Education Amendment Act 2015

Reprint as at 1 July 2016

Coat of Arms of New Zealand

Education Amendment Act 2015

Public Act
 
2015 No 1
Date of assent
 
12 February 2015
Commencement
 
see section 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

1Title
2Commencement
3Principal Act
4Section 87 amended (Annual reports)
5Section 158D amended (Partnership school contracts)
6Parts 10 and 10A repealed
7Sections 171 and 173 replaced
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
173Term of office
8Section 174 amended (Vacation of office)
9Section 176 replaced (Casual vacancies)
176Casual vacancies
10New sections 176A to 176E inserted
176AIndividual duties of members of councils
176BAccountability for individual duties
176CRemoval of members
176DProcess for removal
176EApplication of Local Authorities (Members’ Interests) Act 1968
11Section 177 amended (Chairperson and deputy chairperson)
12Section 178 amended (Meetings of councils)
13Section 194 amended (Statutes)
14Sections 222AB, 222AC, 222AE, 222AH, and 222AI repealed
15Section 233 amended (Grant or refusal of application)
16Section 233D amended (Cancellation of registration)
17Section 233E replaced (Effect of cancellation)
233EEffect of cancellation
18Section 234 amended (Lapse of registration)
19Section 234C amended (Interpretation)
20Section 234E amended (Student fees must be deposited with independent trustee)
21Section 235A amended (Refund entitlements of international students)
22Section 235B amended (Refund requirements set by Gazette notice)
23Section 236A amended (Duties of private training establishments to maintain student records)
24Section 238D replaced (Interpretation)
238DInterpretation
25Section 238E amended (Signatories to code may enrol persons as international students)
26Section 238F amended (Code)
27Section 238G replaced (Sanctions)
238FAAppointment of code administrator
238FBCode administrator may issue compliance notices
238FCSignatory providers to comply with compliance notices
238GSanctions
28Section 238I amended (Purpose and administration of export education levy)
29New sections 238J to 238M inserted
238JInternational Student Contract Dispute Resolution Scheme
238KCap of $200,000 on amount that can be required to be paid
238LDistrict Court to enforce DRS
238MRules of International Student Contract Dispute Resolution Scheme
30Section 250A amended (Conditions on accreditation)
31Section 250C amended (Withdrawal of accreditation)
32Section 251A amended (Conditions of training scheme approval)
33Section 252A amended (Conditions)
34Section 253 amended (Rules)
35Section 255 amended (Compliance notices)
36Section 255A amended (Powers of entry and inspection)
37Section 292B amended (Liability of body corporate and directors in respect of false representations)
38Section 292C amended (Offence to issue false qualifications and falsify records)
39New sections 299A and 299B inserted
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
40New Parts 31 and 32 inserted
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
41New Schedules 19 to 21 inserted
42Crown Entities Act 2004
43Education Standards Act 2001
44Ombudsmen Act 1975
45Privacy Act 1993
46State Sector Act 1988
47Education (Early Childhood Centres) Regulations 1998
48Education (Early Childhood Services) Regulations 2008
49Education (Registration of Early Childhood Services Teachers) Regulations 2004
50New Zealand Council for Educational Research (Electoral College) Order 2009 amended
Reprint notes

The Parliament of New Zealand enacts as follows: