This Act is administered by the Ministry of Education.
1 Title
2 Commencement
Part 1Substantive amendments to principal Act
Regulating school hostels
3 Interpretation
Human Rights Act 1993 compliance
4 Restriction on attendance at certain schools
Enrolment schemes
5 Effect of home zone
6 Instructions and guidelines on operation of enrolment schemes
7 New section 11MA inserted
11MA Making minor amendments to enrolment schemes
8 Enrolment may be annulled if based on false information
9 New section 11OA inserted
11OA Review of student's enrolment
10 Release from tuition on religious or cultural grounds
11 New section 25AA inserted
25AA Release from tuition in specified parts of health curriculum
School planning and reporting
12 National education guidelines
Health education
13 New section 60B inserted
60B Consultation about treatment of health curriculum
14 New sections 61 to 63B substituted
61 School charter
62 Procedural requirements of preparing or updating school charter
63 Effect of school charter
63A When school charter or updated charter takes effect
63B Board must make copies of school charter available
Disqualifying interests of school trustees
15 Certain persons ineligible to be trustees
16 New section 103A inserted
103A Financial interests that disqualify persons from being trustees
17 Local Authorities (Members' Interests) Act 1968 amended
Police vetting
18 New sections 78C to 78CB inserted
78C Police vetting of non-teaching and unregistered employees at schools
78CA Police vetting of contractors and their employees who work at schools
78CB Internal procedures relating to police vets
School risk management scheme
19 New sections 78D to 78G inserted
78D School risk management scheme
78E School risk management scheme fees
78F Regulations relating to school risk management scheme
78G Former school risk management schemes
Interventions in poorly performing schools
20 New Part 7A inserted
Part 7AInterventions in schools
78H Purpose of Part
78I Application of interventions
78J Requirement to provide information
78K Specialist help
78L Action plans
78M Limited statutory manager
78N Dissolution of Board and appointment of commissioner
78O Commissioners
78P Commissioner sets date for election of trustees
78Q Protection of limited statutory managers and commissioners
78R Annual review of interventions
78S Application of interventions to integrated schools
78T Application of interventions to Kura Kaupapa Maori
21 Grants for Boards
22 Consequential repeals relating to interventions in schools
23 Annual reports
24 New section 91N inserted
91N Power of Secretary to employ teachers
Teacher registration
25 Interpretation
26 Restrictions on appointment of teachers
27 Restrictions on continued employment of teachers
28 New section 124B inserted
124B Determining good character and fitness to be teacher
29 New section 129 substituted
129 Deregistration
30 Practising certificates
31 Determining character and likely teaching ability
32 Section 130G repealed
33 Heading and sections 131 to 135 repealed
34 Offences
35 Section 138 repealed
36 Sections 138A and 138B repealed
New Zealand Teachers Council
37 New Part 10A inserted
Part 10ANew Zealand Teachers Council
139AA Purpose of Part
139AB Interpretation
Teachers Council
139AC New Zealand Teachers Council established
139AD Composition of Teachers Council
139AE Functions of Teachers Council
139AF Powers of Teachers Council
139AG Ministerial directions
139AH Advisory groups
139AI Code of ethics
139AJ Teachers Council to make rules
Mandatory reporting
139AK Mandatory reporting of dismissals and resignations
139AL Mandatory reporting of complaints received about former employees
139AM Mandatory reporting of possible serious misconduct
139AN Mandatory reporting of failure to reach required level of competence
139AO Offence to fail to report
139AP Mandatory reporting of convictions
Disciplinary functions
139AQ Disciplinary bodies
139AR Complaints of misconduct
139AS Complaints and reports relating to teacher conduct
139AT Powers of Complaints Assessment Committee
139AU Interim suspension to enable investigation
139AV Investigation of reports of convictions
139AW Powers of Disciplinary Tribunal
139AX Evidence at hearings
139AY Powers of Disciplinary Tribunal in relation to witnesses
139AZ Offences relating to witnesses
139AZA Privileges and immunities
139AZB Appeals
Review of competence
139AZC Complaints about competence
139AZD Teachers Council must co-ordinate police vetting
Data gathering
38 Secretary may require information for statistical purposes
39 New sections 144B to 144E inserted
144B Purpose of sections 144C to 144E
144C Regulations about school hostels
144D Inspection of hostels
144E Authorised person for purpose of section 144D
40 Interpretation
41 Single sex schools
42 Consultations
Tertiary education institutions
43 Disestablishment of institutions
44 Requirements as to constitutions of Councils
45 Functions of Councils
46 Duties of Councils
47 New heading and sections 195A to 195G inserted
Institutions at risk
195A Criteria for risk assessment of institutions
195B Institutions to provide information if required
195C Minister may appoint Crown observer
195D Minister may dissolve Council and appoint commissioner
195E Powers and functions of commissioner
195F Minister to appoint advisory committee
195G Review of operation of sections 195A to 195F
Pastoral care of international students
48 New Part 18A inserted
Part 18ACode of practice for providers who enrol international students
238D Interpretation
238E Signatories to code may enrol persons as international students
238F Code
238G Sanctions
238H Providers to pay annual fee
49 Constitution
New Zealand Qualifications Authority
50 Definitions
51 Functions of Authority
52 General powers of Authority
53 Approval of courses
54 Accreditation of institutions or private training establishments as providers of approved courses
55 Applications for consents by Authority
56 New section 264A inserted
264A Minister may consent to registered establishments using certain terms in their names
57 Offences
58 Student Allowance Appeal Authority
Student loan information matching
59 New section 307C inserted
307C Ministry may carry out information matching of student loan information
60 New sections 315 to 315AB substituted
315 Police vetting of non-teaching and unregistered employees at early childhood services
315AA Police vetting of contractors and their employees who work at early childhood services
315AB Internal procedures relating to police vets
Recognised education bodies
61 Recognised bodies to keep accounts
62 Interpretation
63 New sections 328E to 328H inserted
Provisions concerning hostels
328E Functions of Chief Review Officer
328F Review officers
328G Powers of review officers for purposes of sections 328E to 328H
328H Review officers to prove identity before acting under section 328G
64 Schedules amended
Part 2Transitional and miscellaneous provisions, and consequential amendments
Transitional provisions relating to school planning and reporting
65 Transition to new planning regime
66 Transition to new annual reporting requirements
Transitional provision relating to intervention in poorly performing schools
67 Transitional arrangements for financial managers
68 Transitional arrangements for commissioners
Transitional provisions relating to teacher registration
69 Delayed application of teacher registration provisions
Transitional provisions relating to New Zealand Teachers Council
70 Interpretation
71 Teacher Registration Board to be absorbed into Teachers Council
72 Final annual report and final accounts
73 Transfer of employees
74 Protection of terms and conditions for transferred employee
75 No compensation for technical redundancy
76 Delayed application of certain provisions relating to Teachers Council
77 Transitional provision relating to inquiries
Transitional provision relating to pastoral care of international students
78 Transitional provisions relating to code
Financial reporting by schools
79 Public Finance Act 1989 amended
41A Special provisions in relation to annual financial statements of school Board of Trustees
80 Royal New Zealand Foundation for the Blind Act 1963 amended
81 Pacific Islands Polynesian Education Foundation Act 1972 amended
Consequential amendments
82 Consequential amendments to principal Act
83 Consequential amendments to other Acts
Validation
84 Validation of accommodation grant payments to Te Kohanga Reo National Trust Board
Specialist Education Services
85 Interpretation
86 Specialist Education Services Board abolished and undertaking transferred on effective date
87 Effect of reorganisation on employees
88 Transfer of employees
89 Application of employment agreements of transferred employees
90 Application of collective agreements of transferred employees
91 Employment of transferred employees continuous
92 Restriction of compensation for technical redundancy for transferred employees
93 Restriction of compensation for technical redundancy for other employees
94 Consequential amendments to other enactments
95 Consequential changes to other references
96 Application of consequential changes to references
97 Effect of reorganisation
ScheduleNew Schedule 7 of principal Act substituted
ScheduleConsequential amendments to principal Act
ScheduleFurther consequential amendments to principal Act
ScheduleConsequential amendments to other Acts
Legislative history
The Parliament of New Zealand enacts as follows: