Education (Payment of Relieving Teachers) Order 2012

2012/221

Coat of Arms of New Zealand

Education (Payment of Relieving Teachers) Order 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of August 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 91G(2) of the Education Act 1989, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Education (Payment of Relieving Teachers) Order 2012.

2 Commencement
  • This order comes into force on 21 September 2012.

3 Interpretation
  • (1) In this order,—

    FTTE means full-time teacher equivalent (as that term is used in staffing orders)

    staffing order means an order, made annually, under section 91H of the Act.

    (2) In this order, unless the context otherwise requires, any term defined in section 91A(1) of the Act and used, but not defined, in this order has the same meaning as in that section.

4 Declaration of circumstances justifying central payment of relieving teachers
  • (1) This clause declares, in accordance with section 91G(2) of the Act, the circumstances in which the employment of a relieving teacher justifies the central payment of the teacher's salary.

    (2) The circumstances are that—

    • (a) the relieving teacher is employed by the board of a school during a period in a school year when the teacher's employment (counting the teacher as if he or she were a regular teacher) does not cause the number of regular teachers employed by the board to exceed the number of FTTEs that the board is entitled, under the staffing order applying to that year, to employ at the school; and

    • (b) the board indicates to the Secretary that it wishes to count the employment of the relieving teacher during that period against its FTTE entitlements.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 21 September 2012, is made under section 91G(2) of the Education Act 1989 (the Act). Its purpose is to authorise the central payment of the salaries of relieving teachers employed at schools. In section 91G of the Act, and in this order, relieving teacher has the meaning given in section 91A of the Act, and refers broadly to a teacher who is filling in for a regular teacher (for instance, to cover periods of sickness).

Under the Act, the salaries of regular teachers employed by a board at a school are paid by the Crown and managed by a centralised payroll system. Each school's teacher entitlement is determined by an annual staffing order made under section 91H of the Act.

Section 91G(1) of the Act requires the salaries of relieving teachers who are employed by a board to be paid out of the funds of the board, even though this payment is also managed through the centralised payroll system. However, an Order in Council may be made under section 91G(2) of the Act declaring circumstances to be circumstances that justify the “central payment” of those salaries. If a relieving teacher is employed in the circumstances identified in the Order in Council, central payment of the teacher's salary is justified. The effect of this is that the teacher's salary is paid out of funds allocated for the payment of teachers' salaries, rather than out of the funds of the employing board.

This order identifies the circumstances in which centralised payment of the salary of relieving teachers is justified. The circumstances are that, if the relieving teacher were counted as a regular teacher, the employment of the teacher by the board would not cause the board to exceed the limits on the employment of regular teachers that are imposed on it under a staffing order, and the board indicates to the Secretary that it wishes to count the relieving teacher against its teacher entitlement.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 August 2012.

This order is administered by the Ministry of Education.