2)

A notice under subsection (1) must specify—

(a)

any functions, powers, and duties of the board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and

(b)

any matters on which the limited statutory manager may or must advise the board; and

(c)

any conditions attaching to the exercise of the powers by the board or by the limited statutory manager.

(3)

Upon publication of the Gazette notice, the Secretary must, by notice to the board,—

(a)

appoint a person to be the limited statutory manager for the board; and

(b)

state the date on which the appointment takes effect.

(3A)

A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—

(a)

by his or her own name; and

(b)

as being of a named body corporate.

(4)

On and from the date on which his or her appointment takes effect,—

(a)

any functions, powers, or duties of the board specified in a notice under subsection (1) vest in the limited statutory manager; and

(b)

the board must take into consideration advice given by the limited statutory manager on any matter on which he or she is obliged to give advice; and

(c)

any conditions specified in the notice apply.

(5)

The board must pay the fees and expenses of a limited statutory manager appointed for it.

(6)

The Minister may at any time, by notice in the Gazette, amend a notice under subsection (1), and the amendment takes effect on and from the date given in the notice.

(7)

When the Minister is satisfied that the appointment of the limited statutory manager is no longer required, he or she must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.

Section 78M: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

Section 78M(3A): inserted, on 20 May 2010, by section 22 of the Education Amendment Act 2010 (2010 No 25).

78N Dissolution of board and appointment of commissioner

(1)

The Minister may, by notice in the Gazette, dissolve the board of a school and direct the Secretary to appoint a commissioner to replace that board.

(2)

On publication of a notice under subsection (1), the Secretary must, by notice in the Gazette, appoint a commissioner for the school, and state the date on which the appointment takes effect.

(3)

The Secretary may, by notice in the Gazette, dissolve the board of a school and appoint a commissioner in its place, as from a specified date, if any of the following applies:

(a)

the board has not held a meeting during the previous 3 months:

(b)

so many casual vacancies have arisen that there is no longer any member of the board who is eligible to preside at meetings of the board:

(c)

the result of an election of trustees is that the board has fewer than 3 trustees elected by parents:

(d)

an election of trustees has not been held as required by this Act:

(e)

it is impossible or impracticable to discover the results of an election of trustees.

(4)

A notice under subsection (2) or (3) appointing a commissioner for a school may refer to the person appointed—

(a)

by his or her own name; and

(b)

as being of a named body corporate.

Section 78N: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

Section 78N(4): inserted, on 20 May 2010, by section 23 of the Education Amendment Act 2010 (2010 No 25).

78NA No compensation for loss of office

(1)

A trustee is not entitled to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office as a trustee.

(2)

A board must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries does not pay directors of the subsidiary any compensation or other payment or benefit, on any basis, for ceasing for any reason to hold office.

(3)

However, subsections (4) and (5) apply to a person who is entitled, at the commencement of this section under any contract or arrangement, to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office.

(4)

The entitlement is not affected by the enactment of this section.

(5)

The entitlement is cancelled on the date of reappointment of the trustee or director or of the member to the committee (if any).

Section 78NA: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 78NA(2): amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).

78O Commissioners

(1)

A commissioner appointed under section 78N has all the functions, powers, and duties of the board that he or she is appointed to replace.

(2)

Anything that, if done by or on behalf of the board, must be done by affixing the board’s seal, or by the signature of 2 or more trustees, or both, may be done by the signature of the commissioner.

(3)

The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the board.

Section 78O: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78P Commissioner sets date for election of trustees

(1)

In the case of a commissioner appointed under section 78N(2), when the Secretary is satisfied that a commissioner is no longer required for the school, the commissioner must appoint a date for the election of trustees.

(2)

In the case of a commissioner appointed under section 78N(3), when the Secretary is satisfied that an election of trustees will produce a functioning board, the commissioner must appoint a date for the election of trustees.

(3)

A commissioner’s appointment ends 7 days after the date that he or she has set for the election of trustees.

Section 78P: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78Q Protection of limited statutory managers and commissioners

No limited statutory manager, and no commissioner, is personally liable for any act done or omitted by him or her, or for any loss arising out of any act done or omitted by him or her, if the act or omission was in good faith and occurred in the course of carrying out his or her functions.

Section 78Q: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78R Annual review of interventions

Within 1 year of the date of a notice under any of sections 78J(1), 78K(1), 78L(1), 78M(1), or 78N(1) or (3), the Secretary must review the operation of the intervention commenced by each notice, and after that must review the operation of the intervention annually.

Section 78R: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78S Application of interventions to integrated schools

(1)

The Secretary must, if practicable, consult with the proprietors of an integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.

(2)

If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee.

Section 78S: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

78T Application of interventions to Kura Kaupapa Maori

(1)

Before applying any of the interventions in this Part to a Kura Kaupapa Maori, the Secretary must consult with te kaitiaki o Te Aho Matua (as defined in section 155B).

(2)

Subsection (1) applies only to Kura Kaupapa Maori that are required by their charters to operate in accordance with Te Aho Matua.

Section 78T: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

Part 8 Financial

79 Grants for boards

(1)

Subject to subsection (2), in each financial year, a board shall be paid, out of public money appropriated by Parliament for the purpose, such grants and supplementary grants, of such amounts, as the Minister determines.

(2)

In determining the amount of any grant, the Minister shall take no account of foreign students (other than students exempted under section 4A(1)) enrolled or likely to be enrolled at any school or institution the board concerned administers.

(3)

A supplementary grant is paid subject to the condition that it will be used for the purposes set out in the grant, and a board that receives a supplementary grant must use it for those purposes only.

Section 79: replaced, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).

Section 79(1): amended, on 25 October 2001, by section 21(1) of the Education Standards Act 2001 (2001 No 88).

Section 79(3): inserted, on 25 October 2001, by section 21(2) of the Education Standards Act 2001 (2001 No 88).

80 No transfer between grants
[Repealed]

Section 80: repealed, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).

81 Payment of teacher salaries from sources other than grants
[Repealed]

Section 81: repealed, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).

81A Grants for correspondence schools

Notwithstanding sections 79 to 81,—

(a)

the board of a correspondence school shall in each financial year be paid, out of money appropriated by Parliament for the purpose, a single grant of an amount determined by the Minister:

(b)

any part of such a grant may be used for the payment of teacher salaries:

(c)

the board shall not out of money that is not part of such a grant pay any part (or all) of a teacher’s salary, or pay to the Crown any part (or all) of a teacher’s salary paid by the Crown, except—

(i)

with the Minister’s consent; and

(ii)

in accordance with any conditions subject to which the consent was given:

(d)

the Minister shall withhold consent under paragraph (c) unless satisfied that special circumstances applying to the school make it inappropriate for the Minister to do so.

Section 81A: inserted, on 23 July 1990, by section 20 of the Education Amendment Act 1990 (1990 No 60).

81B Management of financial management system
[Repealed]

Section 81B: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).

82 Annual financial statements
[Repealed]

Section 82: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

83 Responsibility for financial statements
[Repealed]

Section 83: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

84 Audit report on financial statements
[Repealed]

Section 84: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

85 Financial statements to be included in annual report
[Repealed]

Section 85: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

86 Financial year
[Repealed]

Section 86: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

87 Annual reports

(1)

As soon as is practicable after the end of every financial year, and in any event no later than a day fixed by the Secretary, every board shall give the Secretary an annual report in accordance with this section.

(2)

A report given under subsection (1) must include—

(a)

the names of all the board’s elected trustees, appointed trustees, and co-opted trustees; and

(b)

the date on which each trustee goes out of office; and

(c)

the auditor’s report in accordance with section 87A; and

(ca)

in respect of the board or, in the case of a Crown entity group, for each Crown entity in the group,—

(i)

the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v)) paid or payable to the trustees in their capacity as trustees from the board (or entities in the group, as the case may be), during that financial year; and

(ii)

the total value of the remuneration (other than compensation, and other benefits referred to in subparagraph (v)) paid or payable to the committee members in their capacity as committee members from the board (or entities in the group, as the case may be) during that financial year (except that this paragraph does not apply to trustees whose remuneration is disclosed under subparagraph (i)); and

(iii)

the number of employees (other than principals of the school) to whom, during the financial year, remuneration (other than compensation and other benefits referred to in subparagraph (v)) was paid or payable in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and

(iv)

a report, presented in the manner required by the Minister by notice in the Gazette, on the total remuneration (including benefits, any compensation, ex gratia payments, any other payments, and any other consideration paid or payable in the school principal’s capacity as an employee) paid to a principal of the school; and

(v)

the total value of any compensation or other benefits paid or payable to persons who ceased to be trustees, committee members, or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was payable; and

(d)

the board’s annual financial statements; and

(e)

a statement in which schools provide an analysis of any variance between the school’s performance and the relevant aims, objectives, directions, priorities, or targets set out in the school charter:

(3)

The annual financial statements must be prepared in accordance with generally accepted accounting practice, audited as required by section 87A, and include all of the following:

(a)

a statement of the financial position of the board as at its balance date:

(b)

a statement of financial performance reflecting the revenue and expenses of the board for the financial year:

(c)

if required by generally accepted accounting practice, a statement of cash flows reflecting cash flows of the board for the financial year:

(d)

a statement of the commitments of the board as at the balance date:

(e)

a statement of the contingent liabilities of the board as at the balance date:

(f)

a statement of accounting policies:

(g)

such other statements as are necessary to fairly reflect the financial operations of the board for the financial year and its financial position at the end of the financial year:

(h)

any other statements that the Secretary determines in consultation with the Auditor-General:

(i)

in relation to each statement required by paragraphs (a) to (c) and, if appropriate, by paragraph (g), budgeted figures for the financial year:

(j)

in relation to each statement required by paragraphs (a) to (c), paragraph (d), and paragraph (e) and, if appropriate, by paragraph (g), comparative actual figures for the previous financial year.

(3AA)

The annual financial statements in the annual report must be in the form (if any) determined by the Secretary after consultation with the Auditor-General.