New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 1 December 2008
(SR 2004/144)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
Pursuant to section 139AJ of the Education Act 1989, the New Zealand Teachers Council makes the following rules.
These rules are the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004.
These rules come into force on 1 September 2004.
The purpose of these rules is to ensure that the Teachers Council receives all the information that it needs in order to investigate and otherwise fulfil its functions with regard to reports and complaints.
(1) The requirements in these rules about what must be included in reports are in addition to the requirements set out in the Act.
(2) The relevant sections from the Act that relate to reports are included in these rules (in boxes) to assist users.
(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).
(1) In these rules, relevant documentation means documentation relating to a report by an employer about a teacher that provides evidence of, or relates to, the matters referred to in the report.
(2) Without limiting subclause (1), relevant documentation may include any or all of the following:
(a) statements by the initiator, witnesses, and any other persons:
(b) letters of complaint received by the employer about the teacher:
(c) recent performance appraisals of the teacher:
(d) reports of independent investigators:
(e) letters between the employer or professional leader and the teacher concerning the complaint or matter of concern:
(f) statements or responses, or records of statements or responses, by the teacher or his or her advocate:
(g) the teacher's letter of resignation:
(h) minutes of Board meetings at which the matter was discussed:
(i) other information provided by the Police or any other person.
If the Teachers Council provides forms for the purpose of assisting people to make reports or complaints in accordance with these rules, a person may, but is not obliged to, use the relevant form when making a report or a complaint.
Every report and every complaint must be sent to the Teachers Council at its current address, and be marked for the attention of the Compliance Officer.
(1) The criterion for reporting serious misconduct is that an employer suspects on reasonable grounds that a teacher has engaged in any of the following:
(a) the physical abuse of a child or young person (which includes physical abuse carried out under the direction, or with the connivance, of the teacher):
(b) the sexual abuse of a child or young person (which includes sexual abuse carried out under the direction, or with the connivance, of the teacher):
(c) the psychological abuse of a child or young person, which may include (but is not limited to) physical abuse of another person, or damage to property, inflicted in front of a child or young person, threats of physical or sexual abuse, and harassment:
(d) being involved in an inappropriate relationship with any person under the age of 16 years:
(e) being involved in an inappropriate relationship with a student with whom the teacher is, or was when the relationship commenced, in contact with as a result of his or her position as a teacher:
(f) the neglect or ill-treatment of any child or young person in the teacher's care:
(g) the neglect or ill-treatment of any animal in the teacher's care:
(h) theft, or fraud:
(i) involvement in the manufacture, cultivation, supply, dealing, or use of controlled drugs:
(j) permitting, or acquiescing in, the manufacture, cultivation, supply, dealing, or use of controlled drugs by any child or young person:
(k) viewing, accessing, or possessing pornographic material while on school premises or engaged on school business:
(l) viewing, accessing, or possessing pornographic material that depicts children or young persons or that depicts animals engaged in sexual acts with humans:
(m) breaching the school's standards or rules concerning the use of alcohol at the school or while on school business:
(n) any other act or omission that could be the subject of a prosecution for an offence punishable by imprisonment for a term of 3 months or more:
(o) any act or omission that brings, or is likely to bring, discredit to the profession.
(2) Physical, sexual, or psychological abuse is reportable whether it occurs as—
(a) a single act; or
(b) a number of acts forming part of a pattern of behaviour, even if some or all of those acts, viewed in isolation, would be minor or trivial.
(3) In this rule, school includes an early childhood education and care centre.
Rule 9(1)(o): added, on 1 August 2008, by rule 4 of the New Zealand Teachers Council (Making Reports and Complaints) Amendment Rules 2008 (SR 2008/215).
Rule 9(3): amended, on 1 December 2008, by section 60(2) of the Education Amendment Act 2006 (2006 No 19).
For the purposes of section 139AL(3)(b) of the Act, the criterion for reporting competence issues about a teacher is that the employer would not, if asked, sign the teacher's practising certificate renewal application because of doubts about whether the teacher meets the satisfactory teacher dimensions.
(1) Every mandatory report made by an employer about a teacher must include the following information:
(a) the name and address of the employer making the report:
(b) the date of the report:
(c) the teacher's full name, registration number, date of birth, and last known address:
(d) if the teacher has a former or alternative name, the former or alternative name (if known).
(2) Every mandatory report made by an employer must include with it copies of all relevant documentation. If some of the relevant documentation is not included in the report, the employer must identify which information is missing and must indicate (so far as possible) where it may be obtained.
(3) Every mandatory report made by an employer must be signed by the employer, or by a person on behalf of the employer, in which case the person must also provide his or her name in a legible form, and state the capacity in which he or she is signing.
