Reprint as at 7 August 2020

Coat of Arms of New Zealand

Education and Training Act 2020

Public Act
 
2020 No 38
Date of assent
 
31 July 2020
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
3Outline of Act
4Purpose of Act
5Minister may issue statement of national education and learning priorities
6Statement of expectations
7Tertiary education strategy
8International education strategy
9Te Tiriti o Waitangi
10Interpretation
11Transitional, savings, and related provisions
12Act binds the Crown
13Outline of Part 2
14Purpose of Part 2
15Service providers operating early childhood education and care centres must be licensed
16Certain other service providers may be licensed
17Ministerial approval required for licensing application
18Persons approved to apply for licence must be fit and proper
19Requirements for licensed home-based education and care service
20Playgroups may be certified
21Application of Legislation Act 2012 to certain material incorporated by reference
22Records
23Curriculum frameworks
24Prohibition on corporal punishment and seclusion in early childhood services
25Police vetting in respect of early childhood services
26Kindergarten attendance fees
27Parent’s right of entry
28Service providers must be licensed
29Offence relating to obstruction of right of entry
30Offence of insulting, abusing, or intimidating teacher or staff
31Outline of Part 3
32Purpose of Part 3
33Right to free enrolment and free education at State schools (including entitlement to attend full-time)
34Students with special educational needs have same rights to education at State schools as others
35Domestic students aged between 6 and 16 years must be enrolled at registered school
36Students of registered schools required to attend whenever schools are open
37Special education
38Long-term exemptions from enrolment
39Exemption from enrolment of student who has turned 15
40Effect of exemption under section 38 or 39
41Exemption of person placed in residence or programme under Oranga Tamariki Act 1989
42Exceptions to attendance because of well-being or transitional plan
43Exceptions to attendance because of secondary–tertiary programmes and multiple timetable arrangements
44Exemption from attendance because of walking distance to school or some other reason
45Exemption of student from attendance for period of no more than 5 days
46Secretary may require enrolment of certain children at distance school
47Reconsideration of special education enrolment or services
48Board of State school may appoint attendance officer
49Powers of attendance officers and constables
50Release from tuition on religious or cultural grounds
51Release from tuition for specified parts of health curriculum
52Release from tuition for outside tuition or if good reasons to leave early
53Courses, work experience, and visits outside school premises
54Restrictions on employing school-age children
55Application
56Religious instruction and observances in State primary and intermediate schools
57Additional religious instruction
58Student attendance at religious instruction must be confirmed
59Student attendance at religious observances not compulsory
60Teacher may be released from duties to take part in religious instruction or observances
61Exemptions from taxation
62Restrictions on primary school enrolment
63Cohort entry policy
64Dates for starting school under cohort entry policy
65Adoption or revocation of cohort entry policy
66Publication of mid-term start dates
67Restrictions on secondary school enrolment
68Restrictions on enrolment at distance school
69Some domestic students may have to pay fees for tuition from distance schools
70Evening classes
71Purpose and principles
72When enrolment schemes required
73Content of enrolment schemes
74How enrolment schemes work
75Additional entitlement to enrol in certain circumstances
76Secretary may direct that students attend particular schools
77Principals may preclude students for health reasons
78Purpose of sections 79 to 89
79Application of sections 80 to 89
80Principals of State schools may stand down or suspend students
81Powers of State school board when suspended students aged under 16 years
82Secretary’s powers when excluded students aged under 16 years
83Powers of State school board when suspended students aged 16 years or over
84Duties of principals when students stood down or suspended from State schools
85Who may attend State school board meeting concerning suspensions
86Effect of suspension on school register
87Re-enrolment of excluded or expelled student
88Notice requirements for stand-downs, suspensions, exclusions, and expulsions
89Secretary may make rules
90Curriculum statements and national performance measures
91Board of State school must consult about delivery of health curriculum
92Restrictions on appointment of teachers
93Restrictions on continued employment of teachers
94Chief executive of distance school not required to be registered
95Restrictions on teachers subject to interim suspension
96Further provisions relating to registration of teachers, practising certificates, and authorities to teach
