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
applicable conviction means a conviction for an offence punishable by imprisonment for 3 months or more and which is therefore the subject of a mandatory reporting obligation under section 139AP of the Act
CAC means the Complaints Assessment Committee of the Teachers Council appointed under the New Zealand Teachers Council (Conduct) Rules 2004
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
complaint means any complaint to the Teachers Council under either of the following sections of the Act:
(a) section 139AR (complaints by any person about teacher misconduct):
(b) section 139AZC (complaints by any person about teacher competence)
employer means any one of the following who employs a teacher in a teaching position:
(a) the Board of Trustees of a State 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 complaint or report to the Teachers Council
registration number, in relation to a teacher, means the number that appears in the register or list of authorised persons as the teacher's registration number
report and mandatory report means any mandatory report to the Teachers Council under any of the following sections of the Act:
(a) section 139AK (mandatory reporting by employer of dismissals and resignations):
(b) section 139AL (mandatory reporting by employer of complaints received about former employee):
(c) section 139AM (mandatory reporting by employer of possible serious misconduct):
(d) section 139AN (mandatory reporting by employer of failure to reach required level of competence):
(e) section 139AP (mandatory reporting by teachers or court Registrar of applicable convictions)
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
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 that are defined in section 120 of the Act have the meanings given to them in that section.
Rule 5(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).