Education and Training Bill

Education and Training Bill

Government Bill

193—1

Explanatory note

General policy statement

The Education and Training Bill (the Bill) establishes and regulates an education system to provide New Zealanders with lifelong learning opportunities so that they engage fully in society.

The Bill creates a new Education and Training Act which is simpler, more modern, and less prescriptive than the current legislation. It also implements policy changes that have resulted from the education work programme and undertakes the amendments required to support the Government’s response to the final report of the Tomorrow’s Schools Review Independent Taskforce.

Accessibility and workability

Education is critical to the well-being of children and young people and to their ability to fully participate in the labour market, society and their communities. It is essential that the relevant legislation is accessible and workable.

The Education Act 1964 and the Education Act 1989 (the 1964 and 1989 Acts) underpin the operation of the early childhood, schooling, and tertiary education systems. Some of the provisions are now dated and do not reflect current policy or practice. The legislation has been subject to many and frequent amendments resulting in a proliferation of Parts, areas of prescriptive detail, and unwieldy numbering.

An added complication is that key aspects of these systems are regulated by provisions in two other statutes. Vocational education and training is covered by the Industry Training and Apprenticeships Act 1992. Some education service employment and employee related matters are dealt with in the State Sector Act 1988.

The Bill consolidates this legislation into a single statute by replacing the Education Acts 1964 and 1989, Parts 7, 7A and 7B of the State Sector Act 1988, and those provisions of the Education (Update) Amendment Act 2017 that are subject to delayed commencement.

The Bill replicates provisions from the introduction version of the Education (Vocational Education and Training Reform) Bill. These provisions will be updated to reflect any changes made as a result of the progress of that Bill through the House of Representatives with a view to replacing the Industry Training and Apprenticeships Act 1992.

The Bill also replicates provisions from the introduction version of the Education (Pastoral Care) Amendment Bill. These provisions will be updated to reflect any changes made as a result of the progression of this Bill through the House of Representatives. Some of the pastoral care provisions will be moved directly to new regulations rather than remaining in the primary legislation.

Provisions have been updated to modernise language, correct errors, address inconsistencies, address the numbering and Parts, and to remove spent and redundant provisions. This will make the legislation clearer and more closely aligned with modern practice. Key updating changes include—

  • renaming “special schools” as “specialist schools”:

  • replacing the term “correspondence school” with “distance school” and defining “distance school” to reflect the use of digital technologies to deliver education:

  • clarifying that dual tuition can be offered online:

  • removing the ability for school principals to preclude “unclean” students from attending school.

In addition to an overarching purpose statement, to assist with understanding, the Bill includes purpose statements that cover early childhood education, primary and secondary education, tertiary education, and international students.

Legislative structure has been improved by grouping provisions in a more logical order. The Bill’s structure follows the journey of a student through the education system, progressing from early childhood education, to primary and secondary schooling and then to tertiary education and vocational training.

The Bill also provides for some matters currently dealt with in primary legislation to be located in regulations. These matters belong more properly in delegated legislation because they relate to technical detail and administration for which greater flexibility to respond to societal, technological and other changes, is desirable.

Some of the more detailed provisions relating to the operation of school boards of trustees, international students and pastoral care of domestic students, will be converted into regulations that take effect on the day after the date on which the Bill receives the Royal assent. Other provisions require updating before they can be converted to regulations.

Policy changes resulting from the education work programme

Early childhood education

The Bill establishes new licensing criteria for early learning services to enable licensing decisions to reflect demographic and community needs. This will provide for a more active network management approach for all new early learning education and care centres and home based services looking to enter the market, so that service provision is more closely aligned with the needs of parents, whānau, and communities. The Minister of Education will be able to decline a licence application where the specified criteria cannot be or are not met.

The Bill also—

  • amends the offence for a service provider operating an early childhood education and care centre without a licence where there is no reasonable excuse for doing so, to carry a maximum penalty of $50,000:

  • enables the Education Review Office (ERO) to obtain relevant information to enable it to access governance and management information from parent entities where it relates to early learning services under the control of those entities.

ERO currently has limited oversight of the quality of curriculum delivery by home-based educators and of the health and safety of children receiving home-based early childhood education. To improve ERO’s oversight of the home-based early childhood education sector, the Bill provides ERO with the power to enter homes where home-based early childhood education is taking place to “review and evaluate curriculum delivery and health and safety performance”.

The Bill also requires police vetting of all adults who live or may be present in a home in which children are receiving early childhood education.

Primary and secondary schooling

The Bill clarifies that the right to a free State education includes the right for enrolled students to attend the school in which they are enrolled for all the hours that the school is open for instruction. This will help those students not currently supported by their school to attend full-time, to realise that aspect of their right to education. It will also improve New Zealand’s compliance with related international obligations. It will be possible at the request of the parents for a student’s parents, the school principal, and the Secretary for Education to agree to vary a student’s hours of attendance as part of a non-renewable transition attendance plan of no more than six months duration. This is intended to meet concerns that this change will disadvantage those students whose families consider that their needs are best met by attending school for fewer hours. The transition plan must be considered by all parties involved to be in the child’s best interests.

The Bill’s structure also locates the different aspects of the right to a free State education, and related board duties and obligations, in one Part of the Bill (Part 3) to make it easier for students and their whānau to understand and realise these rights.

To protect the quality and reputation of the National Certificate of Educational Achievement (NCEA) qualification, the Bill prohibits, with two exceptions, the offshore awarding of NCEA and makes it an offence (carrying a maximum penalty of $10,000 to breach the prohibition). The exceptions are that distance schools can award NCEA to domestic students based offshore and NCEA can be awarded in Pacific Realm countries with which New Zealand has cross-government agreements enabling secondary schools in those countries to award NCEA. Both exceptions are permitted now. The prohibition closes a legislative loophole in the 1989 Act that prevents State schools, but not private schools, and tertiary education providers (TEPs) from awarding NCEA offshore. Under the Bill, the prohibition will apply to State schools, private schools, and TEPs.

To address the lack of certainty in the schooling sector about when and how school staff can use physical restraint, and what types of other physical contact with students are permitted, the Bill makes the following changes to the current “physical restraint” framework for schools:

  • including a requirement that physical force is used only as a last resort:

  • replacing the terms “physically restrain” and “physical restraint” with “physical force”, with consequential amendments to relevant definitions:

  • changing the threshold for when physical force can be used from when a teacher or authorised staff member reasonably believes “the safety of the student or of any other person is at serious and imminent risk” to when a teacher or authorised staff member reasonably believes “it is necessary to prevent imminent harm to the student or another person”:

  • defining “harm” for the purpose of these provisions as “harm to the health, safety, or well-being of the student or the person including any significant emotional distress suffered by the student or person”. This includes harm to other students, teachers, and teacher aides:

  • requiring the Secretary for Education to make rules defining ‘physical force’ within six months of the Bill receiving Royal Assent.

The Bill will make it easier for teachers to re-enter the profession after taking a break from teaching, while ensuring they are competent to teach. Teachers wanting to renew their practising certificates but who lack satisfactory recent teaching experience under the 1989 Act, will, in some circumstances, be able to instead undergo a refresh process prescribed in rules made by the Teaching Council.

The Bill also clarifies that in specified circumstances, satisfactory recent teaching experience can include overseas teaching experience and removes the now redundant requirement for the Teaching Council to audit teacher appraisals.

To make the school board election provisions more workable, the Bill provides that if a school board election has been invalidated and another election is required, the Minister will have an additional option of being able to appoint a commissioner to run the school until the new board is in place. Currently, the Minister can only reinstate the previous board which is not always feasible or desirable. The Bill also updates the provisions for notifying the community of casual board vacancies by removing the requirement to provide notice through community newspapers and enabling boards to use more modern means of communication.

The provision of religious instruction by schools will change from an opt out to an opt in process to reduce the administrative burden of complying with the law under the best practice recommendations in the current guidelines. Currently under the 1964 Act, it is not compulsory for students to attend religious instruction or observances held by their school, but if parents or guardians do not want their children to attend, they must inform the school principal of this in writing.

This has resulted in some children being placed in religious instruction sessions without the full and informed consent of parents and caregivers who may not have been aware of the religious instruction sessions occurring, or of the need to inform the principal in writing that they do not want their child to attend. The Bill will address this by requiring schools that provide religious instruction to operate an opt-in process. Schools can continue to operate an opt-out process for religious observances.

The Bill also makes two changes to strengthen governance arrangements. There is a new mandatory requirement for a staff representative on the board of Te Aho o Te Kura Pounamu (Te Kura), the distance school, and the Minister will be able to appoint a deputy chair to the Teaching Council.

Tertiary and vocational education and training

The Bill makes a number of changes to the student loans and allowances provisions administered by the Ministry of Social Development (MSD) to enable more efficient and effective use of client information and to align the limitation period for laying charges for information-related offences with the limitation periods that apply to similar offences administered by MSD under the 1989 Act and the Social Security Act 2018.

Amendments to support the Government’s response to the final report of the Tomorrow’s Schools Independent Taskforce

School governance

Several amendments give effect to the Government’s aim of strengthening school governance and improving transparency and accountability. The objectives for school boards of trustees under the 1989 Act have been revised to—

  • ensure school governance is underpinned by Te Tiriti o Waitangi and relevant student rights:

  • refocus boards on a wider range of objectives so that educational achievement is no longer the only primary objective—the Bill proposes that it is one of four primary objectives:

  • make it clear to boards what they have to do in order to meet the revised objectives.

To assist boards in meeting their objectives and carrying out their functions and duties effectively, the Bill enables the Minister to issue a mandatory national code of conduct for boards, backed up with the remedies of censure and removal from the board, where a member repeatedly and or significantly fails to comply with the minimum standards set out in the code of conduct. The code will apply to all board members, but the remedies will not apply to school principals. The code has been made a disallowable instrument to provide for external scrutiny through the Regulations Review Committee. The code’s status is also consistent with the approach taken to the Code of Conduct for teachers.

The Bill also introduces a requirement for boards to consult their students (as appropriate), staff and school when making bylaws (rules). As well as bringing boards into line with other entities empowered to make bylaws, it will also enable greater staff, student, and community engagement with key governance decisions that may significantly impact them.

Treaty of Waitangi/Te Tiriti o Waitangi

The Bill contains a number of amendments aimed at giving better effect to The Treaty of Waitangi/Te Tiriti o Waitangi (Te Tiriti). At the school level, changes to board objectives are the primary means of providing in legislation for boards to give better effect to meeting their obligations under Te Tiriti. Objective 4 requires boards to give effect to Te Tiriti by—

  • working to ensure that their plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori and te ao Māori:

  • taking all reasonable steps to make instruction available in te reo Māori and tikanga Māori:

  • achieving equitable outcomes for Māori students.

At the system level, the Bill makes it easier for those in the education sector to understand their rights and obligations under Te Tiriti by locating in one place key provisions in the Bill that recognise and respect the Crown’s responsibility to give effect to Te Tiriti.

The Bill will also enable the Minister of Education and the Minister for Māori Crown Relations: Te Arawhiti, after consultation with Māori, to jointly issue and publish a statement made and gazetted under the new Education and Training Act to specify what agencies serving the education system must do to give effect to public service objectives expectations in relation to Te Tiriti, with the objective of providing equitable education outcomes for all students. The intention is a formal and publicly accessible statement that provides greater specificity around what education agencies must do to comply with Te Tiriti.

Dispute resolution

To address long-standing unmet needs for an independent external dispute resolution scheme for the schooling sector, the Bill enables the Minister to establish local complaint and dispute resolution panels to help students and their whānau who have not been able to resolve serious rights-based disputes with the school.

Key features of the scheme include:

  • the purpose of the dispute resolution panels is to resolve serious disputes between students and their parents, and their school, in an effective, flexible, and timely manner:

  • serious disputes are defined as disputes relating to stand-downs, suspensions, exclusions, and expulsions, learning support, racism and other types of discrimination, physical and emotional safety, physical force, enrolment and attendance, rights to education, and other matters of a similar gravity:

  • panels will be made up of local members, and members from a central list of experts maintained by the Ministry, appointed by the Chief Referee:

  • the Chief Referee (and deputies, if required) will be appointed by the Minister and will be responsible for the oversight and management of panels:

  • panels will resolve disputes by mediation and determination and can make recommendations and, with the prior consent of both parties, binding decisions (the latter can be enforced by the parties through the courts):

  • panels can also recommend that boards reconsider their rules/bylaws or policies if they are inconsistent with student rights and make declarations that rules/bylaws or policies breach student rights:

  • to ensure accessibility and inclusion, there is no fee for accessing any of the panel services and panel processes and procedures will be culturally appropriate, accessible to disabled students, and will respect the diversity of the local student population:

  • where appropriate, such as removals disputes, panel processes, and procedures will also draw on restorative practices:

  • detailed matters including panel procedures and processes and appointment criteria and processes for panel members, will be provided for in regulations.

Other amendments

The Bill shifts the responsibility for developing, consulting on and reviewing enrolment schemes from boards of trustees to the Ministry who will give effect to it at a regional delegation level. This will reduce the compliance burden for boards, provide more transparency and consistency for the system, and mitigate the risk of enrolment zones being used to serve the interests of individual schools in a way that causes detriment to other schools and students, and instead focus on what is best for all learners and schools in the area. It will enable a more cohesive approach to managing the provision of quality education for all learners within a community, their whānau, and the regional schooling network. The Bill also changes the frequency for reviewing a school’s enrolment scheme from annually to at least once every three years.

The Bill requires the Minister to issue minimum eligibility criteria for appointments to school principal roles. This will help to strengthen leadership in the schooling system. The criteria will take the form of minimum national standards that apply to all principal appointments made after the criteria has come into force. The criteria will be issued by Gazette notice and will come into force six months after its gazettal to allow sufficient time for the criteria to be socialised with the sector.

The Bill also enables ERO to make written requests for information related to on-site reviews.

Departmental disclosure statement

The Ministry of Education is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

The Ministry of Education produced 15 regulatory impact assessments and one supplementary analysis report to help inform the main policy decisions taken by the Government relating to the contents of this Bill:

Regulatory impact assessments

  • Raising the quality of home-based early childhood education:

  • Prohibiting the awarding of NCEA offshore:

  • Strengthening the right to education by confirming the right to attendance:

  • Creating a pathway for teachers without recent teaching experience to return to teaching:

  • Power for the Minister to appoint a Commissioner if a board of trustees election is declared invalid:

  • Student loans and allowances:

  • Board role in enrolment schemes:

  • Code of Conduct for School Boards of Trustees:

  • Education and Training Bill – Giving Better Effect to Te Tiriti o Waitangi:

  • Establishing dispute resolution panels:

  • Principal Appointment Eligibility Criteria:

  • Refocussing the role of school boards of trustees:

  • Clarification of the Education Review Office’s powers in respect of parent entities:

  • Improving workability of physical restraint legislative framework:

  • Clarification of Network Planning in Early Learning.

Supplementary analysis report

  • Progressing religious instruction within the Education and Training Bill:

Clause by clause analysis

Overview

This Bill replaces the Education Act 1964, the Education Act 1989, and Parts 7, 7A, and 7B of the State Sector Act 1988. It draws together provisions relating to education and training while modernising them and incorporating policy initiatives. They are organised as follows:

  • Part 1 sets out the Bill’s preliminary provisions:

  • Part 2 sets out the provisions regarding early childhood education:

  • Part 3 sets out the provisions regarding primary and secondary education:

  • Part 4 set out the provisions regarding tertiary and vocational education and training:

  • Part 5 sets out the provisions regarding performance, funding, and support:

  • Part 6 sets out the provisions regarding the administration of the education system.

Clause 1 is the Title clause.

Clause 2 is the commencement clause. It provides that clauses 86, 129, 133 to 141, 151, 152, and clause 3 of Schedule 6 come into force on 1 January 2023. Clause 122(1)(d) comes into force on 1 January 2021. The rest of this Bill comes into force on the day after the date on which the Bill receives the Royal assent.

Part 1Preliminary provisions

Clause 3 provides an outline of the Bill.

Clause 4 sets out the purpose of the Bill.

Clause 5 provides that the Minister may issue a statement of national education and learning priorities for early childhood education, primary education, and secondary education.

Clause 6 provides that the Minister and the Minister for Māori Crown Relations may jointly issue a statement that sets out expectations for agencies serving the education system.

Clause 7 provides that the Minister must issue a tertiary education strategy that sets the Government’s long-term strategic direction for tertiary education and current and medium-term priorities for tertiary education.

Clause 8 provides that the Minister may issue an international education strategy that sets out the Government’s long-term strategic direction for international education and its current and medium-term priorities for international education.

Clause 9 indicates how the Bill recognises and respects the Crown’s responsibility to take appropriate account of Te Tiriti o Waitangi.

Clause 10 is the interpretation clause. It sets out the defined terms used in the Bill.

Clause 11 indicates that the transitional, savings, and related provisions are set out in Schedule 1.

Clause 12 provides that the Bill is to bind the Crown.

Part 2Early childhood education

Clause 13 provides an outline of Part 2.

Clause 14 sets out the purpose of Part 2.

Subpart 1—Licensing and certification

Clause 15 provides that service providers who operate early childhood education and care centres must be licensed.

Clause 16 provides that service providers who operate home-based education and care services or hospital-based education and care services may, but need not, be licensed.

Clause 17 provides that a person must apply to the Minister for approval to apply for a licence.

Clause 18 provides that a licensed home-based education and care service may be provided to no more than 4 children per home.

Clause 19 provides that service providers who operate playgroups may, but need not, be certified.

Clause 20 concerns the rules that apply to certain material incorporated by reference.

Clause 21 requires those who are running licensed early childhood services to keep certain records.

Subpart 2—Administration

Clause 22 provides that the Minister may prescribe or change curriculum frameworks for licensed early childhood services and certified playgroups.

Clause 23 prohibits corporal punishment and seclusion in early childhood services.

Clause 24 requires Police vetting in respect of early childhood education services.

Clause 25 provides that fees may be charged for attending kindergarten.

Clause 26 provides that a parent of a child may, with certain exceptions, enter the premises of a licensed early childhood education and care centre or a licensed home-based education and care service when the child is there.

Subpart 3—Offences

Clause 27 sets out an offence for operating certain services without a licence. The punishment for the offence is a fine not exceeding $50,000. Failure to inform the Secretary for Education (the Secretary) of a closure attracts a fine not exceeding $200.

Clause 28 sets out an offence for obstructing a person exercising a power of entry under clause 26. The punishment for the offence is a fine not exceeding $2,000.

Clause 29 sets out an offence for insulting, abusing, or intimating teachers or staff members of early childhood education and care centres. The punishment for the offence is a fine not exceeding $1,000.

Part 3Primary and secondary education

Clause 30 provides an outline of Part 3.

Clause 31 sets out the purpose of Part 3.

Subpart 1—Priorities, rights, and responsibilities

Clause 32 provides that domestic students have the right to free enrolment and free education at State schools.

Clause 33 provides that people who have special educational needs have the same rights to education at State schools as people who do not.

Clause 34 provides that domestic students aged between 6 and 16 must be enrolled at registered schools.

Clause 35 provides that students required to enrol at registered schools are required to attend them whenever they are open.

Clause 36 provides for enrolment in respect of special education at State schools and specialist schools.

Clauses 37 to 40 concern exemptions from clause 34.

Clauses 41 to 43 concern exemptions from clause 35.

Clause 44 provides that the Secretary may require the enrolment of certain children at distance schools.

Clause 45 provides a process that a parent may use to require reconsideration of a special education enrolment direction or refusal.

Clause 46 provides that boards of State schools may appoint attendance officers.

Clause 47 sets out the powers of attendance officers and constables.

Release from tuition

Clauses 48 to 50 provide means by which students in State schools may be released from tuition in respect of a particular class or subject or in certain circumstances.

Clause 51 provides that boards may authorise students to undertake courses or obtain work experience or make visits outside school premises.

Clause 52 sets out restrictions on employing school-age children.

Religious instruction and observances at State primary and intermediate schools

Clause 53 provides that clauses 54 to 58 apply to religious instruction and observances in State primary and intermediate schools.

Clause 54 concerns the use of school buildings in State schools for religious instruction or observances.

Clause 55 provides that the Minister may authorise the provision of additional religious instruction in State schools in certain circumstances.

Clause 56 provides that a student at a State school may only attend or take part in religious instruction at the school if a parent of the student confirms to the principal in writing that they wish for the student to do so.

Clause 57 provides that a student at a State school may not be required to attend or take part in religious observances at the school if a parent of the student does not wish for the student to do so and makes that wish known in writing to the principal.

Clause 58 provides that teachers at State schools may be released from school duties to take part in religious instruction.

Miscellaneous provisions

Clause 59 provides certain exemptions from taxation.

Subpart 2—Restrictions on right to enrol and attend school

Restrictions on enrolment at primary school

Clause 60 sets out restrictions on primary school enrolment.

Clause 61 provides that State schools or State integrated schools may adopt or revoke a cohort entry policy.

Clause 62 sets out the dates for starting school under a cohort entry policy.

Clause 63 requires school boards to take reasonable steps to discover and consider the views of certain groups when considering whether to adopt or revoke a cohort entry policy.

Clause 64 requires the Minister to publish the mid-term start dates for the following year.

Restrictions on enrolment at secondary school

Clause 65 sets out restrictions on secondary school enrolment.

Clause 66 sets out restrictions on distance school enrolment.

Clause 67 provides that some domestic students may have to pay fees for tuition from distance schools.

Clause 68 allows the boards of State schools to provide adult and community education.

Enrolment schemes

Clause 69 sets out the purpose and principles of enrolment schemes.

Clause 70 specifies the content of enrolment schemes.

Clause 71 sets out how enrolment schemes work.

Other restrictions on enrolment and attendance

Clause 72 provides that the Secretary may, on the recommendation of the chief executive of Oranga Tamariki, direct students to attend particular schools.

Clause 73 provides that principals may preclude students for health reasons.

Clauses 74 to 85 concern stand-downs, suspensions, exclusions, and expulsions. Clause 85 provides that the Secretary may make rules regarding these matters.

Subpart 3—Teaching, learning, and well-being

Curriculum and performance measures of schools

Clause 86 provides that the Minister may publish foundation curriculum policy statements, national curriculum statements, and national performance measures.

Clause 87 provides that State school boards must adopt statements on the delivery of the health curriculum.

Restrictions on appointment and continued employment of teaching staff

Clause 88 sets out restrictions on the appointment of teachers.

Clause 89 sets out restrictions on the continued employment of teachers.

Clause 90 provides that chief executives of distance schools are not required to be registered.

Clause 91 sets out restrictions on teachers who are subject to interim suspension.

Clause 92 provides further provisions relating to the registration of teachers, practising certificates, and authorities to teach.

Other restrictions and requirements

Clause 93 provides that teaching in State primary and intermediate schools must be secular.

Clause 94 prohibits corporal punishment and seclusion in schools and institutions.

Clause 95 sets out limits on the use of physical force in registered schools.

Clause 96 requires the Secretary to make rules prescribing the practice and procedure to be followed by employers, principals, teachers, and authorised staff members in relation to physical force at registered schools.

Clause 97 requires the Secretary to issue guidelines on the use of physical force in registered schools.

Clause 98 provides a means by which students in State schools may be released from tuition in respect of a particular class or subject or in certain circumstances.

Clause 99 requires principals of State schools to ensure that students receive guidance, counselling, and career education, and to inform their parents of certain matters.

Clause 100 indicates that the provisions relating to Police vetting in respect of primary and secondary schools are set out in Schedule 4.

Subpart 4—Searches and surrender of property

Clauses 101 to 110 set out provisions regarding searches and the surrender of property. Clause 110 requires the Secretary to issue guidelines for exercising the powers and carrying out the functions set out in clauses 102 to 109.

Subpart 5—Administration of State schools

General provisions

Clause 111 indicates that the provisions relating to when State schools must be open are set out in Schedule 20.

Clause 112 provides that the Minister may approve communities of learning.

Clause 113 provides that State schools may use off-site locations that the Minister has approved.

Functions and powers of boards

Clause 114 requires State schools and special institutions to have boards.

Clauses 115 to 119 set out the main constitutional requirements for boards.

Clause 120 provides that boards are the governing bodies of their schools.

Clause 121 provides that boards may make bylaws.

Clause 122 sets out the objectives of boards.

Clause 123 provides that boards may appoint, suspend, and dismiss school staff.

Clause 124 provides that boards may appoint principals.

Clause 125 provides that principals are the chief executives of boards in relation to the control and management of schools.

Clause 126 provides that boards have complete discretion to perform their functions and exercise their powers as they think fit.

Clause 127 sets out what boards may do.

Clause 128 provides that boards must take all reasonable steps to ensure that the policies and practices for their schools reflect New Zealand’s cultural diversity.

Clause 129 requires boards to give the Secretary statements of variances and annual reports.

Clause 130 requires boards to submit their annual financial statements to the Auditor-General, which the Auditor-General must audit.

Clause 131 requires boards to ensure that their annual reports are available to the public on Intranet sites maintained by them or on their behalf.

Clause 132 requires boards to provide its audited annual financial statements to the Secretary.

Strategic planning and reporting

Clause 133 requires boards to have a strategic plan and an annual implementation plan.

Clause 134 sets out the requirements for preparing draft strategic plans.

Clause 135 requires the Secretary to review draft strategic plans with a view toward approving them or returning them to boards to be revised as directed.

Clause 136 provides that boards may amend their strategic plans and the Secretary may require boards to amend their strategic plans.

Clause 137 provides for the expiry of strategic plans.

Clause 138 sets out the requirements for preparing annual implementation plans.

Clause 139 provides that boards may amend their annual implementation plans.

Clause 140 requires boards to monitor and evaluate their performance against their strategic plans and their annual implementation plans.

Clause 141 requires boards to ensure that their strategic plans and annual implementation plans are available to the public on Internet sites maintained by them or on their behalf.

Financial and property matters and application of Crown Entities Act 2004

Clause 142 requires boards to be financially responsible.

Clause 143 applies certain provisions of the Crown Entities Act 2004 to boards.

Clause 144 sets out restrictions on the acquisition of securities.

Clauses 145 sets out restrictions on borrowing.

Clause 146 provides that boards may not delegate certain powers to borrow money.

Clause 147 sets out restrictions on giving guarantees and indemnities.

Clause 148 sets out restrictions on the use of derivatives.

Clause 149 concerns the treatment of gifts.

Clause 150 provides that boards may not acquire an interest in land without the Minister’s consent.

Programmes and monitoring

Clause 151 requires boards to ensure that their principals and staff develop certain teaching and learning programmes.

Clause 152 requires boards to ensure that their principals and staff monitor and evaluate the performance of their students.

Code of conduct

Clause 153 provides the Minister may issue a code of conduct for members of State school boards.

Clause 154 provides that boards may augment any issued code of conduct.

Clause 155 requires every board member to comply with any issued code of conduct.

Clause 156 sets out sanctions for failures to comply with a code of conduct.

Validation

Clause 157 concerns the validation and invalidation of board elections.

Interventions in State schools

Clause 158 sets out the interventions that may be used by the Secretary or the Minister in relation to State schools.

Clause 159 provides that the Secretary may require boards to provide specified information.

Clause 160 provides that the Secretary may require boards to engage specified specialist help.

Clause 161 provides that the Secretary may require boards to prepare and carry out an action plan.

Clause 162 provides that the Secretary may require boards to attend case conferences on specified dates.

Clause 163 provides that the Secretary may require boards to engage appropriately qualified persons to undertake specialist audits of any aspect of their schools’ affairs.

Clause 164 provides that the Secretary may issue performances notice requiring boards to carry out specified actions by specified dates.

Clause 165 provides that the Minister may appoint additional board members.

Clause 166 provides for the amendment and revocation of notices that the Secretary gives under clauses 159 to 164, 167, and 168.

Clause 167 provides that the Minister may direct the Secretary to appoint limited statutory managers for boards.

Clause 168 provides that the Minister may dissolve boards and direct the Secretary to appoint a commissioner to replace them.

Clause 169 provides that board members are not entitled to compensation relating to ceasing to be board members.

Clause 170 provides that commissioners have all the functions, powers, and duties of the boards that they are appointed to replace.

Clause 171 provides that commissioners must, in certain circumstances, appoint a date for the election of board members.

Clause 172 provides that limited statutory managers or commissioners are not personally liable for any act done or omitted if the act or omission was in good faith and occurred in the course of carrying out their functions.

Clause 173 requires the Secretary to review the operation of interventions annually.

Clause 174 requires the Secretary to consult with the proprietors of State integrated schools before appointing limited statutory managers or commissioners for their schools.

Clause 175 requires the Secretary to consult with te kaitiaki o Te Aho Matua before applying interventions to a Kura Kaupapa Māori.

Subpart 6—Establishment and designation of State schools

Clause 176 sets out an overview of the classifications and types of State schools.

Clause 177 provides that the Minister may establish State schools.

Clause 178 provides that the Minister may declare schools to be a single sex or co-educational schools.

Clause 179 provides for the naming of State schools.

Clause 180 provides that the Minister may designate primary schools as normal or model schools.

Clause 181 requires the Minister to determine which primary schools are to be or cease to be contributing schools.

Clause 182 provides that the Minister may require boards of composite schools to provide education for specified year levels.

Clause 183 provides that the Minister may designate State schools as distance schools.

Clause 184 provides that the Minister may establish specialist schools and special services.

Clause 185 provides that the Minister may change the classifications of State schools.

Clause 186 provides that the Minister may close State schools.

Clause 187 provides that the Minister may designate and redesignate schools or remove their designations.

Clause 188 provides that the Minister may, when establishing State schools as character schools designate the schools as Kura Kaupapa Māori.

Clause 189 provides that the official version of Te Aho Matua is the statement in te reo Māori that is prepared by te kaitiaki o Te Aho Matua and published in the Gazette.

Clause 190 provides for the protection of the term Kura Kaupapa Māori.

Clause 191 provides that the Minister may designate State schools as designated character schools.

Clause 192 sets out a process for establishing designated character schools.

Clause 193 provides that the Minister may merge State schools.

Clause 194 places certain restrictions on mergers involving Kura Kaupapa Māori.

Clause 195 requires the Minister to consult the boards before deciding certain matters concerning State schools.

Clause 196 provides that the Minister may appoint a person to convene public meetings relating to actions that the Minister proposes to take concerning State schools.

Clause 197 provides that, on integration, State integrated schools become part of the State system of education. Other provisions relating to State integrated schools are set out in Schedule 6.

Clause 198 provides an application process for certain schools to become State integrated schools.

Subpart 7—Private schools

Clause 199 provides for the registration of private schools.

Clause 200 concerns the registration of private schools. It indicates that other provisions regarding private schools are set out in Schedule 7.

Subpart 8—Secondary–tertiary programmes

Clause 201 provides that the Minister may recognise secondary–tertiary programmes.

Subpart 9—Resolving serious disputes

Clause 202 states the purpose of subpart 9 of Part 3. The purpose is to facilitate and promote the resolution of serious disputes between students and their schools in an effective, flexible, and timely manner.

Clause 203 sets out the meaning of a serious dispute.

Clause 204 provides that the Governor-General may, on the recommendation of the Minister, establish 1 or more dispute resolution panels.

Clause 205 requires the Minister to appoint a Chief Referee.

Clause 206 sets out the functions of the Chief Referee.

Clause 207 provides that a student or a student and the student’s whānau may apply to the Chief Referee for a serious dispute to be resolved by a dispute resolution panel.

Clause 208 sets out the dispute resolution process.

Clause 209 provides that dispute resolution panels may make certain recommendations.

Clause 210 sets out the determinations that a dispute resolution panel may make.

Clause 211 deals with the dispute resolution process. It provides that the relevant school that is a party to the serious dispute must participate in any meetings convened by a mediator or the panel. However, participation by the student or the student and their whānau is voluntary. If they choose to participate, they may bring a support person (other than one providing legal assistance) to the meeting.

Settlements

Clause 212 provides that if a serious dispute is resolved by mediation, the mediator may, at the request of the parties, sign the agreed terms of settlement.

General provisions

Clause 213 requires dispute resolution panel members to act independently when performing the functions and exercising the powers of the panel and to withdraw from a panel if the member has a material conflict of interest in relation to any serious dispute referred to the panel.

Clause 214 provides that panel members are not personally liable for any act or omissions of the panel done or omitted in good faith.

Clause 215 provides for confidentiality in respect of the dispute resolution process.

Subpart 10—Miscellaneous provisions

Clauses 216 and 217 provide that the Secretary may assist in the provision of school transport.

Clause 218 requires principals of registered schools to ensure that enrolment records are kept in the form and contain the information that the Secretary may require.

Clause 219 provides that a person inspecting sitework or a building under the Bill must provide written notice of any non-compliance with the Building Act 2004 to the relevant territorial authority.

Subpart 11—Offences

Clause 220 sets out an offence relating to the failure to comply with notices given under clause 44. The punishment for the offence is a fine not exceeding $3,000.

Clause 221 sets out an offence relating to the employment of school-age children. The punishment for the offence is a fine not exceeding $1,000.

Clause 222 sets out an offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools. The punishment for the offence is a fine not exceeding $1,000.

Clause 223 sets out an offence relating to interference with attendance officers. The punishment for the offence is a fine not exceeding $1,000.

Clause 224 sets out an offence relating to the failure to enrol. The punishment for the offence is a fine not exceeding $3,000.

Clause 225 sets out an offence relating to irregular attendance. The punishment for the offence is a fine not exceeding $30 per school day, $300 for a first offence, or $3,000 for a second or subsequent offence.

Clause 226 provides that proceedings regarding clause 224 or 225 must be held in private.

Clause 227 provides that a certificate from the principal is, in the absence of proof to the contrary, sufficient evidence of certain stated matters in proceedings regarding clause 224 or 225.

Clause 228 provides that parents have the burden of proving certain matters in proceedings regarding clause 224 or 225.

Clause 229 provides that fines recovered under clause 224 or 225 must be paid to the board on whose behalf the proceedings concerned were commenced.

Clause 230 sets out offences relating to the operation of private schools. The punishment for each offence is a fine not exceeding $200 per day.

Part 4Tertiary and vocational education and training

Clause 231 provides an outline of Part 4.

Clause 232 sets out the purpose of Part 4.

Subpart 1—Preliminary matters

Clause 233 states the object of the provisions in Part 4 relating to tertiary education.

Clause 234 sets out the roles of the Ministry, the New Zealand Qualifications Authority (NZQA), and the Vice-Chancellors Committee within the tertiary education sector.

Clause 235 provides that the Ministry may hold any information collected by the Tertiary Education Commission (TEC) and NZQA and may disclose any information held on their behalf to them or to any other person that is entitled to receive it.

Clause 236 sets out when a person is eligible to be enrolled at a tertiary institution.

Fees

Clause 237 provides that an institution’s council may fix, or specify a means to determine, tuition fees for domestic students in relation to programmes of study or training at the institution and for the provision of student services.

Clause 238 provides that the Minister may give an institution a written direction relating to compulsory student services fees.

Clause 239 requires an institution to ensure that prospective students receive written information about the fees and costs payable in relation to their programmes (including tuition fees, course-related costs, and fees payable for student services) before their enrolment is completed.

Student loans and allowances

Clause 240 indicates that provisions relating to student loans and allowances and Student Allowances Appeal Authorities are set out in Schedules 9 and 10.

Subpart 2—Teaching, learning, and well-being

Clause 241 provides that an institution’s council may determine the programmes of study or training to be provided at the institution.

Student associations

Clause 242 affirms that membership of a student association at an institution is voluntary.

Clause 243 provides that a person may not exert undue influence on a student or prospective student with the intent of making the person become, remain, cease to be, or not become a member of a students association.

Clause 244 provides that a student or prospective student may lodge a complaint with an institution’s council if they believe that a person has exerted undue influence on them in breach of clause 243.

Clause 245 provides that a person is not required to pay a student association membership fee unless the person has chosen to become or remain a member of the association.

Clause 246 provides that clauses 242 to 245 apply to private training establishments with the necessary modifications.

Subpart 3—Administration of tertiary institutions

Clause 247 affirms the academic freedom and autonomy of institutions generally. The provision does not apply to the New Zealand Institute of Skills and Technology (NZIST), which is covered separately in clause 305.

Clause 248 provides that institutions may be established by Order in Council made on the recommendation of the Minister.

Clause 249 requires an Order in Council establishing an institution to make provision for determining the people who are to constitute the institution.

Clause 250 provides that institutions may be disestablished by order made on the recommendation of the Minister. However, an order may not be made disestablishing a university unless the House of Representatives has passed a resolution approving its disestablishment.

Councils

Clause 251 provides that the governing body of NZIST is its council appointed under clause 307 and the governing body for every other institution is its council constituted under Part 4.

Clause 252 provides that each institution is a body corporate with perpetual succession.

Clause 253 provides that institutions may have common seals if their councils adopt them by statute.

Clause 254 provides that institutions may enter into contracts or other enforceable obligations in accordance with certain requirements.

Clauses 255 to 259 concern the constitution of councils.

Functions and duties of councils

Clause 260 states the functions of institutions’ councils. These include appointing a chief executive of the institution, preparing and submitting proposed plans for funding, determining the policies of the institution, and undertaking planning relating to the institution’s long-term strategic direction.

Clause 261 specifies the duties of institutions’ councils in performing their functions and exercising their powers under the Bill.

Powers of institutions and councils

Clause 262 specifies the powers of institutions and provides that certain powers may not be exercised without the written consent of the Secretary.

Clause 263 specifies the powers of institutions’ councils.

Clause 264 provides that institutions’ councils may make statutes in relation to certain matters.

Clauses 265 and 266 provide that institutions’ councils may delegate their functions or powers under the Bill or any other Act to the their chief executive or an academic committee appointed under clause 263.

Institutions at risk

Clause 267 provides that the Secretary may determine criteria for assessing the level of risk to the operation and long-term viability of institutions and provides for graduating scale of Ministerial intervention in institutions at risk.

Clause 268 provides that the chief executive of TEC may require councils to provide certain information.

Interventions

Clauses 269 to 280 set out the interventions that are available with respect to institutions.

Chief executives of institutions

Clauses 281 to 283 relate to appointments of chief executives of institutions. Chief executives may delegate any of their functions or powers to academic committees or to any member of the staff of the institution.

Financial matters and application of Crown Entities Act 2004

Clauses 284 to 291 deal with financial matters relating to institutions, including the establishment and operation of bank accounts, common funds, and the investment and application of money.

Clause 292 provides that every institution is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004 but that Act applies to institutions only to the extent specified in clause 292.

Clause 293 requires each institution to provide the Minister with an annual report as soon as practicable after the end of each academic year.

Clause 294 provides that the Minister may require an institution to prepare 1 or more statements or reports for the Minister if the Minister has reasonable grounds to believe that the institution is at risk due to the institution’s investment in a related entity.

Clause 295 requires institutions to make their annual reports available for inspection, free of charge, at the offices of their councils.

Miscellaneous provisions

Clause 296 requires institutions to keep student records.

Clause 297 enables the Secretary to request statistical information from institutions about students, or a particular class of students, at those institution.

Vice-Chancellors Committee

Clause 298 continues the Vice-Chancellors Committee in relation to institutions that are universities.

Clauses 299 and 300 state the functions and powers of the Vice-Chancellors Committee.

Subpart 4—New Zealand Institute of Skills and Technology

Clauses 301 to 322 carry over the provisions contained in the Education (Vocational Education and Training Reform) Amendment Bill (new Part 15A of the Education Act 1989) relating to the New Zealand Institute of Skills and Technology (NZIST). Those provisions establish NZIST as an institution for the purposes of the Education Act 1989 and the Crown Entities Act 2004, provide for its council, and enable the Minister to exercise a graduating scale of interventions in NZIST if the Minister has reasonable grounds to believe the institution is at risk or serious risk.

Clause 301 establishes NZIST as an institution alongside universities and wānanga and enables its name to be changed by Order in Council made on the recommendation of the Minister.

Clause 302 confers functions on NZIST that reflect its leadership role in the vocational education and training sector.

Clause 303 requires NZIST to give effect to its charter (as set out in Schedule 13) and to report, in its annual report, on how it has given effect to the charter. Clause 303(3) clarifies that NZIST’s duty to give effect to the charter is owed to the Minister.

Clause 304 provides that the Minister may specify administrative regions for NZIST.

Clause 305 affirms the academic freedom of NZIST.

Clause 306 requires NZIST to establish regional divisions for the purposes of appointing members to its staff committee or a students’ committee and appointing directors to its subsidiaries.

NZIST’s council

Clause 307 relates to NZIST’s council. It provides that the council must have at least 8, but not more than 12, members, including 1 person who must be elected by the regional representatives of its staff committee, 1 person who must be elected by the regional representatives of its students’ committee, and 1 person who must be elected by its Māori advisory committee. The rest of the members are to be appointed by the Minister.

Clause 308 sets out criteria that the Minister must have regard to when appointing members to NZIST’s council. These include the need to have regard to the principle that it is desirable that council membership should, as far as possible, reflect the ethnic, gender, and socio-economic diversity, and the diversity of abilities, of New Zealand’s population and the fact that New Zealand is made up of a number of regions.

Clause 309 provides that the Minister may appoint a chairperson and deputy chairperson of the NZIST’s council.

Clause 310 states the term of office of NZIST’s council members.

Additional provisions applying to NZIST’s council and subsidiaries

Clause 311 relates to the determination of policy by NZIST’s council on any matter and provides that NZIST’s council must consult any board, committee, or other body established within NZIST that has responsibility for giving advice in relation to, or for giving effect to, NZIST’s policy on the matter.

Clause 312 provides that NZIST’s council must establish 3 advisory committees, being a staff committee, a students’ committee, and a Māori advisory committee, and requires NZIST’s council to consult the committees on significant matters relating to NZIST’s strategic direction.

Clause 313 sets out the criteria for appointment of members to committees under clause 312.

Clause 314 imposes a specific requirement on NZIST to obtain the written consent of the Secretary for capital projects of NZIST or an NZIST subsidiary that are not within a capital plan approved by the Secretary or that meet or exceed any thresholds for capital projects published by the Secretary on the Ministry’s Internet site.

Clause 315 provides that an NZIST subsidiary may not exercise any of the powers listed in clause 262(4) (which include the power to sell or dispose of assets and to borrow) unless NZIST has obtained the consent of the Secretary.

Interventions

Clauses 316 and 317 concern the exercise of statutory interventions by the Minister or the chief executive of TEC at graduated levels of risk to NZIST and a related entity of NZIST or risk related to the education and training performance of students enrolled at NZIST and a related entity of NZIST.

Application of Crown Entities Act 2004 to NZIST’s council

Clause 318 provides that certain additional provisions of the Crown Entities Act 2004 apply to NZIST’s council and its members.

Specific provisions relating to NZIST subsidiaries

Clause 319 clarifies that NZIST may form subsidiaries if NZIST has obtained the written approval of the Minister. Clause 319(2) empowers the Governor-General by Order in Council made on the recommendation of the Minister to disapply specified provisions of the Bill to any newly formed NZIST subsidiary that does not provide education and training.

Clause 320 states the duration of certain NZIST subsidiaries. Those NZIST subsidiaries continue in existence until the close of 31 December 2022. However, the Governor-General may, by Order in Council made on the recommendation of the Minister, extend the duration to a date specified in the order.

Clause 321 provides for the dissolution of NZIST subsidiaries by NZIST’s council.

Clause 322 provides that Schedule 14 applies on the dissolution of an NZIST subsidiary.

Subpart 5—Private training establishments

Clause 323 provides that the Minister may recognise community tertiary education providers.

Clause 324 provides that a private training establishment must be registered before it provide any approved programme or training scheme to students.

Applications for registration

Clause 325 provides for registration of private training establishments by NZQA.

Clause 326 provides that NZQA may require private training establishments to provide evidence of the identities of its governing members.

Determination of application

Clause 327 concerns the grant or refusal of an application of a private training establishment to be registered.

Clause 328 sets out the criteria for determining whether a governing member of a private training establishment is a fit and proper person.

Conditions and other requirements of registration

Clause 329 sets out the conditions that apply to a private training establishment’s registration.

Clause 330 requires a private training establishment to pay an annual registration fee to NZQA.

Cancellation and lapse of registration

Clause 331 states when NZQA may and must cancel the registration of a private training establishment.

Clause 332 states the effect of cancellation of a private training establishment’s registration. If registration is cancelled, all approved programmes or training schemes, accreditations, and consents to assess against standards granted to the establishment are withdrawn.

Clause 333 provides that a private training establishment’s registration lapses if the establishment does not provide an approved programme or approved training scheme to enrolled students within 1 year after its registration is granted or after 1 year of ceasing to provide any approved programme or training scheme to enrolled students.

Fees for domestic students

Clause 334 provides that a registered private training establishment that receives funding from TEC may not fix tuition fees for domestic students that exceed the maximum amount specified in any condition imposed by TEC.

Information that must be given to prospective students

Clause 335 requires a private training establishment to ensure that prospective students receive full details of the total fees and course-related costs associated with their programme or training scheme.

Protection of student fees

Clause 336 requires a person who receives money from any student for the purpose of enrolling or helping the student enrol in a programme or training scheme at a private training establishment to comply with any rules made by NZQA that relate to protecting student fees.

Clause 337 requires a private training establishment that receives any funds from, or on behalf of, a student in respect of a programme or training scheme provided by the establishment to deposit the funds with an independent trustee approved by NZQA.

Clauses 338 and 339 deal with the refund of tuition fees paid by or on behalf of a student where the student withdraws from a programme or training scheme within a specified period or owing to the closure of the programme or training scheme.

Clause 340 provides that the requirement that funds paid by or on behalf of a student be deposited with an independent trustee applies to all components of any fee payable by the student.

Clause 341 provides that Minister may give a registered private training establishment a direction regarding its use of compulsory student services fees.

Student records

Clause 342 requires a private training establishment to keep enrolment and academic records for each student enrolled in a programme or training scheme provided by the establishment.

Subpart 6—Work-based training

Clauses 343 to 362 carry over the provisions relating to work-based training set out in the Education (Vocational Education and Training Reform) Amendment Bill (new Part 34 of the Education Act 1989), which provide for establishment of workforce development councils, apprenticeship training, and the imposition of a training levy by Order in Council.

Clause 343 clarifies that a training contract and an apprenticeship agreement are part of the employment agreement between the employee and employer concerned.

Workforce development councils

Clauses 344 to 353 provide for the establishment (and disestablishment) of workforce development councils by Order in Council made on the recommendation of the Minister and state the functions and obligations of workforce development councils. Clauses 352 and 353 deal with the accountability of workforce development councils and provide that NZQA may issue a workforce development council with a quality assurance improvement notice and a compliance notice.

Apprenticeships

Clauses 354 to 358 deal with apprenticeship training. The provisions transfer the content of Part 2A of the Industry Training and Apprenticeship Act 1992 into the Bill with some minor adjustment.

Training levy

Clauses 359 to 362 provide for a training levy to be imposed by Order in Council on qualifying members of a levy group. The levy is payable to the relevant workforce development council for the levy group. Schedule 15 contains provisions relating to the imposition of the training levy. Schedule 16 states matters that must be specified in levy orders.

Subpart 7—Offences

Clause 363 sets out an offence relating to information requests. The punishment is a fine not exceeding $5,000, and, where the offence is a continuing one, not exceeding $500 a day.

Clause 364 sets out other offences relating to information requests. The punishment is a fine not exceeding $5,000, and, where the offence is a continuing one, not exceeding $500 a day.

Clause 365 sets out an offence relating to the handing of student fees. The punishment for the offence is a fine not exceeding $10,000.

Clause 366 sets out an offence relating to duties to maintain student records. The punishment for the offence is a fine not exceeding $10,000.

Clause 368 sets out an offence relating to the use of the terms university and polytechnic. The punishment for the offence is a fine not exceeding $10,000.

Clause 369 sets out various offences relating to false representation in respect of standards, qualifications, and approved programmes. The punishment for the offences is a fine not exceeding $10,000. Clause 369 also sets out an offence of making a false representation for the purpose of receiving or continuing to receive free tertiary education. The punishment for the offence is a fine not exceeding $5,000.

Clause 370 sets out offences of issuing or receiving false qualifications and falsifying records. The punishment for the offences are fines not exceeding $10,000 and $50,000.

Clause 371 sets out an offence for providing or advertising specified services relating to cheating. The punishment for the offence is a fine not exceeding $10,000.

Clause 372 sets out offences relating to a private training establishment that contravenes registration requirements. The punishment for the offences is a fine not exceeding $10,000.

Clause 373 sets out offences relating to the enrolment of international students at private training establishments or institutions. The punishment for the offences is a fine not exceeding $10,000.

Clause 374 sets out offences relating to allowances and student loans. The punishment for the offences is a fine not exceeding $2,000 or, in certain circumstances, a term of imprisonment not exceeding 12 months or a fine not exceeding $5,000.

General provisions relating to offences

Clause 375 provides that the High Court may grant an injunction or make any appropriate order if a person is engaged in, or proposes to engage in, certain conduct that constitutes offences.

Clause 376 deals with the liability of directors, employees, and agents of a body corporate in respect of certain offences.

Part 5Performance, funding, and support

Clause 377 provides an outline of Part 5.

Subpart 1—Tertiary Education Commission

Preliminary provisions

Clause 378 outlines the framework for planning, funding, and monitoring in the tertiary education sector.

TEC

Clause 379 continues the Tertiary Education Commission (TEC).

Clauses 380 to 384 set out the main constitutional requirements for TEC.

Clause 385 sets out principles guiding how TEC operates.

Clause 386 sets out TEC’s functions.

Clauses 387 to 389 impose duties on TEC in relation to workforce development councils, require a workforce development council to provide information to TEC about its financial position or operations (or both), and allow TEC to audit workforce development councils.

Clause 390 provides that the Secretary may delegate functions or powers to TEC.

Clause 391 provides that TEC may charge a commercial rate for goods and services that it provides.

Clause 392 provides that nothing in the Commerce Act 1986 applies to TEC except to the extent that it engages in supplying goods and services for which it charges.

Clause 393 provides that the Minister may delegate functions or powers to TEC.

Clause 394 provides that the Minister may direct TEC.

Clause 395 requires NZIST’s council to provide the chief executive of TEC with information for the purpose of determining whether there is a risk to the governance, management, or financial position of NZIST or a related entity of NZIST or to the education and training performance of students enrolled at NZIST or a related entity of NZIST.

Funding mechanisms

Clause 396 requires the Minister to determine the design of funding mechanisms that TEC must use to fund organisations.

Clause 397 provides that TEC may fund certain tertiary education programmes and activities with respect to proposed plans it has assessed.

Clause 398 provides that TEC may provide funding approval subject to certain conditions.

Clause 399 provides that TEC may provide funding in accordance with other funding mechanisms.

Clause 400 provides that the provision of certain information is a condition of receiving funding under clause 399.

Subpart 2—New Zealand Qualifications Authority

Clause 401 continues the New Zealand Qualifications Authority (NZQA).

Clause 402 provides that NZQA must have at least 8, but not more than 10, members.

Clause 403 provides that NZQA must appoint a chief executive.

Clause 404 states the functions of NZQA.

Clause 405 sets out additional functions of NZQA relating to entrance to universities.

Clause 406 provides that NZQA has power to carry out certain research activities.

Qualifications framework

Clause 407 provides for the Qualifications Framework.

Directory of Assessment Standards

Clause 408 provides for the Directory of Assessment Standards.

Clause 409 provides for standard-setting bodies.

Clause 410 provides for the approval of programmes.

Clause 411 provides that programme approvals are subject to certain conditions.

Accreditation to provide approved programmes

Clause 412 provides for the accreditation of approved programmes. Accreditation is required before an institution may offer an approved programme.

Clause 413 provides that accreditations are subject to certain conditions.

Clause 414 provides for the lapse of accreditation.

Clause 415 provides for the withdrawal of accreditation.

Training schemes and consents to assess against standards

Clause 416 provides that institutions may apply to NZQA for approval to provide training schemes.

Clause 417 provides that training scheme approvals are, or may be, subject to certain conditions.

Clause 418 provides for the lapse of training scheme approvals.

Clause 419 provides for the withdrawal of training scheme approvals.

Consent to assess against standards

Clause 420 requires institutions to obtain the consent of NZQA to assess students against the standards listed in the Directory of Assessment Standards.

Clause 421 provides that consents are subject to certain conditions.

Clause 422 provides for the expiry or ceasing of consents.

Rules

Clause 423 provides that NZQA may make rules.

Functions and powers of NZQA in relation to universities

Clause 424 provides that the Vice-Chancellors Committee may exercise certain powers of NZQA.

Granting of awards

Clause 425 provides that a person may apply to NZQA for consent to grant awards.

Clause 426 provides that a person may not award, or offer to award, an NCEA qualification based on assessment standards undertaken outside New Zealand.

Use of certain terms in name or description of registered establishment or wānanga

Clause 427 provides that a registered establishment may apply to the Minister for consent to describe itself using the term university.

Fees

Clause 428 provides that NZQA may charge fees.

Enforcement powers of NZQA

Clause 429 provides the chief executive of NZQA with the power to require the Secretary or institutions to supply to NZQA information or documents relating to institutions.

Clause 430 provides that NZQA may issue compliance notices.

Miscellaneous provisions

Clause 431 provides that employment in the service of NZQA is government service.

Clause 432 provides that a member of NZQA may be paid allowances in respect of childcare.

Clause 433 provides that NZQA is to be treated as an agent of the Crown and is entitled to all the privileges the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations. However, NZQA is not exempt from the payment of goods and services tax.

Subpart 3—Education Review Office

Clause 434 provides that subpart 3 of Part 5 applies to certain education services.

Clause 435 sets out certain functions of the Chief Review Officer.

Clause 436 provides that the Chief Review Officer may designate suitably qualified persons as review officers.

Clause 437 provides that the Chief Review Officer and review officers may enter certain places (other than dwelling houses) to conduct inspections or inquiries.

Clause 438 requires review officers to provide proof of their identity when entering a place under clause 437.

Provisions concerning students with enrolment exemption

Clause 439 sets out the functions of the Chief Review Officer relating to students with an enrolment exemption.

Clause 440 provides that review officers designed under clause 436 are also review officers for the purposes of clause 439.

Clause 441 sets out the powers of review officers for the purposes of clause 439.

Clause 442 requires review officers who exercise powers under clause 441 to provide proof of their identity.

Provisions concerning hostels

Clause 443 sets out functions of the Chief Review officer relating to hostels.

Clause 444 provides that review officers designed under clause 436 are also review officers for the purposes of clause 443.

Clause 445 sets out the powers of review officers for the purposes of clause 443.

Clause 446 requires review officers who exercise powers under clause 445 to provide proof of their identity.

Subpart 4—Teaching Council

Clause 447 continues the Teaching Council of Aotearoa New Zealand (Teaching Council).

Clauses 448 to 450 set out the main constitutional requirements for the Teaching Council.

Clause 451 sets out the functions of the Teaching Council.

Clause 452 sets out the powers of the Teaching Council.

Clause 453 provides that the Minister may commission independent audits of the Teaching Council.

Clause 454 provides that the Minister may issue a statement of Government policy relating to the Teaching Council’s functions.

Clause 455 requires the Teaching Council to publish, every 3 years, a report setting out its strategic direction for the next 5 years.

Clause 456 provides that the Teaching Council may establish advisory committees.

Clause 457 requires the Teaching Council to establish and maintain a code of conduct for teachers.

Clause 458 requires the Teaching Council to make certain rules.

Clause 459 provides that the Teaching Council may delegate its powers.

Clause 460 provides that the Teaching Council may appoint a chief executive and employees.

Mandatory reporting

Clause 461 requires employers of teachers to report dismissals and resignations to the Teaching Council.

Clause 462 requires employers of teachers to report complaints about the conduct of former employees to the Teaching Council.

Clause 463 requires employers of teachers to report serious misconduct of teachers to the Teaching Council.

Clause 464 requires employers of teachers to report teacher competency issues to the Teaching Council.

Clause 465 requires convictions to be reported to the Teaching Council. Failure to do so is misconduct that may give rise to disciplinary proceedings.

Disciplinary functions

Clauses 466 to 476 set out provisions regarding the relevant disciplinary bodies.

Review of competence

Clause 476A provides that the constitution of the Competence Authority must be set out in rules made under clause 458.

Clauses 477 to 478B set out the complaints process.

Subpart 5—Education New Zealand

Clause 479 continues Education New Zealand.

Clause 480 sets out the functions of Education New Zealand.

Clause 481 concerns the membership of the board of Education New Zealand.

Clause 482 provides that the Minister may appoint special advisors to the board,

Clause 483 provides that the Minister may establish an international education advisory committee to advise the board.

Clause 484 requires the board to appoint a chief executive.

Clause 485 sets out the responsibilities of the chief executive.

Clause 486 concerns superannuation.

Clause 487 applies Part 2 of the Commerce Act 1986 to Education New Zealand.

Subpart 6—International students

Clause 488 sets out the purpose of subpart 6 of Part 5.

International students at schools

Clause 489 provides for the enrolment of international students in schools.

Clause 490 provides that certain international students may enrol at State schools as of right.

Clause 491 concerns fees for international students enrolled at schools.

Clause 492 enables the Minister to exempt international students from fees.

Clause 493 requires boards to reimburse the Crown for expenditure relating to international students.

Clause 494 requires courses for international students must be approved by NZQA.

International students at tertiary and vocation education

Clause 495 provides for the enrolment of international students in institutions.

Clause 496 concerns fees for international students enrolled at institutions.

Clause 497 provides that private training establishments to meet certain requirements before enrolling international students.

Clause 498 provides that NZQA may exempt certain programmes and training schemes from clause 497.

Clause 499 requires private training establishments to have a refund period for international students enrolled in their programmes or training schemes.

Clause 500 requires the Minister to specify, by notice in the Gazette, the purpose of refunds under clause 499.

Clause 501 requires private training establishments to notify immigration officers if international students withdraw from programmes or training schemes.

Subpart 7—Pastoral care of students

Enrolment of international students

Clause 502 provides that signatory providers may enrol persons as international students.

Clause 503 provides that providers must enrol international students for education instruction for more than 2 weeks.

Pastoral care of domestic and international students

Clause 504 provides that the Minister may issue a code of practice for the pastoral care of domestic students and a code of practice for the pastoral care of international students. It also provides that a code must be made and administered in accordance with regulations made under clause 611.

Dispute resolution

Clause 505 establishes a student contract dispute resolution scheme (the DRS).

Clause 506 places a cap on the amount to be paid in resolving a dispute between a student claimant and a provider or signatory provider.

Clause 507 provides that the District Court may enforce compliance with DRS rules or binding resolutions.

Clause 508 provides for the making of rules for the functioning and administration of the DRS.

Export education levy

Clause 509 sets out the purposes to which funds arising from an export education levy imposed in accordance with regulations made under clause 604 may be applied.

Subpart 8—Offences

Clause 509A sets out an offence relating to the award of NCEA outside New Zealand. The punishment for the offence is a fine not exceeding $10,000.

Clause 510 sets out an offence relating to failure to report under clause 461, 462, or 463. The punishment for the offence is a fine not exceeding $25,000, if the failure is in relation to any matter of conduct, or $5,000, if the failure is in relation to any matter of competence.

Clause 511 sets out various offences relating to failures or refusals regarding the Disciplinary Tribunal. The punishment for the offences is a fine not exceeding $500. In addition, a person commits an offence if the person breaches an order of the Disciplinary Tribunal. The punishment for the offence is a fine not exceeding $1,000.

Clause 512 sets out an offence for code breaches that result in serious harm to or the death of students. The punishment for the offence is a fine not exceeding $100,000.

Clause 513 sets out a pecuniary penalty for code breaches. The pecuniary penalty may not exceed $100,000.

Clause 514 provides that a person may be held accountable under clause 512 or 513, but not both.

Part 6Administration of education system

Clause 515 provides an outline of Part 6.

Subpart 1—Funding

Clause 516 provides for funding of certain early childhood services and certified playgroups.

Clause 517 provides for the making of loans to licensed early childhood services.

Clause 518 provides for the provision of grants to boards.

Clause 519 provides for the provision of discretionary grants to boards.

Clause 520 provides that the Minister may prescribe exemptions to mandatory conditions.

Clause 521 provides that a notice given under clause 519 or 520 is a disallowable instrument, but not a legislative instrument.

Clause 522 sets out the effect of non-compliance with discretionary grants.

Clause 523 provides for the provision of grants to distance schools.

Clause 524 provides for the provision of grants to educational bodies.

Clause 525 requires educational bodies to keep accounts for grants.

Clause 526 provides that the Minister may reduce grants if certain limits are not met.

Subpart 2—Property and assets

Clause 527 concerns the leasing of property owned by, or leased to, the Crown to early childhood education and care centres.

Clause 528 provides that the Minister may declare Crown land to be no longer needed for educational purposes.

Clause 529 requires teachers to pay rent for accommodation provided in respect of their teaching position.

Clause 530 provides for the transfer of Crown assets and liabilities to institutions.

Clause 531 provides for the transfer of Crown land to institutions.

Clauses 532 and 533 sets out requirements regarding the registration and recording of title to land.

Clause 534 provides that a claim under section 6 of the Treaty of Waitangi Act 1975 does not prevent the transfer of land by the Crown to an institution or by an institution to another person.

Clause 535 requires the Registrar-General of Land to register a memorial in respect of the transfer of certain land.

Clause 536 provides for the resumption of land on the recommendation of the Waitangi Tribunal.

Clause 537 provides for the resumption of land to be effected under the Public Works Act 1981.

Clause 538 provides for the resumption of wāhi tapu.

Clause 539 provides for the making of Orders in Council relating to the transfer of assets and liabilities.

Clause 540 sets out the effects of the disestablishment of institutions.

Clause 541 concerns the treatment of taxes and duties where a disestablished institution is incorporated into another institution.

Clause 542 concerns the treatment of taxes and duties in other cases.

School risk-management schemes

Clause 543 provides that the Minister may establish a school risk-management scheme.

Clause 544 provides that the Minister may set an annual fee payable in respect to a school risk-management scheme.

Subpart 3—Payment of salaries

Clause 545 requires the Secretary to ensure that a payroll service is in place.

Clause 546 provides that the salaries of teachers at certain schools must be paid by the Crown.

Clause 547 sets out certain restrictions on the payment of salaries of regular teachers by the boards of certain schools.

Clause 548 provides for the payment of the salaries of relieving teachers and employment-based trainee teachers.

Clause 549 sets out limits on the appointment and employment of regular teachers at certain schools.

Clause 550 requires boards to comply with the limits set out in clause 549.

Clause 551 provides that the Secretary may grant exemptions to the limits set out in clause 549 in individual cases.

Subpart 4—Employment matters

Education service

Clause 552 provides that the Employment Relations Act 2000 applies in relation to the education service.

Clause 553 provides that the State Services Commissioner is responsible for negotiating collective agreements applicable to employees of the education service.

Clause 554 sets out the State Services Commissioner’s powers when collective agreements are negotiated.

Clause 555 provides that boards are indemnified by the State Services Commissioner.

Clause 556 requires the notification of strikes.

Clause 557 requires employers to notify the State Services Commissioner about participation in strikes.

Clause 558 sets out who is the employer in respect of personal grievances and disputes.

Clause 559 provides that the State Services Commissioner may delegate certain powers.

Clause 560 requires the chief executives of institutions to consult the State Services Commissioner in respect of employment conditions to be included in any collective agreement.

Clause 561 provides that employers must consult the State Services Commissioner in respect of employment conditions for senior positions at institutions not bound by any collective employment agreement.

Clause 562 provides that the State Services Commissioner may declare that conditions of employment fixed under a collective agreement are actual conditions of employment.

Clause 563 provides that education service chief executives and employees are immune from liability in civil proceedings for good-faith actions or omissions in pursuance of their duties, functions, or powers.

Personnel provisions in relation to education service

Clause 564 sets out general principles for employers.

Clause 565 provides that the Secretary may issue a code of conduct covering the minimum standards of integrity and conduct that are to apply in the education service.

Clause 566 provides that the Secretary may prescribe matters that are to be taken into account by employers in assessing the performance of teachers.

Clause 567 provides that the Secretary is responsible for promoting, developing, and monitoring equal employment opportunities policies and programmes in the education service.

Clause 568 provides that employers may appoint certain employees and may, under certain conditions, remove employees.

Clause 569 requires employers to act independently in matters relating to decisions on individual employees.

Clause 570 requires employers making appointments to give preference to persons who are best suited.

Clause 571 requires employers intending to fill a position to provide sufficient notice.

Clause 572 places a restriction on compensation for certain redundancies arising from the closure or merger of schools.

Clause 573 concerns the appointment of employees following the closure or merger of schools.

Clause 574 provides for acting appointments.

Senior appointments in education service

Clause 575 provides that the appointment of chief executives of institutions, and their conditions of employment, must be determined under subpart 4 of Part 6.

Clause 576 requires institutions to appoint chief executives.

Clause 577 provides for the reappointment of chief executives.

Clause 578 sets out some conditions of employment of chief executives.

Clause 579 provides that chief executives may be removed from office for just cause or excuse.

Clause 580 provides for acting chief executives.

Employment of others

Clause 581 provides that the Secretary may employ persons to work in State schools as teachers.

Clause 582 provides that the Secretary may establish employment-based trainee teaching positions for schools.

Clause 583 provides that the Minister may enter into agreements with persons who undertake teacher training.

Clause 584 provides that the Minister may issue eligibility criteria relating to the appointment of principals.

Clause 585 provides that boards may develop additional criteria relating to the appointment of principals.

Subpart 5—Information and reporting

Clause 586 provides that the Secretary may require certain individuals and bodies to provide information.

Clause 587 provides that the Minister must prepare and present an annual report to the House of Representatives on the performance of the school sector.

Clause 588 requires the Secretary to ensure that national student numbers are assigned and used in accordance with Schedule 23 and any regulations made under this Bill.

Subpart 6—Entry and inspection

Early childhood education services

Clause 589 sets out a power to enter to inspect homes used by home-based childhood education services.

Clause 590 provides that certain authorised persons may, without a warrant, enter and inspect premises used in respect of licensed early childhood education and care centres, licensed home-based education and care services, licensed hospital-based education and care services, or certified playgroups.

Clause 591 provides that certain authorised persons may, with a warrant, enter and inspect premises if they have reasonable grounds to believe the premises are being used as early childhood education and care centres in contravention of the applicable legislation.

Schools

Clause 592 sets out a power to enter to inspect registered schools.

Clause 593 sets out a power to enter where a private school is suspected of being unregistered.

School hostels

Clause 594 provides that the purpose of clauses 595, 596, and 606 is to help ensure the safety of students who board at hostels.

Clause 595 sets out a power to enter to inspect hostels.

Clause 596 provides that the Minister may appoint a person as an authorised person for the purpose of exercising the entry power set out in clause 595.

Private training establishments

Clause 597 provides that the chief executive of NZQA may authorise a person to enter and inspect premises occupied by private training establishments or their agents.

Other entry and inspection provisions

Clause 598 indicates the location of other entry and inspection powers in the Bill.

Subpart 7—Regulations

Clause 599 provides for the making of regulations relating to licensing early childhood services.

Clause 600 provides for the making of regulations relating to certification of playgroups.

Clause 601 provides for the making of regulations relating to how State schools must be run.

Clause 602 provides for the making of regulations about planning, implementation, monitoring, and reporting.

Clause 603 provides for the making of regulations relating to board elections.

Clause 604 provides for the making of regulations imposing an export education levy.

Clause 605 provides for the making of regulations relating to a school risk-management scheme.

Clause 606 provides for the making of regulations relating to school hostels.

Clause 607 provides for the making of regulations relating to dispute resolution panels.

Clause 608 provides for the making of regulations establishing student allowances.

Clause 609 provides for the making of regulations prescribing how appeals are made to a Student Allowance Appeal Authority.

Clause 610 provides for the making of regulations relating to the TEC’s power to charge a commercial rate for certain goods and services that it provides.

Clause 611 provides for the making of regulations relating to various matters.

Clause 612 provides for the making of regulations relating to State integrated schools.

Subpart 8—Offences

Clause 613 sets out an offence relating to an attempt to influence an employer. The punishment for the offence is a fine not exceeding $2,000.

Clause 614 sets out offences relating to national student numbers. A specified user commits an offence if the user uses or discloses a person’s national student number otherwise than allowed. The punishment for the offence is a fine not exceeding $15,000. A person, other than a specified user, commits an offence if the person keeps a record of, or requires the disclosure of, the national student number of another person in certain circumstances. The punishment for the offence is a fine not exceeding $15,000.

Clause 615 sets out offences relating to false representations. The punishment for those offences is a fine not exceeding $2,000. In addition, a person commits an offence if the person appoints anyone, or continues to employ anyone, knowing that the appointment is contrary to clause 88 or 89. The punishment for the offence is a fine not exceeding $5,000.

Clause 616 sets out an offence for obstructing a person exercising a power of entry under clause 26, 590, or 591. The punishment for the offence is a fine not exceeding $2,000.

Clause 617 sets out an offence relating to the inspection of hostels. The punishment for the offence is a fine not exceeding $5,000.

Clause 618 sets out an offence relating to powers of entry and inspection. The punishment for the offence is a fine not exceeding $10,000.

Clause 619 sets out an offence relating to a breach of an order that a Student Allowance Appeal Authority makes. The punishment for the offence is a fine not exceeding $3,000.

Subpart 9—Consequential amendments and repeals

Clause 620 makes the consequential amendments to other enactments set out in Schedule 24.

Clause 621 sets out the enactments to be repealed.

Schedules

Schedule 1 sets out transitional, savings, and related provisions.

Schedule 2 sets out specified institutions.

Schedule 3 sets out provisions relating to teacher registration, practising certificates, and other matters.

Schedule 4 sets out provisions relating to Police vetting.

Schedule 5 sets out provisions relating to communities of learning for State schools.

Schedule 6 sets out provisions relating to State integrated schools.

Schedule 7 sets out provisions relating to private schools.

Schedule 8 sets out provisions relating to secondary–tertiary programmes.

Schedule 9 sets out provisions relating to student allowances and the administration of student loans.

Schedule 10 sets out provisions relating to the composition and operation of Student Allowances Appeal Authorities.

Schedule 11 sets out provisions relating to the councils of institutions.

Schedule 12 sets out administrative provisions relating to the Vice-Chancellors Committee.

Schedule 13 sets out NZIST’s charter.

Schedule 14 sets out provisions that apply on the dissolution of an NZIST subsidiary.

Schedule 15 sets provisions relating to the imposition of a training levy on specified industries.

Schedule 16 sets out matters that are to be specified in levy orders.

Schedule 17 sets out provisions relating to the TEC.

Schedule 18 sets out provisions relating to the Teaching Council.

Schedule 19 sets out provisions relating to enrolment schemes of State schools.

Schedule 20 sets out provisions relating to when State schools must be open.

Schedule 21 sets out provisions relating to the constitution of boards of State schools.

Schedule 22 sets out provisions relating to electing and co-opting board members of State schools, term of office of board members, and eligibility.

Schedule 23 sets out provisions relating to national student numbers.

Schedule 24 sets out consequential amendments to other enactments.