97Teaching in State primary and intermediate schools must be secular
98Prohibition on corporal punishment and seclusion in registered schools
99Limits on use of physical restraint at registered schools
100Rules on use of physical restraint at registered schools
101Guidelines on use of physical restraint and behaviour management at registered schools
102Students at State schools may be released from tuition or for outside tuition
103Students at State schools must receive guidance and counselling and their parents must be told about certain things
104Required Police vetting
105Interpretation
106Surrender and retention of property
107Searches of clothing and bags or other containers
108Restrictions on searches under section 107
109Limits on sections 106 and 107
110Prohibitions on searches by contractors
111Refusal to produce, reveal, or surrender item
112Power to search storage containers not affected
113Rules about surrender and retention of property and searches
114Guidelines about surrender and retention of property and searches
115When State schools must be open
116Communities of learning for State schools
117State schools may use off-site locations approved by Minister
118State schools and special institutions must have boards
119Constitution of boards of State schools
120Proprietors of State integrated schools may vary number of board members they appoint
121Boards may alter their constitutions
122Composition of boards of special institutions
123Other provisions relating to boards
124Status of board
125Board is governing body
126Bylaws
127Objectives of boards in governing schools
128Staff
129Boards may appoint, suspend, and dismiss principal
130Principal is chief executive of board in relation to school’s control and management
131Board has complete discretion
132Things boards may do
133Board’s policies and practices must reflect cultural diversity
134Statements of variance and annual reports
135Audit
136Annual report to be made available
137Annual financial statements of boards
138School strategic plan and annual implementation plan
139Preparing draft strategic plan
140Secretary to review and approve draft strategic plan
141Amending strategic plan
142Expiry of strategic plan
143Preparing annual implementation plan
144Amending annual implementation plan
145Board to monitor performance against strategic planning documents
146Strategic planning documents to be on Internet site
147Acts in breach of statute invalid
148Some natural person acts protected
149Acts that are not in best interests of board
150Dealings between boards and other persons
151Personal liability of board members
152Board to be financially responsible
153Application of Crown Entities Act 2004
154Restrictions on acquisition of securities
155Restrictions on borrowing
156No delegation of power to borrow
157Restrictions on giving of guarantees and indemnities
158Restrictions on use of derivatives
159Gifts
160Real property
161Occupancy of property and buildings
162Leases and licences granted by boards
163Other agreements to occupy school land or buildings
164Teaching and learning programmes
165Monitoring of and reporting on student performance
166Code of conduct for board members
167Boards may augment code of conduct for board members
168Board members must comply with code of conduct
169Sanctions for failures to comply with code of conduct
170Validation and invalidation of board elections
171Interventions in State schools by Secretary or Minister
172Requirement to provide information
173Specialist help
174Action plans
175Case conference
176Specialist audit
177Performance notice
178Appointment of additional board member by Minister
179Amendment and revocation of notices
180Limited statutory manager
181Dissolution of board and appointment of commissioner
182No compensation for loss of office
183Commissioners
184Commissioner sets date for election of board members
185Personal liability of limited statutory managers and commissioners
186Annual review of interventions
187Application of interventions to State integrated schools
188Application of interventions to Kura Kaupapa Māori
189Overview: classifications and types of State schools
190Minister may establish State schools
191Single-sex schools
192Names of State schools
193Normal schools, etc
194Contributing schools
195Provision of education at composite schools
196Distance schools
197Specialist schools and special services
198Minister may change classification of school
199Minister may close State school
200Minister may designate and redesignate schools
201Kura Kaupapa Māori
202Te Aho Matua
203Protection of term Kura Kaupapa Māori
204Designated character schools
205Process for establishing designated character schools
206Minister may merge schools
207Restrictions on mergers in certain cases
208Property held in trust
209Consultation
210Community education forums
211State integrated schools part of State system
212Application to negotiate integration
213Secretary may require application for registration of school
214Registration of private schools
215Recognition of secondary–tertiary programmes
216Purpose
217Meaning of serious dispute
218Dispute resolution panels
219Chief Referee and deputy chief referees
220Functions of Chief Referee
221Application for dispute resolution
222Form of application
223Procedure on receipt of application
224Grounds for declining application
225Appointment of mediator
226Panel may make recommendation or determination
227Recommendations
228Determinations
229Participation in dispute resolution process
230Settlements
231Duty to comply with prescribed processes or procedures
232Duty to act independently
233Conflicts of interest
234Personal liability of Chief Referee and deputy chief referees
235Personal liability of panel members and mediators
236Confidentiality
237Enrolment records
238Building Act 2004
239Offence relating to failure to comply with notice given under section 46
240Offence relating to employing school-age children
241Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools
242Offence relating to interference with attendance officers
243Offence relating to failure to enrol
244Offence relating to irregular attendance
245Hearings of proceedings may be private
246Evidence of school roll, etc
247Burden of proof on parents
248Fines to be paid to board
249Offences relating to operation of private schools
250Outline of Part 4
251Purpose of Part 4
252Objectives of Part 4
253Roles within tertiary education and vocational education and training sectors
254Ministry may hold and disseminate information
255Enrolment of students
256Fees for domestic students
257Ministerial direction to institutions relating to compulsory student services fees
258Institutions to give prospective students information about fees
259Provisions about student loans and allowances and Student Allowance Appeal Authorities
260Programmes
261Membership of students association voluntary
262Prohibition on undue influence
263Complaints regarding undue influence
264Students association membership fees
265Application of sections 261 to 264 to private training establishments
266Object
267Academic freedom and institutional autonomy of institutions (other than NZIST)
268Establishment of institutions
269Constitution of institutions
270Disestablishment of institutions
271Institutions to be governed by councils
272Incorporation
273Common seal
274Method of contracting
275Constitution to provide for membership of council
276Membership of council
277Certain people disqualified from appointment
278Matters to be considered when appointing council members
279Statutes relating to appointment of members by councils of institutions
280Functions of councils
281Duties of councils
282Powers of institutions
283Powers of councils
284Statutes
285Delegation of council’s functions and powers
286Further provisions relating to delegation
287Criteria for risk assessment of institutions (other than NZIST)
288Institutions to provide information to TEC if required
289Minister may appoint Crown observers for institutions
290Minister may dissolve council and appoint commissioner
291Personal liability of commissioners
292Functions, duties, and powers of commissioner
293Minister to appoint advisory committee
294Duties of chief executive
295Delegation of chief executive’s functions and powers
296Further provisions applying to delegation
297Bank accounts
298Proper accounts to be kept
299How institutions may use income and capital
300Gifts
301Council may establish common fund
302Investment of funds held in common fund
303Income and capital of common fund
304Application of money
305Institutions are Crown entities
306Annual report
307Minister may require related entities to prepare statements or reports
308Annual report to be available for inspection
309Records relating to students
310Secretary may require information
311Vice-Chancellors Committee continued
312Functions of Vice-Chancellors Committee
313Powers of Vice-Chancellors Committee
314NZIST continued
315Functions of NZIST
316NZIST’s charter
317Minister may specify administrative regions for NZIST
318Academic freedom of NZIST
319NZIST must establish regional divisions
320Membership of NZIST’s council
321Matters to be considered when Minister appoints members to NZIST’s council
322Chairperson and deputy chairperson
323Term of office
324Determination of policy
325NZIST’s council must establish advisory committees
326Membership of advisory committees
327NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
328NZIST subsidiary must obtain consent before exercising certain powers
329Criteria for risk assessment of NZIST and related entities
330NZIST or related entity must provide information if required
331Minister may appoint Crown observer for NZIST
332Specialist help
333Performance improvement plan
334Minister may appoint Crown manager for NZIST
335Personal liability of Crown manager
336Powers may be used concurrently
337Minister may dissolve NZIST’s council and appoint commissioner
338NZIST’s council may request intervention
339Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
340 Formation of NZIST subsidiaries and provisions that apply
341Application of Schedule 14
342Minister may recognise categories of private training establishments
