New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) After considering a report or complaint about a teacher's conduct, the CAC (acting through the panel allocated to deal with the matter) may do any of the following:
(a) dismiss the report or complaint, or resolve to take it no further:
(b) resolve to undertake further investigations into the report or complaint, as provided in rule 19:
(c) resolve to seek resolution of the matter by agreement in accordance with rule 20, or confirm any resolution that has been agreed in accordance with that rule:
(d) refer the report or complaint to a competence assessor for consideration under the New Zealand Teachers Council (Competence) Rules 2007, on the basis that the report or complaint appears to relate to competence rather than conduct:
(e) refer the teacher concerned to an impairment process, or enter into discussions with the teacher about this possibility:
(f) for the purpose of investigating possible serious misconduct, apply to the Disciplinary Tribunal in accordance with rule 40 for interim suspension of the teacher's practising certificate or authority to teach:
(g) lay a charge of serious misconduct with the Disciplinary Tribunal on the basis that the CAC is satisfied on reasonable grounds that the teacher has engaged in serious misconduct:
(h) refer the matter to the Disciplinary Tribunal for a hearing.
(2) Before determining that it is satisfied on reasonable grounds that a teacher has engaged in serious misconduct, the CAC must have—
(a) investigated the matter as fully as is reasonable in the circumstances; and
(b) given the teacher an adequate opportunity to respond to the allegations.
(3) The CAC may refer a report or complaint about conduct (other than conduct that the CAC is satisfied is serious misconduct) to the Disciplinary Tribunal only if the CAC—
(a) does not consider that it is appropriate to dismiss the matter or resolves to take it no further, or to refer the teacher concerned to a competency review or an impairment process; and
(b) has been unable, despite its best endeavours, to resolve the matter by agreement under rule 20.
(4) A notice of the outcome of the CAC panel's consideration of a matter, identifying which of the things listed in subclause (1) the CAC has resolved to do, must be sent to the teacher concerned and to the initiator as soon as practicable after the meeting of the CAC panel.
Rule 18(1)(d): amended, on 1 November 2007, by rule 9 of the New Zealand Teachers Council (Conduct) Amendment Rules 2007 (SR 2007/305).