Supplementary Order Paper No 544

No 544

House of Representatives

Supplementary Order Paper

Tuesday, 21 July 2020

Education and Training Bill

Proposed amendments for the consideration of the Committee of the whole House

Key to symbols used

text inserted

text deleted

Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.

Explanatory note

This Supplementary Order Paper amends the Education and Training Bill (the Bill). The amendments include minor and technical changes to correct errors, remove duplication, promote consistency, and improve clarity. The substantive amendments to the Bill are as follows:

Clause 2(2), which relates to the commencement of the Bill, is amended to delay the commencement of clauses 69 to 71A, 122(1)(d), and Schedule 19 until 1 January 2021 to provide adequate time to transfer responsibilty for school enrolment zones from school boards to the Ministry of Education.

Clause 10, which defines terms used in the Bill, is amended to—

  • insert a new definition in clause 10(1) of chief executive of Oranga Tamariki; and

  • insert new clause 10(2AA), which clarifies that regulations made under clause 10(2) prescribing criteria for the purposes of the definition of domestic tertiary student are a confirmable instrument under section 47B of the Legislation Act 2012; and

  • insert new clause 10(4A), which contains definitions for the purposes of new clauses 612C to 612I; and

  • refine other definitions.

New clause 69A is inserted. The new provision, which clarifies when enrolment schemes are required, reorganises clause 71(3) and clause 4(1) of Schedule 19 into a single provision.

New clause 71A is inserted. The new provision enables the Secretary for Education (the Secretary) to allow certain students who live outside the home zone of a school to attend the school in certain circumstances.

Clauses 95 to 97, which set out a framework regarding the use of physical force by teachers and authorised staff members in relation to students attending registered schools, are replaced with new clauses 95 to 97. The new provisions provide a framework regarding the use of physical restraint in relation to students at registered schools, rather than physical force. In particular, the new provisions—

  • define what constitutes physical restraint and specify when it may be used (clause 95); and

  • require the Secretary to make rules relating to the use of physical restraint at registered schools and to undertake consultation when developing the rules (clause 96); and

  • require the Secretary to issue guidelines relating to physical restraint and behaviour management at registered schools and to undertake consultation when developing the guidelines (clause 97).

Guidelines issued under clause 97 must include—

  • best practice examples of how to use physical restraint, of how to assess significant emotional distress, and of understanding, and to responding safely to, behaviour:

  • a framework for decision making and problem solving to prevent, de-escalate, and safely respond to disruptive or assaultive behaviour:

  • advice on assessing behaviour escalation levels that precede imminent harm to health, safety, or well-being.

Clause 203(g) is consequentially amended to replace the reference to physical force with physical restraint in that provision.

Clause 323 is replaced with a new provision that allows the Minister of Education (the Minister) to establish categories or subcategories of private training establishments by notice in the Gazette.

Clause 396D is amended to add new subclause (8), which provides that if the Minister varies a determination in response to, or to support recovery from, an epidemic or an emergency declared or notified under an enactment, the variation takes effect on a date specified by the Minister.

Clause 612C is replaced with new clauses 612C to 612I. New clause 612C provides that new clauses 612D to 612H apply during certain emergencies. New clause 612D provides that the Secretary may direct education entities to comply with specified requirements. New clause 612E requires education entities to give effect to directions. New clause 612F provides for the publication of directions. New clause 612G provides for the expiry of directions. New clause 612H provides that nothing in new clauses 612C to 612G limits academic freedom. New clause 612I concerns the power of boards to close schools.

Clause 620, which consequentially amends the Bill after its enactment, is amended to add new subclauses (3) to (9) to account for the enactment of the Privacy Act 2020 that comes into force on 1 December 2020.

Clause 621, which relates to repeals and revocations, is amended to account for the repeal of Schedule 23A after its COVID-19 provisions cease to apply.