343Requirement to be registered before providing approved programmes or training schemes
344Application for registration as registered establishment
345NZQA may verify identity of governing members of private training establishment
346Grant or refusal of application
347Criteria for determining whether governing member is fit and proper person
348Conditions of registration
349Annual registration fee
350Cancellation of registration
351Effect of cancellation
352Lapse of registration
353Fees for domestic students and employers may not exceed maximums set in conditions of funding
354Information that private training establishments must give prospective students
355Application of rules relating to student fee protection
356Student fees must be deposited with independent trustee
357Refund entitlements of domestic students
358Rules apply if students withdraw because of programme or training scheme closure
359Requirement that funds be paid applies to all components of fee payable
360Ministerial direction to registered establishments relating to compulsory student services fees
361Duties of private training establishments to maintain student records
362Training agreements and apprenticeship training agreements part of employment agreement
363Establishment of workforce development councils
364Disestablishment of workforce development councils
365Incorporation
366Functions of workforce development councils
367Workforce development council’s functions in relation to wānanga
368Workforce development council may not operate registered establishment
369Duties of workforce development councils
370Annual fee payable by workforce development council
371NZQA may issue quality assurance improvement notice
372NZQA may issue compliance notice
373Application of Public Audit Act 2001
374Acts in breach of statute invalid
375Some natural person acts protected
376Apprenticeship training activities must be included in proposed plan
377Duties of persons carrying out apprenticeship training activities
378Minister may issue apprenticeship training code
379Availability of apprenticeship training code
380Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
381Purpose of levy
382Levy may be imposed by Order in Council
383Orders are confirmable instruments
384Restrictions on making of levy orders
385Further provisions relating to training levy
386Offences relating to information requests from MSD
387Other offences relating to information requests from MSD
388Offences relating to handling student fees
389Offences relating to duties to maintain student records
390Offences relating to use of certain terms
391Offences relating to false representations
392Offence to issue false qualifications and falsify records
393Offence to provide or advertise cheating services
394Offence relating to registration of private training establishments
395Offences relating to enrolment of international students at private training establishments or institutions
396Offences relating to allowances and student loans
397Injunctions and orders of High Court
398Liability of body corporate and directors in respect of certain offences
399Outline of Part 5
400Outline of framework for planning, funding, and monitoring in tertiary education sector
401TEC continued
402Composition of TEC
403Chief executive
404Responsibilities of chief executive
405Chief executive must monitor and report on institutions
406 Additional requirement of NZIST’s council to provide information
407Declaration of interests
408Principles guiding how TEC operates
409Functions of TEC
410Certain powers may not be delegated
411Duties of TEC in relation to workforce development councils
412Power of TEC to require information from workforce development council
413Power of TEC to audit workforce development councils
414Secretary may delegate certain functions and powers to TEC
415Minister may delegate functions or powers to TEC
416Minister may direct TEC
417Charging
418Application of Commerce Act 1986
419Minister must determine design of funding mechanisms
420Restrictions on design of funding mechanisms
421Funding mechanisms consistent with quality assurance principle
422TEC to implement funding mechanisms
423Variation of determination of design of funding mechanisms
424Criteria for assessing proposed plans
425TEC may fund tertiary education programmes and activities
426Conditions on receiving funding
427TEC may decline to assess proposed plans
428Funding other than via plans
429Conditions on funding received under section 428
430NZQA continued
431Constitution
432Chief executive of NZQA
433Functions of NZQA
434Additional functions of NZQA relating to entrance to universities
435Research
436Qualifications Framework
437Directory of Assessment Standards
438Standard-setting bodies
439Approval of programmes
440Conditions on programme approvals
441Accreditation to provide approved programmes
442Conditions on accreditation
443Lapse of accreditation
444Withdrawal of accreditation
445Application for training scheme approval
446Conditions of training scheme approval
447Lapse of training scheme approval
448Withdrawal of training scheme approval
