(1)
The principal Act is amended by inserting, after Part 10, the following Part:
The purpose of this Part is to provide professional leadership in teaching, enhance the professional status of teachers in schools and early childhood education, and contribute to a safe and high quality teaching and learning environment for children and other learners.
In this Part, unless the context otherwise requires,—
authorised person means the holder of a limited authority to teach given under Part X
Complaints Assessment Committee means the Complaints Assessment Committee established by rules
disciplinary body means either or both of the Complaints Assessment Committee and the Disciplinary Tribunal
Disciplinary Tribunal means the Disciplinary Tribunal established by rules
rules means rules made under section 139AJ
serious misconduct means conduct by a teacher—
that—
adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
reflects adversely on the teacher’s fitness to be a teacher; and
is of a character or severity that meets the Teachers Council’s criteria for reporting serious misconduct
teacher includes—
a registered teacher; and
a former registered teacher; and
an authorised person; and
a former authorised person.
(2)
Terms in this Part that are defined in section 120 have the meanings given to them by that section.
The New Zealand Teachers Council (Teachers Council) is established as a body corporate owned by the Crown.
The Teachers Council is a Crown entity for the purposes of the Public Finance Act 1989.
(3)
The Seventh Schedule applies to the Teachers Council and its members.
The Teachers Council comprises 11 members, as follows:
4 members appointed by the Minister, 1 of whom the Minister must appoint as chairperson:
4 elected members (each of whom must be a registered teacher holding a current practising certificate), being—
1 teacher representing the early childhood sector, elected by teachers from that sector; and
1 teacher representing the primary sector, elected by teachers from that sector; and
1 teacher representing the secondary sector, elected by teachers from that sector; and
1 principal, elected by principals:
1 person appointed by the Minister on the nomination of the New Zealand Educational Institute:
1 person appointed by the Minister on the nomination of the New Zealand Post Primary Teachers’ Association:
1 person appointed by the Minister on the nomination of the New Zealand School Trustees Association.
The elected members of the Teachers Council must be elected in accordance with rules made under section 139AJ(1)(a) by registered teachers who each hold a current practising certificate.
The first elections for the elected members must be held as soon as practicable after the commencement of this section but, until the date on which the elected members take office following those elections, the positions of the elected members must be filled by persons appointed by the Minister.
(4)
In order to provide for the staggered turnover of members, the Minister may specify, when appointing members to hold office when this section comes into force, which members are to hold office for 3 years (which is the standard term of office), and which are to hold office for 18 months.
The functions of the Teachers Council are as follows:
to provide professional leadership to teachers and others involved in schools and early childhood education:
to encourage best teaching practice:
to carry out the functions under Part X relating to teacher registration:
to determine standards for teacher registration and the issue of practising certificates:
to establish and maintain standards for qualifications that lead to teacher registration:
to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes on the basis of the standards referred to in paragraph (e):
to develop a code of ethics for teachers:
to exercise the disciplinary functions in this Part relating to teacher misconduct and reports of teacher convictions:
to set the criteria for reporting serious misconduct and for reporting on competence issues:
to exercise the functions in this Part relating to teacher competence:
to co-ordinate a system providing for the vetting by the police of all teachers and other people employed in schools and early childhood services:
to identify research priorities and, where appropriate, to promote and sponsor research according to those priorities:
to exercise any other functions conferred on it by this Act, any other enactment, or the Minister.
The Teachers Council has—
all the rights, powers, and privileges of a natural person of full age and capacity; and
the power to do anything it is authorised to do by or under this Act, or any other enactment, or any rule of law.
The Teachers Council may exercise its powers only for the purpose of carrying out its functions.
The Teachers Council may provide goods and services that are consistent with its functions and may, with the approval of the Minister, charge a commercial rate for any goods and services provided.
The Teachers Council may, by notice in the Gazette, fix fees for all or any of the following:
any addition or alteration to a person’s registration as a teacher:
any addition or alteration to, or extension of, a person’s limited authority to teach:
any addition or alteration to a person’s practising certificate:
inspection of the register of registered teachers or any other register or any other documents kept by the Teachers Council that are open to inspection:
the supply of a copy of any entry in a register or other document referred to in paragraph (d):
any other matter for which this Act provides that the Teachers Council may charge fees.
The Minister may, after consultation with the Teachers Council, give directions to the Council about the Government’s expectations regarding the performance of its functions, other than its functions under section 139AE(a) and (b) (which relate to professional leadership and best teaching practice).
