New Zealand Legislation: Regulations

9 Referral to competence assessor

• (1) Every report or complaint about competence received by the Teachers Council must be referred to a competence assessor.

  (2) The competence assessor may conduct an investigation into the report or complaint only if—

  • (a) the matter has been referred to the teacher's employer and the assessor is satisfied that the employer has not dealt with, or is not dealing with, the matter in a satisfactory way; or

  • (b) the assessor believes on reasonable grounds that, although the matter has not been referred to the teacher's current employer, the current employer will not be able to deal with it effectively because of—

    • (i) an actual or perceived conflict of interest; or

    • (ii) any other exceptional circumstance; or

  • (c) the teacher is not currently employed by an employer; or

  • (d) the report or complaint has been referred to the competence assessor by the CAC.

  (3) If the competence assessor does not investigate the report or complaint, the assessor must refer it to the teacher's current employer.

  (4) If the competence assessor is uncertain about whether or not to investigate a particular report or complaint, he or she must seek guidance from the Teachers Council.