New Zealand Legislation: Regulations

16 Mandatory reports of failure to reach required level of competence

• (1) A report under section 139AN of the Act by an employer that, despite undertaking competence procedures with a teacher, the teacher has not reached the required level of competence, must—

  • (a) comply with rule 11; and

  • (b) describe the competence issues that originally caused concern; and

  • (c) describe the competence procedures undertaken with the teacher; and

  • (d) describe the competence issues currently causing concern.

  (2) The relevant documentation included in a report under section 139AN of the Act must include—

  • (a) copies of reports on, or assessments of, the teacher's competence in the areas causing concern; and

  • (b) any responses or comments by the teacher; and

  • (c) the names and contact details of any person with relevant information about the teacher's competence or the competence procedures undertaken.

  Section 139AP of the Education Act 1989: Mandatory reporting of convictions (1) Every teacher who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Teachers Council. (2) Failure to report a conviction to the Teachers Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings. (3) The Registrar of every court must, unless the court expressly orders otherwise in a particular case, report to the Teachers Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more. (4) If the Registrar has reported a conviction to the Teachers Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Teachers Council of that fact.