Schedule 1, which contains transitional, savings, and related provisions, is amended to—

  • insert new subpart 1B (new clauses 5C to 5E). New clause 5C sets out a savings provision for enrolment schemes. New clause 5D provides the Minister with a temporary power to approve the provision of education by a State school, for a limited period, to students outside New Zealand who, on or before 3 July 2020, were enrolled at the school for the 2020 year. New clause 5E provides that, if NZQA approves, registered schools may, for a limited period and in accordance with any temporary rules, provide assessment for NCEA qualifications to students outside New Zealand who, on or before 3 July 2020, were enrolled at the school for the 2020 calendar year; and

  • delete clause 25A, which relates to the interim chief executive of NZIST, as the provision expired on 6 July 2020 and is no longer required; and

  • amend clause 44 to delay the expiry date of the Education (Pastoral Care of Domestic Tertiary Students) Interim code of Practice 2019, in response to the effects of COVID-19, to enable the interim code to remain in place until 1 January 2022; and

  • insert new clause 45A, which provides that export education levies are not payable in respect of the period beginning on 1 January 2020 and ending with the close of 31 December 2021. An export education levy paid in respect of all or part of this period must be refunded; and

  • omit subpart 6 (clause 48), which authorises the making of transitional regulations, as the substance of the provision is covered by clause 4 of Schedule 1.

Clause 5(e)(i) and (ii) of Schedule 9 is amended to change the phrase “allowance or benefit” to “allowance, benefit, or social housing subsidy”.

Clause 7 of Schedule 19 is amended to allow the Secretary to appoint a commencement date for an enrolment scheme that is earlier than a commencement date determined under clause 7(1) or (2) if the Secretary considers that an early commencement is appropriate.

Schedule 20 is amended to delete clause 6, as its provisions are now included in new clause 612I.

Schedule 23A is amended to insert a definition of educational body in clause 2 and update the heading to clause 3.

Departmental disclosure statement

The Ministry of Education considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.

Regulatory impact statement

The Ministry of Education produced a regulatory impact statement on 31 October 2019 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.

The Honourable Chris Hipkins, in Committee, to propose the amendments shown in the following document.