The Minister may not give a direction under this section that requires the Teachers Council to do, or refrain from doing, any act that is intended to bring about a particular result in respect of 1 or more particular individuals.
Every direction from the Minister must be in writing and be signed and dated.
The Minister must, as soon as practicable after giving the direction,—
publish a copy of it in the Gazette; and
present a copy of it to the House of Representatives.
(5)
The Teachers Council must give effect to every direction given by the Minister.
The Teachers Council must establish—
an early childhood advisory group; and
a Maori-medium advisory group.
The Council may establish any other advisory groups, whether on an ongoing basis or for a fixed term.
The Council must determine the membership of advisory groups, and their terms of reference, budget, and other matters necessary to ensure their efficient and effective operation.
The Council must have regard to advice given by an advisory group about any matter within its area of expertise.
The code of ethics prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons.
The Teachers Council must, as soon as practicable after the first elected members of the Council take office, prepare a code of ethics for teachers.
When preparing the code of ethics (and any amendments to it), the Teachers Council must take all reasonable steps to consult with those who will be bound by it.
The code of ethics must be signed by the chairperson of the Teachers Council and—
notice of it must be given in the Gazette; and
the notice must say where copies of the code may be obtained free of charge; and
the notice must give the date on which the code comes into force, which must be a date on or after the date of the Gazette notice; and
the Teachers Council must take all reasonable steps to ensure that those bound by the code hear of it and are able to obtain copies of it.
The Council may amend the code of ethics, and every amendment—
must be notified in the Gazette; and
forms part of the code on the date specified in the notice as the date on which it will come into force.
The Teachers Council must, as soon as practicable after the commencement of this section, make rules providing for—
the conduct of elections for elected members and the establishment of rolls for the election of each elected member; and
a Complaints Assessment Committee to—
investigate complaints of misconduct about, and reports of convictions of, teachers; and
carry out any other function, and exercise any power given under this Act or delegated to it by the Teachers Council; and
a Disciplinary Tribunal to conduct hearings relating to misconduct by, and convictions of, individual teachers, and to exercise the powers given under this Act; and
the practices and procedures of the disciplinary bodies; and
the procedures of the Teachers Council for dealing with reports received under the mandatory reporting provisions in sections 139AK, 139AL, 139AM, 139AN, and 139AP; and
the procedures relating to police vets, and in particular the rights of persons who are vetted; and
the amendment and replacement of rules made under this subsection, including any consultation requirements.
The Teachers Council may make rules for any other purpose relating to the performance of its functions.
When preparing rules (and any amendments to them), the Teachers Council must take all reasonable steps to consult with those affected by the rules.
When rules are made under this section,—
notice of them must be given in the Gazette; and
the notice must say where copies of the rules may be obtained free of charge; and
the notice must give the date on which the rules come into force, which must be a date on or after the date of the Gazette notice; and
the Teachers Council must take all reasonable steps to ensure that those affected by the rules hear of them and are able to obtain copies of them.
Rules made under this section are regulations for the purposes of the Regulations (Disallowance) Act 1989.
When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Teachers Council.
An employer must immediately report to the Teachers Council when a teacher resigns from a teaching position if, within the 12 months preceding the resignation, the employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher, or the teacher’s competence.
Every report under this section must be in writing, and must include,—
in the case of a report of dismissal, the reason for the dismissal; and
in the case of a report of a resignation,—
a description of the conduct or competency issues that the employer had been concerned about; and
a report of what action (if any) the employer had taken with respect to the conduct or competency issues.
The former employer of a teacher must immediately report to the Teachers Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher’s conduct or competence while he or she was an employee.
Every report under this section—
must be in writing; and
must set out the nature of the complaint; and
may include any additional information that the employer considers relevant.
A former employer must not report a complaint under this section if—
it is satisfied that the complaint is malicious, vexatious, or without any foundation; or
the complaint is about competence, and the complaint does not meet the Teachers Council’s criteria for reporting about competence issues.
The employer of a teacher must immediately report to the Teachers Council if it has reason to believe that the teacher has engaged in serious misconduct.
Every report under this section must—
be in writing; and
include a description of the conduct of the teacher that the employer believes to be serious misconduct; and
include a description of what action (if any) the employer has taken in relation to it.
The employer of a teacher must immediately report to the Teachers Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence.
include a description of the competency issues leading to the report; and
include a description of the action that the employer has taken in relation to it.