449Consent to assess against standards
450Conditions on consent
451When consent expires or ceases to have effect
452Rules
453Exercise of certain powers of NZQA by Vice-Chancellors Committee
454Powers of NZQA in granting of awards
455NCEA may not be provided outside New Zealand
456Minister may consent to use of certain terms in name or description of registered establishment or wānanga
457Fees
458Power to obtain information
459Compliance notices
460Child care allowances
461Taxation
462Education services to which this subpart applies
463Chief Review Officer to perform certain functions
464Information requests
465Review officers
466Functions of Chief Review Officer
467Review officers
468Powers of review officers for purposes of section 466
469Review officers to prove identity before acting under section 468
470Functions of Chief Review Officer
471Review officers
472Powers of review officers for purposes of section 470
473Review officers to prove identity before acting under section 472
474Continuation of Teaching Council
475Composition of Teaching Council
476Ministerial appointment as member
477Disqualification from office
478Purpose of Teaching Council
479Functions of Teaching Council
480Powers of Teaching Council
481Ministerial powers
482Issue of statement of Government policy relating to Teaching Council’s functions
483Reports
484Advisory committees
485Code of conduct
486Teaching Council to make rules
487Delegations
488Chief executive and employees
489Mandatory reporting of dismissals and resignations
490Mandatory reporting of complaints received about former employees
491Mandatory reporting of possible serious misconduct
492Mandatory reporting of failure to reach required level of competence
493Mandatory reporting of convictions
494Disciplinary bodies
495Complaints about conduct
496Complaints and reports relating to teacher conduct
497Powers of Complaints Assessment Committee
498Interim suspension until matter about or involving possible serious misconduct concluded
499Duration of interim suspension
500Powers of Disciplinary Tribunal
501Evidence at Disciplinary Tribunal hearings
502Powers of Disciplinary Tribunal in relation to witnesses
503Privileges and immunities
504Appeals against decisions of disciplinary bodies
505Competence Authority
506Complaints about competence
507Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
508Powers of Competence Authority after finding required level of competence not attained
509Appeals against decisions of Competence Authority
510Education New Zealand continued
511Functions
512Membership of board of Education New Zealand
513Special advisers to board
514International education advisory committee
515Chief executive
516Responsibilities of chief executive
517Application of Part 2 of Commerce Act 1986
518Purpose of subpart 6
519Enrolment of international students
520Certain international students may enrol at State schools as of right
521Fees for international students
522Exemption from paying fees
523Board must reimburse the Crown for expenditure relating to international students
524Courses for international students
525Enrolment of international students
526Fees for international students
527Requirements that private training establishments must comply with before enrolling international students
528Exemptions
529Refund entitlements of international students
530Refund requirements set by Gazette notice
531Private training establishment to notify immigration officer if student withdraws from programme or training scheme
532Signatory providers may enrol persons as international students
533Providers must enrol persons as international students in certain circumstances
534Pastoral care codes of practice
535Sanctions for breach of code
536Student contract dispute resolution scheme established
537Cap on amount to be paid
538District Court to enforce DRS
539Rules of student contract dispute resolution scheme
540How export education levy may be applied
541Offence relating to providing or offering to provide NCEA outside New Zealand
542Offence relating to failure to report certain matters to Teaching Council
543Other offences
544Offence relating to breach of code resulting in serious harm to or death of students
545Pecuniary penalty relating to breach of code
546Relationship between offences and penalties
547Outline of Part 6
548Funding of certain early childhood services and certified playgroups
549Loans to licensed early childhood services
550Grants and supplementary grants to boards
551Discretionary grants to boards
552Minister may prescribe exemptions to mandatory condition
553Application of Legislation Act 2012
554Effect of non-compliance with conditions of earlier discretionary grants
555Grants for distance schools
556Grants to educational bodies
557Educational bodies to keep accounts
558Reduction in grants if limits not met
559School transport
560Centres situated on land owned by, or leased to, the Crown
561Minister may declare land no longer needed for educational purposes
562Rent for teachers’ residences
563Transfer of Crown assets and liabilities to institutions
564Transfer of land
565Title to land
566Land certification
567Māori land claims
568Registrar-General of Land to register memorial
569Resumption of land on recommendations of Waitangi Tribunal
570Resumption of land to be acquired under Public Works Act 1981
571Resumption of wāhi tapu
572Orders in Council relating to transfer of assets and liabilities
573Effect of disestablishment of institution
574Taxes and duties where disestablished institution incorporated into another institution
575Taxes and duties in other cases
576School risk management scheme
577School risk management scheme fee
578Payroll service
579Salaries of teachers at certain schools to be paid by the Crown
580Restrictions on payment of salaries of regular teachers by boards of payrolled schools
581Payment of salaries of relieving teachers and employment-based trainee teachers
582Limits on appointment and employment of regular teachers at payrolled schools
583Boards to comply with limit
584Secretary may grant exemptions in individual cases
585Application of Employment Relations Act 2000
586Negotiation of conditions of employment
587Public Service Commissioner’s powers when collective agreements are negotiated
588Boards indemnified by Public Service Commissioner
589Strikes in schools to be notified
590Boards to notify Public Service Commissioner about participation in strikes
591Personal grievances and disputes
592Delegation of Public Service Commissioner’s powers
593Negotiation of conditions of employment for employees of institutions
594Senior positions at institutions
595Actual conditions of employment
596Personal liability of education service chief executives and employees
597General principles
598Code of conduct
599Performance of teachers
600Equal employment opportunities
601Employees in education service
602Duty to act independently
603Appointments on merit
604Obligation to notify vacancies
605Restriction of compensation for technical redundancy arising from closure or merger of schools
606Appointment of employees following closure or merger of schools
607Acting appointments
608Chief executives of institutions
609Appointment of chief executive
610Reappointment of chief executive
611Conditions of employment of chief executive
612Removal from office
613Acting chief executive
614Power of Secretary to employ teachers
615Employment-based trainee teaching positions
616Agreements with trainee teachers
617Minister must issue eligibility criteria relating to appointment of principals
618Board may develop additional criteria relating to appointment of principals
619Secretary may require information for administration of Act
620Report on performance of school sector
621National student numbers
622Powers of entry and inspection for places other than dwelling houses
623Review officers to prove identity before acting under section 622
624Power to enter and inspect, without warrant, homes used by licensed home-based education and care services
625Review officers to prove identity before acting under section 624
626Powers of entry and inspection without warrant
627Powers of entry and inspection with warrant
628Powers of entry and inspection
629Entry where private school suspected of being unregistered
630Purpose of sections 631, 632, and 643
631Entry to inspect hostels
632Authorised persons
633Entry to inspect student accommodation subject to codes
634Powers of entry and inspection
635Entry and inspection powers elsewhere in Act
636Regulations relating to early childhood services
637Regulations relating to certifying playgroups
638Regulations relating to how schools must be run
639Regulations relating to planning, implementation, monitoring, and reporting for schools and boards
640Regulations relating to board elections and appointments
641Regulations relating to imposition of export education levy
642Regulations relating to school risk management schemes
643Regulations relating to school hostels
644Regulations relating to dispute resolution panels
645Regulations relating to student allowances
646Regulations relating to Student Allowance Appeal Authorities
647Regulations relating to charging by TEC
648Regulations relating to pastoral care
649Regulations relating to national student numbers
650Regulations relating to State integrated schools
651Regulations relating to composite schools
652General regulations
653Application and purpose of sections 654 to 658
654Power of Secretary to direct education entities
655Effect of directions
656Publication of directions
657Expiry of directions
658Academic freedom unaffected
659Power of boards to close schools
660Offence relating to attempt to influence employer
661Offences relating to national student numbers
662Offences relating to false representations
663Offence relating to obstructing power of entry
664Offence relating to inspection of hostels
665Offence relating to powers of entry and inspection
666Offence relating to breach of order of Student Allowance Appeal Authority
667Consequential amendments to this Act
668Consequential amendments to other enactments
669Repeals and revocations
Reprint notes

The Parliament of New Zealand enacts as follows: