New Zealand Legislation: Regulations

Section 139AZC of the Education Act 1989: Complaints about competence

• (1)A person who wishes to make a complaint about a teacher's competence must first make the complaint to the teacher's employer, unless 1 of the circumstances in subsection (2)(a) to (d) applies.

• (2)Any person (including a parent, employer, or member of the Teachers Council) may, at any time, make a written complaint to the Teachers Council about the competence of a teacher—

  • (a)if the complaint is about a teacher who is not currently employed by an employer; or

  • (b)if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or

  • (c)if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or

  • (d)in any other exceptional circumstance.

• (3)A complaint under this section by an employer or former employer must include a description of the competency issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.

• (4)If the Teachers Council considers that a complaint under this section should have been sent first to the teacher's employer, it must refer the matter to the employer; and in any other case, it must notify the employer (if the teacher is currently employed by an employer) that it has received a complaint about the teacher.

• (5)When the Teachers Council refers a complaint to an employer, the employer must report as required by the Teachers Council.

• (6)If the Teachers Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teachers Council may investigate the complaint.

• (7)When a complaint about competence is made by a member of the Teachers Council, that member may not be involved in any investigation of the complaint.

• (8)If, after investigation, the Teachers Council is satisfied that the teacher has not attained the required level of competence, it may—

  • (a)impose conditions on the teacher's practising certificate or authority:

  • (b)refer the teacher to an impairment process involving the assessment of, and (if necessary) assistance with, an impairment:

  • (c)order that the teacher's registration or authority be cancelled (see section 129(1)).