Hon Chris Hipkins

Education and Training Bill

Government Bill

193—2

Contents

1Title
2Commencement
3Outline of Act
4Purpose of Act
5Minister may issue statement of national education and learning priorities
6Statement of expectations
7Tertiary education strategy
8International education strategy
9Te Tiriti o Waitangi
10Interpretation
11Transitional, savings, and related provisions
12Act binds the Crown
13Outline of Part 2
14Purpose of Part 2
15Service providers operating early childhood education and care centres must be licensed
16Certain other service providers may be licensed
17Ministerial approval required for licensing application
17APersons approved to apply for licence must be fit and proper
18Requirements for licensed home-based education and care service
19Playgroups may be certified
20Application of Legislation Act 2012 to certain material incorporated by reference
21Records
22Curriculum frameworks
23Prohibition on corporal punishment and seclusion in early childhood services
24Police vetting in respect of early childhood services
25Kindergarten attendance fees
26Parent’s right to of entry
27Service providers must be licensed
28Offence relating to obstruction of power right of entry
29Offence of insulting, abusing, or intimidating teacher or staff
30Outline of Part 3
31Purpose of Part 3
32Right to free enrolment and free education at State schools (including entitlement to attend full-time)
33Students with special educational needs have same rights to education at State schools as others
34Domestic students aged between 6 and 16 years must be enrolled at registered school
35Students of registered schools required to attend whenever schools are open
36Special education
37Long-term exemptions from enrolment
38Exemption from enrolment of student who has turned 15
39Effect of exemption under section 37 or 38
40Exemption of person placed in residence or programme under Oranga Tamariki Act 1989
41Exceptions to attendance because of well-being or transitional plan
41AExceptions to attendance because of secondary–tertiary programmes and multiple timetable arrangements
42Exemption from attendance because of walking distance to school or some other reason
43Exemption of student from attendance for period of no more than 5 days
44Secretary may require enrolment of certain children at distance school
45Reconsideration of special education enrolment or services
46Board of State school may appoint attendance officer
47Powers of attendance officers and constables
48Release from tuition on religious or cultural grounds
49Release from tuition for specified parts of health curriculum
50Release from tuition for outside tuition or if good reasons to leave early
51Courses, work experience, and visits outside school premises
52Restrictions on employing school-age children
53Application
54Religious instruction and observances in State primary and intermediate schools
55Additional religious instruction
56Student attendance at religious instruction must be confirmed
57Student attendance at religious observances not compulsory
58Teacher may be released from duties to take part in religious instruction or observances
59Exemptions from taxation
60Restrictions on primary school enrolment
61Cohort entry policy
62Dates for starting school under cohort entry policy
63Adoption or revocation of cohort entry policy
64Publication of mid-term start dates
65Restrictions on secondary school enrolment
66Restrictions on enrolment at distance school
67Some domestic students may have to pay fees for tuition from distance schools
68Evening classes
69Purpose and principles
69AWhen enrolment schemes required
70Content of enrolment schemes
71How enrolment schemes work
71AAdditional entitlement to enrol in certain circumstances
72Secretary may direct that students attend particular schools
73Principals may preclude students for health reasons
74Purpose of sections 75 to 85
75Application of sections 76 to 85
76Principals of State Schools may stand down or suspend students
77Powers of State school board when suspended students aged under 16 years
78Secretary’s powers when excluded students aged under 16 years
79Powers of State school board when suspended students aged 16 years over
80Duties of principals when students stood down or suspended from State schools
81Who may attend State school board meeting concerning suspensions
82Effect of suspension on school register
83Re-enrolment of excluded or expelled student
84Notice requirements for stand-downs, suspensions, exclusions, and expulsions
85Secretary may make rules
86Curriculum statements and national performance measures
87Board of State school must consult about delivery of health curriculum
88Restrictions on appointment of teachers
89Restrictions on continued employment of teachers
90Chief executive of distance school not required to be registered
91Restrictions on teachers subject to interim suspension
92Further provisions relating to registration of teachers, practising certificates, and authorities to teach
93Teaching in State primary and intermediate schools must be secular
94Prohibition on corporal punishment and seclusion in registered schools
95Limits on use of physical force at registered schools
96Rules on use of physical force at registered schools
97Guidelines on use of physical force at registered schools
95Limits on use of physical restraint at registered schools
96Rules on use of physical restraint at registered schools
97Guidelines on use of physical restraint and behaviour management at registered schools
98Students at State schools may be released from tuition or for outside tuition
99Students at State schools must receive guidance and counselling and their parents must be told about certain things
100Required police vetting
101Interpretation
102Surrender and retention of property
103Searches of clothing and bags or other containers
104Restrictions on searches under section 103
105Limits on sections 102 and 103
106Prohibitions on searches by contractors
107Refusal to produce, reveal, or surrender item
108Power to search storage containers not affected
109Rules about surrender and retention of property and searches