Section 139AK of the Education Act 1989: Mandatory reporting of dismissals and resignations
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A report under section 139AK(1) of the Act of the dismissal of a teacher must—
(a) comply with rule 11; and
(b) include a full description of the background to the dismissal, including a description of any complaints or reviews preceding the dismissal, what action the employer took prior to the dismissal, and what action the teacher took; and
(c) state the date on which the dismissal was given and the date on which it took effect.
A report under section 139AK(2) of the Act of the resignation of a teacher within 12 months of the employer advising the teacher that the employer was dissatisfied with, or intended to investigate, any aspect of the conduct of the teacher, or the teacher's competence, must—
(a) comply with rule 11; and
(b) describe the advice that the employer gave to the teacher concerning dissatisfaction with any aspect of the teacher's conduct or competence; and
(c) describe the teacher's response and any further action by the employer; and
(d) state the date on which the teacher resigned, and the date on which the resignation took effect.
Section 139AL of the Education Act 1989: Mandatory reporting of complaints received about former employees
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A report under section 139AL of the Act by a former employer of a teacher concerning a complaint received about the teacher's conduct or competence while employed by the employer must—
(a) comply with rule 11; and
(b) state the date on which the teacher ceased to be employed by the employer; and
(c) state the date on which the employer received the complaint; and
(d) set out the complaint; and
(e) include a statement that the employer is satisfied that the complaint is not malicious, vexatious, or without any foundation; and
(f) if the complaint is about competence, include a statement that the employer believes that the complaint satisfies the Teachers Council criteria for reporting competence issues as set out in rule 10.
Section 139AM of the Education Act 1989: Mandatory reporting of possible serious misconduct
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(1) A report under section 139AM of the Act by an employer that the employer has reason to believe that a teacher has engaged in serious misconduct must—
(a) comply with rule 11; and
(b) describe the conduct that the employer believes may be serious misconduct; and
(c) describe the action, if any, that the employer has taken in response to that conduct.
(2) The Teachers Council criteria for reporting serious misconduct are set out in rule 9.
Section 139AN of the Education Act 1989: Mandatory reporting of failure to reach required level of competence
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(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
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(1) A report under section 139AP of the Act by a teacher of an applicable conviction must be made—
(a) in writing in accordance with subclause (2), within 7 days of the conviction; or
(b) orally, within 7 days of the conviction, in which case it must be confirmed in writing within 14 days of the conviction.
(2) A report by a teacher under section 139AP of the Act (whether written or oral) must include—
(a) the teacher's name, registration number, date of birth, and address; and
(b) details of the offence for which the teacher was convicted; and
(c) the name of the court in which the conviction was entered.
(3) In order to assist the CAC in the investigation of an applicable conviction that it must make (under section 139AV of the Act), the report may also include—
(a) a statement of the sentence imposed (if known); and
(b) a statement of whether the teacher intends to appeal the conviction or sentence (if known); and
(c) a description of the circumstances giving rise to the conviction; and
(d) any information that the teacher considers will assist the CAC in its investigation.
(4) A report under section 139AP of the Act by a Registrar—
(a) must include a certificate of conviction; and
(b) must include as much of the information referred to in subclause (2) as is available to the Registrar; and
(c) may include any of the information referred to in subclause (3).
(1) A complaint to the Teachers Council about the conduct of a teacher (under section 139AR of the Act) or about a teacher's competence (under section 139AZC of the Act) may be made in any written form.
(2) In order for a complaint to be actioned by the Teachers Council it must include as much as possible of the following information:
(a) the teacher's full name and any alternative names by which the teacher is or may be known:
(b) the teacher's date of birth (if known):
(c) a description of the conduct or the competence issues complained of:
(d) a description of the outcome that the initiator wishes to achieve in making the complaint:
(e) a description of steps already taken in respect of the matter complained of, and in particular, whether the complaint has been referred to the teacher's current employer; and
(i) if not, why not; and
(ii) if it has, what steps the employer has taken.
(3) A complaint by an employer or former employer under either section 139AR of the Act or section 139AZC of the Act must include,—
(a) in the case of a complaint about conduct, a report of any action that the employer or former employer has taken in relation to it (as required by section 139AR(3) of the Act); or
(b) in the case of a complaint about competence, a description of the competency issues leading to the complaint and the actions (if any) taken by the employer in relation to them (as required by section 139AZC(3) of the Act).
Dated at Wellington this 26th day of May 2004.
Joanna Beresford,
Chairperson of the New Zealand Teachers Council.
Date of notification in Gazette: 3 June 2004.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the New Zealand Teachers Council (Making Reports and Complaints) Rules 2004. The reprint incorporates all the amendments to the rules as at 1 December 2008, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
New Zealand Teachers Council (Making Reports and Complaints) Amendment Rules 2008 (SR 2008/215)
Education Amendment Act 2006 (2006 No 19): section 60(2)