Canterbury Earthquake (Education Legislation) Order 2014

  • revoked
  • Canterbury Earthquake (Education Legislation) Order 2014: revoked, on 2 April 2015, by clause 9.

Reprint as at 2 April 2015

Coat of Arms of New Zealand

Canterbury Earthquake (Education Legislation) Order 2014

(LI 2014/74)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of March 2014

Present:
His Excellency the Governor-General in Council

Canterbury Earthquake (Education Legislation) Order 2014: revoked, on 2 April 2015, by clause 9.

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Education.

Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the relevant Minister made following the Canterbury Earthquake Recovery Review Panel’s review of a draft of the order.

Order

1 Title

This order is the Canterbury Earthquake (Education Legislation) Order 2014.

2 Commencement

This order comes into force on 2 April 2014.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

Act means the Education Act 1989

specified area means the districts of the following territorial authorities:

(a)

Christchurch City Council:

(b)

Selwyn District Council:

(c)

Waimakariri District Council.

(2)

Any modifications and extensions to the Act or to the Education (Early Childhood Services) Regulations 2008 made by this order do not affect the text of the Act or the regulations but require the Act or the regulations to be read as if the Act or the regulations had been amended in the manner indicated in the order.

4 New section 11AA (Purpose of special enrolment scheme for school in specified area)

While this order is in force, the Act must be read as if the following section were inserted after section 11A of the Act:

11AA Purpose of special enrolment scheme for school in specified area

The purpose of a special enrolment scheme under section 11CA is to manage risk that may occur as a result of the Canterbury earthquakes to the network of schools and to the education and welfare of students both within and beyond the specified area.

5 New section 11CA (Special enrolment scheme)

While this order is in force, the Act must be read as if the following section were inserted after section 11C of the Act:

11CA Special enrolment scheme

(1)

The Secretary may, for the purpose set out in section 11AA, approve a special enrolment scheme for a school in the specified area by written notice to the school’s board.

(2)

A special enrolment scheme approved under subsection (1) may include (without limitation) any 1 or more of the following in relation to the school:

(a)

a definition of its home zone:

(b)

categories or descriptions of students who are to be treated as if they live in the home zone for the purpose of section 11D(1):

(c)

a method for selecting applicants who live outside the home zone:

(d)

procedures and instructions for the operation of the scheme.

(3)

The school’s board must comply with any procedures or instructions for the operation of the scheme that are set out in the scheme.

(4)

A special enrolment scheme approved under subsection (1)—

(a)

commences on the date specified in the notice; and

(b)

overrides, until further notice, any other enrolment scheme that the school has; and

(c)

may be amended or revoked by the Secretary, by written notice to the board.

(5)

Sections 11C, 11E to 11N, and 11PA do not apply to a special enrolment scheme or to a school that has a special enrolment scheme.

6 Modification of section 319K of Act (Existing early childhood centres deemed to be licensed)

While this order is in force, section 319K must be read as if the following paragraph were inserted in place of subsection (5)(a):

(a)

expires on a date specified in the licence (being a date that is not later than 24 months after the date of issue); and

7 Modification of Education (Early Childhood Services) Regulations 2008

While this order is in force, the Secretary may waive the licensing fee for a service required under regulation 25 of the Education (Early Childhood Services) Regulations 2008 if—

(a)

the Secretary is satisfied that the service—

(i)

was closed as a result of damage caused by the Canterbury earthquakes; and

(ii)

was, immediately before being closed, a licensed service; and

(b)

the service—

(i)

is unable to reopen at the premises where it operated before it was closed owing to damage caused by the Canterbury earthquakes; and

(ii)

applies for a licence to operate in different premises.

8 Revocation
9 Revocation of this order

This order is revoked on the close of 1 April 2015.

 Michael Webster,
for 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 comes into force on 2 April 2014 and remains in force until the close of 1 April 2015, when it is revoked (see clause 9). This order replaces the Canterbury Earthquake (Education Legislation) Order 2013 (the 2013 order) (see clause 8). This order carries over clauses 4, 5, and 10 of the 2013 order (see clauses 4, 5, and 7) and adds a new provision (see clause 6). Accordingly, the effect of this order is to modify the operation of the Education Act 1989 by—

  • providing for special enrolment schemes for schools in the specified area to manage risk to the school network and students’ education and welfare (see clauses 4 and 5):

  • allowing the Secretary to increase the period of transitional licences from 18 months to 24 months for an early childhood centre damaged in the Canterbury earthquakes (see clause 6).

This order also modifies the Education (Early Childhood Services) Regulations 2008 by allowing the Secretary for Education to waive, in certain circumstances, the licensing fee for a licensed service that was closed by the Canterbury earthquakes (see clause 7).

This order is made under the Canterbury Earthquake Recovery Act 2011 and its effect is temporary.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 March 2014.

Reprints notes
1 General

This is a reprint of the Canterbury Earthquake (Education Legislation) Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Canterbury Earthquake (Education Legislation) Order 2014 (LI 2014/74): clause 9