110Guidelines about surrender and retention of property and searches
111When State schools must be open
112Communities of learning for State schools
113State schools may use off-site locations approved by Minister
114State schools and special institutions must have boards
115Constitution of boards of State schools
116Proprietors of State integrated schools may vary number of board members they appoint
117Boards may alter their constitutions
118Composition of boards of special institutions
119Other provisions relating to boards
119AStatus of board
120Board is governing body
121Bylaws
122Objectives of boards in governing schools
123Staff
124Boards may appoint, suspend, and dismiss principal
125Principal is chief executive of board in relation to school’s control and management
126Board has complete discretion
127Things boards may do
128Board’s policies and practices must reflect cultural diversity
129Statements of variance and annual reports
130Audit
131Annual report to be made available
132Annual financial statements of boards
133School strategic plan and annual implementation plan
134Preparing draft strategic plan
135Secretary to review and approve draft strategic plan
136Amending strategic plan
137Expiry of strategic plan
138Preparing annual implementation plan
139Amending annual implementation plan
140Board to monitor performance against strategic planning documents
141Strategic planning documents to be on Internet site
141AActs in breach of statute are invalid
141BSome natural person acts protected
141CActs that are not in best interests of board
141DDealings between boards and other persons
141EPersonal liability of board members
142 Board to be financially responsible
143Application of Crown Entities Act 2004
144Restrictions on acquisition of securities
145Restrictions on borrowing
146No delegation of power to borrow
147Restrictions on giving of guarantees and indemnities
148Restrictions on use of derivatives
149Gifts
150Real property
150AOccupancy of property and buildings
150BLeases and licences granted by boards
150COther agreements to occupy school land or buildings
151Teaching and learning programmes
152Monitoring of and reporting on student performance
153Code of conduct for board members
154Boards may augment code of conduct for board members
155Board members must comply with code of conduct
156Sanctions for failures to comply with code of conduct
157Validation and invalidation of board elections
158Interventions in State schools by Secretary or Minister
159Requirement to provide information
160Specialist help
161Action plans
162Case conference
163Specialist audit
164Performance notice
165Appointment of additional board member by Minister
166Amendment and revocation of notices
167Limited statutory manager
168Dissolution of board and appointment of commissioner
169No compensation for loss of office
170Commissioners
171Commissioner sets date for election of board members
172Personal liability of limited statutory managers and commissioners
173Annual review of interventions
174Application of interventions to State integrated schools
175Application of interventions to Kura Kaupapa Māori
176Overview: classifications and types of State schools
177Minister may establish State schools
178Single-sex schools
179Names of State schools
180Normal schools, etc
181Contributing schools
182Provision of education at composite schools
183Distance schools
184Specialist schools and special services
185Minister may change classification of school
186Minister may close State school
187Minister may designate and redesignate schools
188Kura Kaupapa Māori
189Te Aho Matua
190Protection of term Kura Kaupapa Māori
191Designated character schools
192Process for establishing designated character schools
193Minister may merge schools
194Restrictions on mergers in certain cases
194AProperty held in trust
195Consultation
196Community education forums
197State integrated schools part of State system
198Application to negotiate integration
199Secretary may require application for registration of school
200Registration of private schools
201Recognition of secondary–tertiary programmes
202Purpose
203Meaning of serious dispute
204Dispute resolution panels
205Chief Referee and deputy chief referees
206Functions of Chief Referee
207Application for dispute resolution
207AForm of application
207BProcedure on receipt of application
207CGrounds for declining application
208Appointment of mediator
208APanel may make recommendation or determination
209Recommendations
210Determinations
211Participation in dispute resolution process
212Settlements
212ADuty to comply with prescribed processes or procedures
213Duty to act independently
213AConflicts of interest
214Personal liability of Chief Referee and deputy chief referees
214APersonal liability of panel members and mediators
215Confidentiality
218Enrolment records
219Building Act 2004
220Offence relating to failure to comply with notice given under section 44
221Offence relating to employing school-age children
222Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools
223Offence relating to interference with attendance officers
224Offence relating to failure to enrol
225Offence relating to irregular attendance
226Hearings of proceedings may be private
227Evidence of school roll, etc
228Burden of proof on parents
229Fines to be paid to board
230Offences relating to operation of private schools
231Outline of Part 4
232Purpose of Part 4
233Objectives of Part 4
234Roles within tertiary education and vocational education and training sectors
235Ministry may hold and disseminate information
236Enrolment of students
237Fees for domestic students
238Ministerial direction to institutions relating to compulsory student services fees
239Institutions to give prospective students information about fees
240Provisions about student loans and allowances and Student Allowance Appeal Authorities
241Programmes
242Membership of students association voluntary
243Prohibition on undue influence
244Complaints regarding undue influence
245Students association membership fees
246Application of sections 242 to 245 to private training establishments
246AObject
247Academic freedom and institutional autonomy of institutions (other than NZIST)
248Establishment of institutions
249Constitution of institutions
250Disestablishment of institutions
251Institutions to be governed by councils
252Incorporation
253Common seal
254Method of contracting
255Constitution to provide for membership of council
256Membership of council
257Certain people disqualified from appointment
258Matters to be considered when appointing council members
259Statutes relating to appointment of members by councils of institutions
260Functions of councils
261Duties of councils
262Powers of institutions
263Powers of councils
264Statutes
265Delegation of council’s functions and powers
266Further provisions relating to delegation
267Criteria for risk assessment of institutions (other than NZIST)
268Institutions to provide information to TEC if required
269Minister may appoint Crown observers for institutions
270Minister may dissolve council and appoint commissioner
271Personal liability of commissioners
272Functions, duties, and powers of commissioner
273Minister to appoint advisory committee
281Duties of chief executive
282Delegation of chief executive’s functions and powers
283Further provisions applying to delegation
284Bank accounts
285Proper accounts to be kept
286How institutions may use income and capital
287Gifts
288Council may establish common fund
289Investment of funds held in common fund
290Income and capital of common fund
291Application of money
292Institutions are Crown entities
293Annual report
294Minister may require related entities to prepare statements or reports
295Annual report to be available for inspection
296Records relating to students
297Secretary may require information
298Vice-Chancellors Committee continued
299Functions of Vice-Chancellors Committee
300Powers of Vice-Chancellors Committee
301NZIST continued
302Functions of NZIST
303NZIST’s charter
304Minister may specify administrative regions for NZIST
305Academic freedom of NZIST
306NZIST must establish regional divisions
307Membership of NZIST’s council
308Matters to be considered when Minister appoints members to NZIST’s council
309Chairperson and deputy chairperson
310Term of office
311Determination of policy
312NZIST’s council must establish advisory committees
313Membership of advisory committees
314NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
315NZIST subsidiary must obtain consent before exercising certain powers
316Criteria for risk assessment of NZIST and related entities
317NZIST or related entity must provide information if required
317AMinister may appoint Crown observer for NZIST
317BSpecialist help
317CPerformance improvement plan
317DMinister may appoint Crown manager for NZIST
317EPersonal liability of Crown manager
317FPowers may be used concurrently
317GMinister may dissolve NZIST’s council and appoint commissioner
317HNZIST’s council may request intervention
318Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
319 Formation of NZIST subsidiaries and provisions that apply
322Application of Schedule 14
323Minister may recognise community tertiary education provider
323Minister may recognise categories of private training establishments
324Requirement to be registered before providing approved programmes or training schemes
325Application for registration as registered establishment
326NZQA may verify identity of governing members of private training establishment
327Grant or refusal of application
328Criteria for determining whether governing member is fit and proper person
329Conditions of registration
330Annual registration fee
331Cancellation of registration
332Effect of cancellation
333Lapse of registration
334Fees for domestic students and employers may not exceed maximums set in conditions of funding
335Information that private training establishments must give prospective students
336Application of rules relating to student fee protection
337Student fees must be deposited with independent trustee
338Refund entitlements of domestic students
339Rules apply if students withdraw because of programme or training scheme closure
340Requirement that funds be paid applies to all components of fee payable
341Ministerial direction to registered establishments relating to compulsory student services fees
342Duties of private training establishments to maintain student records
343Training agreements and apprenticeship training agreements part of employment agreement
344Establishment of workforce development councils
345Disestablishment of workforce development councils
346Incorporation
347Functions of workforce development councils
348Workforce development council’s functions in relation to wānanga
349Workforce development council may not operate registered establishment
350Duties of workforce development councils
351Annual fee payable by workforce development council
352NZQA may issue quality assurance improvement notice
353NZQA may issue compliance notice
353AApplication of Public Audit Act 2001
353BActs in breach of statute invalid
353CSome natural person acts protected
354Apprenticeship training activities must be included in proposed plan
355Duties of persons carrying out apprenticeship training activities
356Minister may issue apprenticeship training code
357Availability of apprenticeship training code
358Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
359Purpose of levy
360Levy may be imposed by Order in Council
360AOrders are confirmable instruments
361Restrictions on making of levy orders
362Further provisions relating to training levy
363Offences relating to information requests from MSD
364Other offences relating to information requests from MSD
365Offences relating to handling student fees
366Offences relating to duties to maintain student records
368Offences relating to use of certain terms
369Offences relating to false representations
370Offence to issue false qualifications and falsify records
371Offence to provide or advertise cheating services
372Offence relating to registration of private training establishments
373Offences relating to enrolment of international students at private training establishments or institutions
374Offences relating to allowances and student loans
375Injunctions and orders of High Court
376Liability of body corporate and directors in respect of certain offences
377Outline of Part 5
378Outline of framework for planning, funding, and monitoring in tertiary education sector
379TEC continued
380Composition of TEC
381Chief executive
382Responsibilities of chief executive
383Chief executive must monitor and report on institutions
383A Additional requirement of NZIST’s council to provide information
384Declaration of interests
385Principles guiding how TEC operates
386Functions of TEC
386ACertain powers may not be delegated
387Duties of TEC in relation to workforce development councils
388Power of TEC to require information from workforce development council
389Power of TEC to audit workforce development councils
390Secretary may delegate certain functions and powers to TEC
390AMinister may delegate functions or powers to TEC
390BMinister may direct TEC
391Charging
392Application of Commerce Act 1986
396Minister must determine design of funding mechanisms
396ARestrictions on design of funding mechanisms
396BFunding mechanisms consistent with quality assurance principle
396CTEC to implement funding mechanisms
396DVariation of determination of design of funding mechanisms
396ECriteria for assessing proposed plans
397TEC may fund tertiary education programmes and activities
398Conditions on receiving funding
398ATEC may decline to assess proposed plans
399Funding other than via plans
400Conditions on funding received under section 399
401NZQA continued
402Constitution
403Chief executive of NZQA
404Functions of NZQA
405Additional functions of NZQA relating to entrance to universities
406Research
407Qualifications Framework
408Directory of Assessment Standards
409Standard-setting bodies
410Approval of programmes
411Conditions on programme approvals
412Accreditation to provide approved programmes
413Conditions on accreditation
414Lapse of accreditation
415Withdrawal of accreditation
416Application for training scheme approval
417Conditions of training scheme approval
418Lapse of training scheme approval
419Withdrawal of training scheme approval
420Consent to assess against standards
421Conditions on consent
422When consent expires or ceases to have effect
423Rules
424Exercise of certain powers of NZQA by Vice-Chancellors Committee
425Powers of NZQA in granting of awards
426NCEA may not be provided outside New Zealand
427Minister may consent to use of certain terms in name or description of registered establishment or wānanga
428Fees
429Power to obtain information
430Compliance notices
432Child care allowances
433Taxation
434Education services to which this subpart applies
435Chief Review Officer to perform certain functions
435AInformation requests
436Review officers
439Functions of Chief Review Officer
440Review officers
441Powers of review officers for purposes of section 439
442Review officers to prove identity before acting under section 441
443Functions of Chief Review Officer
444Review officers
445Powers of review officers for purposes of section 443
446Review officers to prove identity before acting under section 445
447Continuation of Teaching Council
448Composition of Teaching Council
449Ministerial appointment as member
450Disqualification from office
450APurpose of Teaching Council
451Functions of Teaching Council
452Powers of Teaching Council
453Ministerial powers
454Issue of statement of Government policy relating to Teaching Council’s functions
455Reports
456Advisory committees
457Code of conduct
458Teaching Council to make rules
459Delegations
460Chief executive and employees
461Mandatory reporting of dismissals and resignations
462Mandatory reporting of complaints received about former employees
463Mandatory reporting of possible serious misconduct
464Mandatory reporting of failure to reach required level of competence
465Mandatory reporting of convictions
466Disciplinary bodies
467Complaints about conduct
468Complaints and reports relating to teacher conduct
469Powers of Complaints Assessment Committee
470Interim suspension until matter about or involving possible serious misconduct concluded
471Duration of interim suspension
472Powers of Disciplinary Tribunal
473Evidence at Disciplinary Tribunal hearings
474Powers of Disciplinary Tribunal in relation to witnesses
475Privileges and immunities
476Appeals against decisions of disciplinary bodies
476ACompetence Authority
477Complaints about competence
478Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
478APowers of Competence Authority after finding required level of competence not attained
478BAppeals against decisions of Competence Authority
479Education New Zealand continued
480Functions
481Membership of board of Education New Zealand
482Special advisers to board
483International education advisory committee
484Chief executive
485Responsibilities of chief executive
487Application of Part 2 of Commerce Act 1986
488Purpose of subpart 6
489Enrolment of international students
490Certain international students may enrol at State schools as of right
491Fees for international students
492Exemption from paying fees
493Board must reimburse the Crown for expenditure relating to international students
494Courses for international students
495Enrolment of international students
496Fees for international students
497Requirements that private training establishments must comply with before enrolling international students
498Exemptions
499Refund entitlements of international students
500Refund requirements set by Gazette notice
501Private training establishment to notify immigration officer if student withdraws from programme or training scheme
502Signatory providers may enrol persons as international students
503Providers must enrol persons as international students in certain circumstances
504Pastoral care codes of practice
504ASanctions for breach of code
505Student contract dispute resolution scheme established
506Cap on amount to be paid
507District Court to enforce DRS
508Rules of student contract dispute resolution scheme
509How export education levy may be applied
509AOffence relating to providing or offering to provide NCEA outside New Zealand
510Offence relating to failure to report certain matters to Teaching Council
511Other offences
512Offence relating to breach of code resulting in serious harm to or death of students
513Pecuniary penalty relating to breach of code
514Relationship between offences and penalties
515Outline of Part 6
516Funding of certain early childhood services and certified playgroups
517Loans to licensed early childhood services
518Grants and supplementary grants to boards
519Discretionary grants to boards
520Minister may prescribe exemptions to mandatory condition
521Application of Legislation Act 2012
522Effect of non-compliance with conditions of earlier discretionary grants
523Grants for distance schools
524Grants to educational bodies
525Educational bodies to keep accounts
526Reduction in grants if limits not met
526ASchool transport
527Centres situated on land owned by, or leased to, the Crown
528Minister may declare land no longer needed for educational purposes
529Rent for teachers’ residences
530Transfer of Crown assets and liabilities to institutions
531Transfer of land
532Title to land
533Land certification
534Māori land claims
535Registrar-General of Land to register memorial
536Resumption of land on recommendations of Waitangi Tribunal
537Resumption of land to be acquired under Public Works Act 1981
538Resumption of wāhi tapu
539Orders in Council relating to transfer of assets and liabilities
540Effect of disestablishment of institution
541Taxes and duties where disestablished institution incorporated into another institution
542Taxes and duties in other cases
543School risk management scheme
544School risk management scheme fee
545Payroll service
546Salaries of teachers at certain schools to be paid by the Crown
547Restrictions on payment of salaries of regular teachers by boards of payrolled schools
548Payment of salaries of relieving teachers and employment-based trainee teachers
549Limits on appointment and employment of regular teachers at payrolled schools
550Boards to comply with limit
551Secretary may grant exemptions in individual cases
552Application of Employment Relations Act 2000
553Negotiation of conditions of employment
554State Services Commissioner’s powers when collective agreements are negotiated
555Boards indemnified by State Services Commissioner
556Strikes in schools to be notified
557Boards to notify State Services Commissioner about participation in strikes
558Personal grievances and disputes
559Delegation of State Services Commissioner’s powers
560Negotiation of conditions of employment for employees of institutions
561Senior positions at institutions
562Actual conditions of employment
563Personal liability of education service chief executives and employees
564General principles
565Code of conduct
566Performance of teachers
567Equal employment opportunities
568Employees of institutions in education service
569Duty to act independently
570Appointments on merit
571Obligation to notify vacancies
572Restriction of compensation for technical redundancy arising from closure or merger of schools
573Appointment of employees following closure or merger of schools
574Acting appointments
575Chief executives of institutions
576Appointment of chief executive
577Reappointment of chief executive
578Conditions of employment of chief executive
579Removal from office
580Acting chief executive
581Power of Secretary to employ teachers
582Employment-based trainee teaching positions
583Agreements with trainee teachers
584Minister must issue eligibility criteria relating to appointment of principals
585Board may develop additional criteria relating to appointment of principals
586Secretary may require information for administration of Act
587Report on performance of school sector
588National student numbers
588APowers of entry and inspection for places other than dwelling houses
588BReview officers to prove identity before acting under section 588A
589Power to enter and inspect, without warrant, homes used by licensed home-based education and care services
589AReview officers to prove identity before acting under section 589
590Powers of entry and inspection without warrant
591Powers of entry and inspection with warrant
592Powers of entry and inspection
593Entry where private school suspected of being unregistered
594Purpose of sections 595, 596, and 606
595Entry to inspect hostels
596Authorised persons
596AEntry to inspect student accommodation subject to codes
597Powers of entry and inspection
598Entry and inspection powers elsewhere in Act
599Regulations relating to early childhood services
600Regulations relating to certifying playgroups
601Regulations relating to how schools must be run
602Regulations relating to planning, implementation, monitoring, and reporting for schools and boards
603Regulations relating to board elections and appointments
604Regulations relating to imposition of export education levy
605Regulations relating to school risk management scheme
606Regulations relating to school hostels
607Regulations relating to dispute resolution panels
608Regulations relating to student allowances
609Regulations relating to Student Allowance Appeal Authorities
610Regulations relating to charging by TEC
611Regulations relating to pastoral care
611ARegulations relating to national student numbers
612Regulations relating to State integrated schools
612ARegulations relating to composite schools
612BGeneral regulations
612CDirections relating to COVID-19
612CApplication and purpose of sections 612D to 612H
612DPower of Secretary to direct education entities
612EEffect of directions
612FPublication of directions
612GExpiry of directions
612HAcademic freedom unaffected
612IPower of boards to close schools
613Offence relating to attempt to influence employer
614Offences relating to national student numbers
615Offences relating to false representations
616Offence relating to obstructing power of entry
617Offence relating to inspection of hostels
618Offence relating to powers of entry and inspection
619Offence relating to breach of order of Student Allowance Appeal Authority
620Consequential amendments to this Act
620AConsequential amendments to other enactments
621Repeals and revocations