An employer or former employer commits an offence and is liable on summary conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Teachers Council as required under any of sections 139AK, 139AL, 139AM, or 139N.
It is a defence to a charge under subsection (1) against the former employer of a teacher if the former employer proves that it believed on reasonable grounds that, by virtue of section 139AL(3), it was not required to report to the Teachers Council.
Every teacher who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Teachers Council.
Failure to report a conviction to the Teachers Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings.
The Registrar of every court must, unless the court expressly orders otherwise in a particular case, report to the Teachers Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more.
If the Registrar has reported a conviction to the Teachers Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Teachers Council of that fact.
The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section.
Disciplinary bodies may have members who are not members of the Teachers Council, but the majority of members on each body must be members of the Teachers Council.
The Disciplinary Tribunal must include at least 1 person who is not a member of the Teachers Council and who is not a teacher, employer, or a member of an employing body.
No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.
Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,—
made the complaint; or
is otherwise in a position of conflict of interest.
(6)
When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice.
A person who wishes to make a complaint about the conduct of a teacher must first make the complaint to the teacher’s employer, unless 1 of the circumstances in subsection (2)(a) to (d) applies.
Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the conduct of a teacher—
if the complaint is about a teacher who is not currently employed by an employer; or
if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or
if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
in any other exceptional circumstance.
A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it.
The Teachers Council must refer to the Complaints Assessment Committee—
every report received by it under any of sections 139AK, 139AL, or 139AM that relate to teacher conduct; and
every report received by it under section 139AP; and
every complaint received by it under section 139AR.
In relation to a complaint received under section 139AR from a person other than the current employer of the teacher concerned,—
if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher’s employer, it must refer the matter to the employer; and
in any other case, it must notify the employer (if the teacher is currently employed by an employer) that it has received a complaint about the teacher.
An employer to whom a complaint is referred under subsection (2), or who is required to provide information in the course of an investigation by the Complaints Assessment Committee, must report to the Committee as required by it.
The Complaints Assessment Committee may investigate any complaint or report referred to it under section 139AS.
Following an investigation, the Complaints Assessment Committee may, in respect of a complaint or report referred to it under section 139AS,—
dismiss the matter, or resolve to take it no further:
refer the teacher concerned to a competency review:
refer the teacher concerned to an impairment process which may involve assessing, and (if necessary) assisting with, an impairment:
in the case of a complaint of misconduct, resolve the complaint by agreement with the teacher and the person who made the complaint, which may include doing any of the following:
censuring the teacher:
imposing conditions on the teacher’s practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:
suspending the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
annotating the register or the list of authorised persons in a specified manner.
The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.
If the Complaints Assessment Committee is satisfied on reasonable grounds that a teacher has engaged in serious misconduct, the Committee must—
refer the matter to the Disciplinary Tribunal for a hearing; and
send a notice to the teacher concerned setting out the charge of serious misconduct against him or her.
For the purpose of investigating a complaint of serious misconduct about a teacher, the Complaints Assessment Committee may at any time apply to the Disciplinary Tribunal for an interim suspension of the teacher’s practising certificate or authority.
On an application for an interim suspension, the Disciplinary Tribunal may, either with or without a hearing, suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions have been met, but in any case for not more than 3 months.
Every report of the conviction of a teacher for an offence punishable by 3 months’ or more imprisonment that is received by, or comes to the attention of, the Teachers Council must be investigated by the Complaints Assessment Committee.
Following investigation of a report of such a conviction, the Complaints Assessment Committee may, by agreement with the teacher, annotate the register or the list of authorised persons.
If the Complaints Assessment Committee considers that the conviction may warrant action by the Disciplinary Tribunal, it must refer the report to the Disciplinary Tribunal for a hearing.
Following a hearing of a charge of serious misconduct, or a hearing into the conduct of a teacher, the Disciplinary Tribunal may do any 1 or more of the following:
any of the things that the Complaints Assessment Committee could have done under section 139AT(2):
censure the teacher:
impose conditions on the teacher’s practising certificate or authority for a specified period:
suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
annotate the register or the list of authorised persons in a specified manner:
impose a fine on the teacher not exceeding $3,000:
require the deregistration (as defined in section 129(6)) of the teacher:
require any party to the hearing to pay costs to any other party:
require any party to pay a sum to the Teachers Council in respect of the costs of conducting the hearing.
