Education Amendment Act 2000

Part 1
Substantive amendments to principal Act

Enrolment schemes

4 New sections 11A to 11PB substituted
  • The principal Act is amended by repealing sections 11A to 11P, and substituting the following sections:

    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.

    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.

    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.

    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.

    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 which 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.

    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 an employee of the Board of the school:

      • (e) fifth priority must be given to all other applicants.

      (2) If there are more applicants in the second, third, fourth, or fifth 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 a parent of child B; or

      • (c) a parent of child A was married to a parent of child B at the time when child B's parent died; or

      • (d) a parent of child A is living in a relationship in the nature of marriage with 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.

    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 describing 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).

    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.

    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.

    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).

    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.

    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.

    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).

    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.

    11O Enrolment may be annulled if based on false information
    • (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).

      (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 subsection (1) or subsection (3), the annulment takes effect at the end of the school year.

      (5) A Board that annuls the enrolment of a student must immediately advise the Secretary of the name of the student and the date of annulment.

    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.

    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.

    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.