Education Standards Act 2001

  • This version includes a correction to section 69(2) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.

Reprint as at 1 July 2015

Education Standards Act 2001

Public Act
 
2001 No 88
Date of assent
 
24 October 2001
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry of Education.

Contents

1Title
2Commencement
3Interpretation
4Restriction on attendance at certain schools
5Effect of home zone
6Instructions and guidelines on operation of enrolment schemes
7New section 11MA inserted
11MAMaking minor amendments to enrolment schemes
8Enrolment may be annulled if based on false information
9New section 11OA inserted
11OAReview of student’s enrolment
10Release from tuition on religious or cultural grounds
11New section 25AA inserted
25AARelease from tuition in specified parts of health curriculum
12National education guidelines
13New section 60B inserted
60BConsultation about treatment of health curriculum
14New sections 61 to 63B substituted
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
15Certain persons ineligible to be trustees
16New section 103A inserted
103AFinancial interests that disqualify persons from being trustees
17Local Authorities (Members’ Interests) Act 1968 amended
18New sections 78C to 78CB inserted
78CPolice vetting of non-teaching and unregistered employees at schools
78CAPolice vetting of contractors and their employees who work at schools
78CBInternal procedures relating to police vets
19New sections 78D to 78G inserted
78DSchool risk management scheme
78ESchool risk management scheme fees
78FRegulations relating to school risk management scheme
78GFormer school risk management schemes
20New Part 7A inserted
78HPurpose of Part
78IApplication of interventions
78JRequirement to provide information
78KSpecialist help
78LAction plans
78MLimited statutory manager
78NDissolution of Board and appointment of commissioner
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
21Grants for Boards
22Consequential repeals relating to interventions in schools
23Annual reports
24New section 91N inserted
91NPower of Secretary to employ teachers
25Interpretation
26Restrictions on appointment of teachers
27Restrictions on continued employment of teachers
28New section 124B inserted
124BDetermining good character and fitness to be teacher
29New section 129 substituted
129Deregistration
30Practising certificates
31Determining character and likely teaching ability
32Section 130G repealed
33Heading and sections 131 to 135 repealed
34Offences
35Section 138 repealed
36Sections 138A and 138B repealed
37New Part 10A inserted
139AAPurpose of Part
139ABInterpretation
139ACNew Zealand Teachers Council established
139ADComposition of Teachers Council
139AEFunctions of Teachers Council
139AFPowers of Teachers Council
139AGMinisterial directions
139AHAdvisory groups
139AICode of ethics
139AJTeachers Council to make rules
139AKMandatory reporting of dismissals and resignations
139ALMandatory reporting of complaints received about former employees
139AMMandatory reporting of possible serious misconduct
139ANMandatory reporting of failure to reach required level of competence
139AOOffence to fail to report
139APMandatory reporting of convictions
139AQDisciplinary bodies
139ARComplaints of misconduct
139ASComplaints and reports relating to teacher conduct
139ATPowers of Complaints Assessment Committee
139AUInterim suspension to enable investigation
139AVInvestigation of reports of convictions
139AWPowers of Disciplinary Tribunal
139AXEvidence at hearings
139AYPowers of Disciplinary Tribunal in relation to witnesses
139AZOffences relating to witnesses
139AZAPrivileges and immunities
139AZBAppeals
139AZCComplaints about competence
139AZDTeachers Council must co-ordinate police vetting
38Secretary may require information for statistical purposes
39New sections 144B to 144E inserted
144BPurpose of sections 144C to 144E
144CRegulations about school hostels
144DInspection of hostels
144EAuthorised person for purpose of section 144D
40Interpretation
41Single sex schools
42Consultations
43Disestablishment of institutions
44Requirements as to constitutions of Councils
45Functions of Councils
46Duties of Councils
47New heading and sections 195A to 195G inserted
195ACriteria for risk assessment of institutions
195BInstitutions to provide information if required
195CMinister may appoint Crown observer
195DMinister may dissolve Council and appoint commissioner
195EPowers and functions of commissioner
195FMinister to appoint advisory committee
195GReview of operation of sections 195A to 195F
48New Part 18A inserted
238DInterpretation
238ESignatories to code may enrol persons as international students
238FCode
238GSanctions
238HProviders to pay annual fee
49Constitution
50Definitions
51Functions of Authority
52General powers of Authority
53Approval of courses
54Accreditation of institutions or private training establishments as providers of approved courses
55Applications for consents by Authority
56New section 264A inserted
264AMinister may consent to registered establishments using certain terms in their names
57Offences
58Student Allowance Appeal Authority
59New section 307C inserted
307CMinistry may carry out information matching of student loan information
60New sections 315 to 315AB substituted
315Police vetting of non-teaching and unregistered employees at early childhood services
315AAPolice vetting of contractors and their employees who work at early childhood services
315ABInternal procedures relating to police vets
61Recognised bodies to keep accounts
62Interpretation
63New sections 328E to 328H inserted
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
64Schedules amended
65Transition to new planning regime
66Transition to new annual reporting requirements
67Transitional arrangements for financial managers
68Transitional arrangements for commissioners
69Delayed application of teacher registration provisions
70Interpretation
71Teacher Registration Board to be absorbed into Teachers Council
72Final annual report and final accounts
73Transfer of employees
74Protection of terms and conditions for transferred employee
75No compensation for technical redundancy
76Delayed application of certain provisions relating to Teachers Council
77Transitional provision relating to inquiries
78Transitional provisions relating to code
79Public Finance Act 1989 amended
41ASpecial provisions in relation to annual financial statements of school Board of Trustees
80Royal New Zealand Foundation for the Blind Act 1963 amended
81Pacific Islands Polynesian Education Foundation Act 1972 amended
82Consequential amendments to principal Act
83Consequential amendments to other Acts
84Validation of accommodation grant payments to Te Kohanga Reo National Trust Board
85Interpretation
86Specialist Education Services Board abolished and undertaking transferred on effective date
87Effect of reorganisation on employees
88Transfer of employees
89Application of employment agreements of transferred employees
90Application of collective agreements of transferred employees
91Employment of transferred employees continuous
92Restriction of compensation for technical redundancy for transferred employees
93Restriction of compensation for technical redundancy for other employees
94Consequential amendments to other enactments
95Consequential changes to other references
96Application of consequential changes to references
97Effect of reorganisation
Reprint notes

The Parliament of New Zealand enacts as follows: