New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) In these rules, unless the context otherwise requires,—
Act means the Education Act 1989
CAC means the Complaints Assessment Committee of the Teachers Council appointed under rule 7
CAC panel means a panel of at least 3 members of the CAC that is allocated under rule 8 to consider a particular report or complaint about conduct
child or young person means a person—
(a) who is under the age of 16 years; or
(b) who is, or was at the relevant time, a student at a school or early childhood education and care centre
competence assessor means a competence assessor appointed by the Teachers Council to act as a competence assessor under the New Zealand Teachers Council (Competence) Rules 2007
Disciplinary Tribunal means the Disciplinary Tribunal of the Teachers Council established under rule 23
employer means any one of the following who employs a teacher in a teaching position:
(a) the Board of Trustees of a state school (which includes any integrated school):
(b) the managers of a school registered under section 35A of the Act:
(c) the management of an early childhood education and care service:
(d) the Secretary, in his or her capacity as an employer under section 91N of the Act
initiator means the person who makes a report or complaint about conduct to the Teachers Council
report or complaint about conduct means any of the following:
(a) a mandatory report that relates to conduct under section 139AK of the Act (report by employer of dismissals and resignations):
(b) a mandatory report that relates to conduct under section 139AL of the Act (report by employer of complaints received about former employee):
(c) a mandatory report under section 139AM of the Act (report by employer of possible serious misconduct):
(d) a mandatory report under section 139AP of the Act (report by teacher or by court Registrar of convictions):
(e) a complaint of misconduct under section 139AR of the Act
serious misconduct means conduct by a teacher—
(a) that—
(i) adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
(ii) reflects adversely on the teacher's fitness to be a teacher; and
(b) is of a character or severity that meets the Teachers Council criteria for reporting serious misconduct as set out in rule 9 of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004
teacher means either of the following:
(a) a registered teacher or former registered teacher:
(b) an authorised person (being a person who holds a limited authority to teach given under Part 10 of the Act) or former authorised person
Teachers Council means the New Zealand Teachers Council established under section 139AC of the Act.
(2) Terms that are defined in section 139AB of the Act have the meanings given to them in that section, and terms defined in section 120 of the Act have the meanings given to them in that section.
Rule 4(1) child or young person paragraph (b): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).
Rule 4(1) competence assessor: amended, on 1 November 2007, by rule 5(a) of the New Zealand Teachers Council (Conduct) Amendment Rules 2007 (SR 2007/305).
Rule 4(1) competence assessor: amended, on 1 November 2007, by rule 5(b) of the New Zealand Teachers Council (Conduct) Amendment Rules 2007 (SR 2007/305).
