New Zealand Teachers Council (Conduct) Rules 2004 (SR 2004/143) (as at 01 December 2008)

  • Section 139AT of the Education Act 1989: Powers of Complaints Assessment Committee

    • (1)The Complaints Assessment Committee may investigate any complaint or report referred to it under section 139AS.

    • (2)Following an investigation, the Complaints Assessment Committee may, in respect of any matter other than a conviction to which section 139AV relates, do any of the following:

      • (a)dismiss the matter, or resolve to take it no further:

      • (b)refer the teacher concerned to a competency review:

      • (c)refer the teacher concerned to an impairment process which may involve assessing, and (if necessary) assisting with, an impairment:

      • (d)by agreement with the teacher and the person who made the complaint or report, do any of the following:

        • (i)censure the teacher:

        • (ii)impose conditions on the teacher's practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:

        • (iii)suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met:

        • (iv)annotate the register or the list of authorised persons in a specified manner.

    • (3)The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.

    • (4)The Complaints Assessment Committee must refer a matter concerning a teacher to the Disciplinary Tribunal if it is satisfied on reasonable grounds that—

      • (a)the teacher has engaged in serious misconduct; and

      • (b)the matter should be referred to the Disciplinary Tribunal.

    • (5)If a matter is referred to the Disciplinary Tribunal under subsection (4), a notice must be sent to the teacher concerned setting out the charge of misconduct against him or her.

    Section 139AV of the Education Act 1989: Investigation by Complaints Assessment Committee of reports of convictions

    • (1)Every report of the conviction of a teacher for an offence punishable by 3 months' or more imprisonment that is received by, or comes to the attention of, the Teachers Council must be investigated by the Complaints Assessment Committee.

    • (2)Following the investigation of such a conviction, the Complaints Assessment Committee may do any of the following:

      • (a)dismiss the matter, or resolve to take it no further:

      • (b)refer the teacher concerned to a competency review:

      • (c)refer the teacher concerned to an impairment process which may involve assessing, and (if necessary) assisting with, an impairment:

      • (d)by agreement with the teacher, do any of the following:

        • (i)censure the teacher:

        • (ii)impose conditions on the teacher's practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:

        • (iii)annotate the register or the list of authorised persons in a specified manner.

    • (3)If the Complaints Assessment Committee considers that the conviction may warrant action by the Disciplinary Tribunal, it must refer the report to the Disciplinary Tribunal for a hearing.

    Box text: amended, on 1 November 2007, by rule 8 of the New Zealand Teachers Council (Conduct) Amendment Rules 2007 (SR 2007/305).