These rules, which come into force on 1 January 2014, are made by the Secretary for Education and set out the practice to be followed by schools in respect of things that are dealt with by schools because they are items that endanger the safety of persons or detrimentally affect the learning environment (items) or because they are computers or electronic devices (devices) on which items are stored. The rules also require records to be made and kept of searches undertaken to locate items that are believed to pose an immediate threat to the physical or emotional safety of persons. The powers to deal with items and devices and to undertake searches are conferred on schools by sections 139AAA and 139AAB of the Education Act 1989 (the Act), which also come into force on 1 January 2014.
require boards to keep certain documents for inspection at the school. These are guidelines issued by the Secretary for Education in relation to the retention of items and devices and searches, and also lists of staff members, other than teachers, who are authorised to deal with items and devices or to undertake searches:
provide for the manner in which staff members who are not teachers may be authorised to deal with items and devices or to undertake searches:
set out the considerations that must be taken into account by persons deciding how an item or a device is to be dealt with. These considerations (the relevant considerations) are the health and safety of people, the apparent value of the item or device concerned, and the person believed to be entitled to the possession of the item or device:
require every teacher and every authorised staff member who is in possession of an item or a device that is to be retained to take all reasonable care of the item or device while it is in his or her possession or under his or her control and to place the item or device in secure storage if it is to be retained overnight or for a longer period:
require an item or a device to be returned to the student from whom it has been taken as soon as practicable after a teacher, an authorised staff member, or the board determines, in light of the relevant considerations, that the item or device can be appropriately returned to the student:
provide that, if satisfied that it is appropriate to do so in light of the relevant considerations, a teacher, an authorised staff member, or the board may pass the item or device to another person, such as a parent or caregiver or the person believed to be entitled to the possession of the item or device, or to an agency, such as the New Zealand Police or the New Zealand Customs Service:
provide that, if satisfied that it is appropriate to do so in light of the relevant considerations, a teacher or an authorised staff member may dispose of an item, but no item may be disposed of by sale:
require each board to make and keep a record of every item or device taken under the Act that is retained for 2 nights (each of which follows a day on which the school is open for instruction) or for a longer period. The record must contain the particulars that the board prescribes, including those set out in rule 10(2):
require each board to make and keep a record of every search that is carried out under section 139AAB of the Act. The record must contain the particulars that the board prescribes, including those set out in rule 11(2).