Despite subsection (1), following a hearing that arises out of a report under section 139AP of the conviction of a teacher, the Disciplinary Tribunal may not do any of the things specified in paragraphs (d), (f), (h), or (i) of subsection (1).
A fine imposed on a teacher, and a sum ordered to be paid to the Teachers Council under subsection (1)(i), are recoverable as debts due to the Teachers Council.
The Disciplinary Tribunal may—
receive evidence on oath (and for that purpose an officer or employee of the Teachers Council may administer an oath); and
permit a person appearing as a witness before it to give evidence by written statement, and verify that statement by oath.
A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961 (which relates to punishment for perjury).
The Disciplinary Tribunal may require a person to do either or both of the following:
attend and give evidence at a hearing of the Disciplinary Tribunal:
produce any documents, records, or other information in his or her custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not.
A requirement under subsection (1) must be in writing signed by the chairperson of the Disciplinary Tribunal.
A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called on the volition of the Disciplinary Tribunal itself, by the Teachers Council), witnesses’ fees, allowances, and travelling expenses, according to the scales for the time being prescribed by regulations made under the Summary Proceedings Act 1957, and those regulations apply accordingly.
A person commits an offence, and is liable on summary conviction to a fine not exceeding $500 who, without lawful justification, fails or refuses—
to attend and give evidence when required by the Disciplinary Tribunal; or
to answer truly and fully any question put to him or her by a member of the Disciplinary Tribunal; or
to produce any document, record, or other information as required by the Disciplinary Tribunal.
Every person who does any of the following has the same privileges as witnesses have in a court:
provides documents, things, or information to a disciplinary body:
produces documents or things to a disciplinary body:
gives evidence to, or answers questions by, a disciplinary body.
Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court.
If a person is represented at a hearing before the Disciplinary Tribunal by a person other than a barrister or solicitor,—
any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and
the representative is a counsel for the purposes of subsection (2).
A person who is dissatisfied with all or any part of a decision by the Disciplinary Tribunal under section 139AU(2) or section 139AW, or by the Council under section 139AZC, may appeal to a District Court.
An appeal under this section must be made within 28 days of receipt of written notice of the decision, or any longer period that the court allows.
Subsections (3) to (7) of section 126 apply to every appeal under this section as if it were an appeal under subsection (1) of section 126.
A person who wishes to make a complaint about a teacher’s competence must first make the complaint to the teacher’s employer, unless 1 of the circumstances in subsection (2)(a) to (d) applies.
Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the competence of a teacher—
A complaint under this section by an employer or former employer must include a description of the competency issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.
If the Teachers Council considers that a complaint under this section should have been sent first to the teacher’s employer, it must refer the matter to the employer; and in any other case, it must notify the employer (if the teacher is currently employed by an employer) that it has received a complaint about the teacher.
When the Teachers Council refers a complaint to an employer, the employer must report as required by the Teachers Council.
If the Teachers Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teachers Council may investigate the complaint.
(7)
When a complaint about competence is made by a member of the Teachers Council, that member may not be involved in any investigation of the complaint.
(8)
If, after investigation, the Teachers Council is satisfied that the teacher has not attained the required level of competence, it may—
impose conditions on the teacher’s practising certificate or authority:
refer the teacher to an impairment process involving the assessment of, and (if necessary) assistance with, an impairment:
deregister the teacher under section 129.
The Teachers Council must establish a system for co-ordinating police vetting that is requested by—
the Teachers Council, in relation to—
teacher registration and the issue of practising certificates; and
the granting of limited authorities to teach; and
Boards of state schools, and the management of schools registered under section 35A, in relation to—
current and prospective non-teaching and unregistered employees; and
contractors who work regularly at the school during school hours; and
the management of early childhood services, in relation to—
contractors who work regularly at the service during normal opening hours.
A copy of the result of the police vet of a person must be given to both the person or body that requested it and the person who is the subject of the vet.
The Teachers Council may charge fees to any Board or management that requests a police vet, to cover its administrative costs associated with providing vets and co-ordinating the system of police vetting.
The Teachers Council must establish internal procedures for dealing with police vets requested for its own purposes and for those requested by Boards and managements which must, in particular,—
identify the person or office-holder within the Council to whom police vets must be sent; and
ensure that strict confidentiality is observed for police vets.
The Teachers Council may not take adverse action in relation to a person who is the subject of a police vet until—
the person has validated the information contained in the vet; or
the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
The principal Act is amended by repealing Schedule 7, and substituting Schedule 7 set out in Schedule 1.