Education Amendment Act 2015

Schedule 3 New Schedule 21 inserted

s 41(3)

Schedule 21 Governance provisions of Education Council

ss 348, 379, 380, 381

1 Appointment as member

(1)

The Minister must appoint all 9 members of the Education Council.

(2)

At least 5 of the members must be people who are registered under section 353, and hold a practising certificate under section 361.

(3)

At least 5 members must be appointed by the Minister from nominations received following notification of the Education Council vacancy in the Gazette.

(4)

The Gazette notice must specify the appointment process and must list the criteria for appointment specified in subclause (5).

(5)

In making an appointment, the Minister must—

(a)

have regard to the collective skills, experience, and knowledge making up the overall composition of the Education Council; and

(b)

take into account each candidate’s ability to carry out the duties of a member of the Education Council, including (but not limited to) the candidate’s—

(i)

knowledge of education; and

(ii)

experience of governance; and

(iii)

leadership experience and skills; and

(iv)

financial skills; and

(v)

understanding of the partnership principles of the Treaty of Waitangi.

(6)

The Minister must appoint each member by written notice to the member.

(7)

The notice of appointment must state—

(a)

the date on which the appointment takes effect; and

(b)

the term for which the member is appointed.

2 Disqualification from office

The following persons are disqualified from being members:

(a)

a person who is an undischarged bankrupt:

(b)

a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under any enactment other than this Act:

(c)

a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:

(d)

a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare:

(e)

a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:

(f)

a member of Parliament.

3 Removal from office

(1)

The Minister may revoke the appointment of a member of the Education Council at any time for just cause.

(2)

The revocation must be made by written notice to the member with a copy to the Education Council.

(3)

The written notice must state—

(a)

the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and

(b)

the reasons for the removal.

(4)

In this clause, just cause

(a)

includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the collective duties of the board or the individual duties of members (depending on the seriousness of the breach); and

(b)

in the case of a member who held a practising certificate under section 361 when appointed, includes—

(i)

ceasing to hold the certificate; and

(ii)

the suspension of the certificate.

(5)

The Minister may remove a member with as little formality and technicality, and as much expedition, as is permitted by—

(a)

the principles of natural justice; and

(b)

a proper consideration of the matter.

(6)

A Judge may be removed as a member in accordance with the removal provisions of this Act for a breach of the Education Council’s collective duties, but only if all of the other members are being removed for the same breach at the same time (and the removal does not affect his or her tenure as a Judge).

(7)

A member of the Education Council is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.

4 Continuation in office

(1)

Each member of the Education Council continues in office (unless he or she ceases to hold office under subclause (4)) until a successor is appointed.

(2)

A member may resign from office by written notice to the Minister (with a copy to the Education Council) signed by the member.

(3)

The resignation is effective on receipt by the Minister of the notice or at any later time specified in the notice.

(4)

A member of the Education Council ceases to hold office if he or she—

(a)

resigns; or

(b)

is removed from office; or

(c)

becomes disqualified from being a member.

5 Chairperson

(1)

The Minister must appoint one of the members as chairperson by notice in writing stating the date on which the appointment takes effect.

(2)

The chairperson holds that office until—

(a)

he or she resigns from that office; or

(b)

he or she is removed from it by the Minister; or

(c)

he or she ceases to hold office as a member; or

(d)

the term of office specified on appointment expires.

(3)

A person may be reappointed as chairperson for a further term.

(4)

The chairperson may, without resigning as a member, resign from that office by written notice to the Minister (with a copy to the Education Council).

(5)

The notice of resignation must state the date on which the resignation takes effect.

(6)

The Minister may, after consultation with the person concerned, remove a chairperson of the Education Council from that office by written notice to the person (with a copy to the Education Council).

(7)

The notice of removal must state the date on which the removal takes effect.

6 Administrative provisions

(1)

The powers of the Education Council are not affected by any vacancy in its members.

(2)

The Education Council may appoint committees to advise it on any matters relating to the Education Council’s functions and powers.

(3)

All questions arising at any meeting must be decided by a majority of those members present with the chairperson having a casting vote.

(4)

Except as otherwise provided under this or another Act, the members may regulate their own procedure.

7 Collective duties

(1)

The Education Council must act in a manner consistent with its functions, duties, and powers.

(2)

The Education Council must ensure that it performs or exercises its functions, duties, and powers efficiently and effectively.

(3)

The Education Council must ensure that it operates in a financially responsible manner and, for this purpose, that it prudently manages its assets and liabilities.

8 Individual duties

(1)

A member of the Education Council must not contravene, or cause the contravention of, or agree to the Education Council contravening, this Act.

(2)

A member of the Education Council must, when acting as a member, act with honesty and integrity.

(3)

A member of the Education Council must, when acting as a member, act in good faith and not pursue his or her own interests at the expense of the Education Council’s interests.

(4)

A member of the Education Council must, when acting as a member, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—

(a)

the nature of the Education Council; and

(b)

the nature of the action; and

(c)

the position of the member and the nature of the responsibilities undertaken by him or her.

(5)

A member of the Education Council who has information in his or her capacity as a member that would not otherwise be available to him or her must not disclose that information to any person, or make use of, or act on, that information, except—

(a)

in the performance of the Education Council’s functions; or

(b)

as required or permitted by law; or

(c)

when the member is first authorised to do so by the Education Council and the disclosure, use, or act in question will not, or will be unlikely to, prejudice the Education Council.

9 Members not personally liable

No member of the Education Council is personally liable for any act done or omitted to be done by the body or any loss to the Education Council arising out of any act done or omitted to be done by the member if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Education Council.

10 Conflicts of interest

(1)

A person is interested in a matter if he or she—

(a)

may derive a financial benefit from the matter; or

(b)

is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or

(c)

may have a financial interest in a person to whom the matter relates; or

(d)

is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or

(e)

is otherwise directly or indirectly interested in the matter.

(2)

A member who is interested in a matter relating to the Education Council must disclose to the Education Council details of the interest as soon as practicable after the member becomes aware that he or she is interested.

(3)

The details that must be disclosed are—

(a)

the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or

(b)

the nature and extent of the interest (if the monetary value cannot be quantified).

(4)

A member who is interested in a matter—

(a)

must not vote or take part in any discussion or decision of the board or any committee relating to the matter, or otherwise participate in any activity of the Education Council that relates to the matter; and

(b)

must not sign any document relating to the entry into a transaction or the initiation of the matter.

(5)

In this clause, matter means—

(a)

the Education Council’s performance of its functions or exercise of its powers; or

(b)

an arrangement, agreement, or contract made or entered into, or proposed to be entered into, by the Education Council.