Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
37 New section 35S and cross-heading inserted

After section 35R, insert:

Powers of entry and inspection

35S Entry where private school suspected of being unregistered

(1)

A person who holds an authorisation under section 78A(2), and who has reasonable cause to believe that any premises are being used as a private school in contravention of section 35R, may apply for a warrant to enter the premises.

(2)

An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.

(3)

A warrant may be issued on an application under subsection (1) if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 35R.

(4)

A warrant issued under subsection (3) must contain—

(a)

a reference to this section; and

(b)

the full name of the person authorised; and

(c)

a description of the premises concerned; and

(d)

the date on which it was issued and the date on which it expires.

(5)

A warrant issued under subsection (3) must authorise the person named in it, at any reasonable time within 4 weeks of the date on which it is issued, to enter and inspect the premises described in the warrant to ascertain whether those premises are being used as a private school in contravention of section 35R.

(6)

A person acting under a warrant under subsection (3) must retain the warrant and must show it, along with evidence of identity, to the occupier of the premises concerned—

(a)

on first entering the premises; and

(b)

whenever subsequently reasonably required to do so by that occupier.

Compare: 1989 No 80 s 78B