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Education and Training Act 2019.

2 Commencement

(1AA)

Sections 17 and 17A come into force on the earlier of the following:

(a)

a date appointed by the Governor-General by Order in Council:

(b)

the day that is two years after the date on which this Act receives the Royal assent.

(1)

Sections 86, 129, 133 to 141, 151, 152, 161 and Part 2 of Schedule 24 come into force on 1 January 2023.

(2)

Section 122(1)(d)Sections 69 to 71A and 122(1)(d) and Schedule 19 comes into force on 1 January 2021.

(3)

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Outline of Act

(1)

This Act, which sets out New Zealand’s education and training system (the system), is divided into 6 Parts.

(2)

This Part (Part 1) covers the following preliminary matters:

(a)

the purposes of this Act:

(b)

the statement of national education and learning priorities:

(c)

the statement of expectations for agencies serving the system:

(d)

the strategies for tertiary education and international education:

(e)

Te Tiriti o Waitangi:

(f)

the defined terms used in this Act:

(g)

the transitional and savings provisions needed for this Act:

(h)

the extent to which this Act binds the Crown.

(3)

Part 2 sets out provisions regarding early childhood education, which is the initial stage of the system.

(4)

Part 3 sets out provisions regarding primary and secondary education, which are the stages of the system that follow early childhood education.

(5)

Part 4 sets out provisions regarding tertiary education and vocational education and training, which are the stages of the system that follow secondary education.

(6)

Part 5 sets out provisions relating to performance, funding, and support of the system.

(7)

Part 6 sets out provisions relating to the administration of the system.

Compare: 2018 No 4 s 4

4 Purpose of Act

The purpose of this Act is to establish and regulate an education system that—

(a)

provides New Zealanders and those studying in New Zealand with the skills, knowledge, and capabilities that they need to fully participate in the labour market, society, and their communities; and

(b)

supports their health, safety, and well-being; and

(c)

assures the quality of the education provided and the institutions and educators that provide and support it; and

(d)

honours Te Tiriti o Waitangi and supports Māori-Crown relationships.

Compare: 1992 No 55 s 1A; 1989 No 80 ss 145AAA, 160, 376, 377

5 Minister may issue statement of national education and learning priorities

(1)

The Minister may, by notice in the Gazette, issue a statement of national education and learning priorities for early childhood education, primary education, and secondary education.

(2)

The notice may contain the statement in full or describe the statement in general terms and indicate where the full text can be obtained.

(3)

A statement issued under subsection (1)

(a)

must be consistent with the objectives set out in subsection (4); and

(b)

must specify the date on which it takes effect; and

(c)

remains in effect for a period of 5 years unless earlier withdrawn or replaced by notice in the Gazette; and

(d)

must be published on an Internet site maintained by or on behalf of the Ministry.

(4)

The education and learning objectives for early childhood education, primary education, and secondary education are—

(a)

to help each child and young person attain their educational potential; and

(b)

to promote the development, in each child and young person, of the following abilities and attributes:

(i)

resilience, determination, confidence, and creative and critical thinking:

(ii)

good social skills and the ability to form good relationships:

(iii)

participation in community life and fulfilment of civic and social responsibilities:

(iv)

preparedness for work; and

(c)

to instil, in each child and young person, an appreciation of the importance of—

(i)

the inclusion of different groups and persons with different personal characteristics:

(ii)

diversity, cultural knowledge, identity, and the different official languages:

(iii)

Te Tiriti o Waitangi and te reo Māori.

(5)

Before issuing a statement, the Minister must comply with subsection (6) and consult those involved in early childhood education, primary education, and secondary education that the Minister thinks fit to consult.

(6)

The Minister must make reasonable efforts to consult—

(a)

children and young people; and

(b)

national bodies representing the interests of—

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

early childhood services:

(v)

parents:

(vi)

the disability community:

(vii)

support staff in schools and early childhood services:

(viii)

Māori education organisations:

(ix)

Pacific education organisations:

(x)

proprietors of State integrated schools; and

(c)

national bodies that have a particular role in respect of the character of designated character schools.

(7)

Minor changes to a statement issued under this section—

(a)

may be made without undertaking the consultation required by subsections (5) and (6); and

(b)

do not, for the purposes of subsection (3)(c), constitute a withdrawal or replacement of the statement being changed.

(8)

A minor change under subsection (7) is limited to a technical, short, or uncontroversial amendment that does not change or extend the policy of the statement.

(9)

A statement issued under this section is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

(10)

Except as provided in subsection (3)(a), the objectives set out in subsection (4) do not limit or affect the way in which any person is required to exercise a power or perform a function under Part 2 or 3.

Compare: 1989 No 80 s 1A

6 Statement of expectations

(1)

The Minister and the Minister for Māori Crown Relations: Te Arawhiti may, for the purposes of providing equitable outcomes for all students, jointly issue a statement that sets out expectations for agencies—

(a)

serving the education system; and

(b)

for which the Minister is responsible.

(2)

The statement must specify what those agencies must do to give effect to public service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi.

(3)

Before issuing the statement, the Ministers must consult Māori.

(4)

The statement must be issued to each agency specified in the statement and published in the Gazette.

(5)

A statement issued under this section is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act.

7 Tertiary education strategy

(1)

The Minister must, by notice in the Gazette, issue a tertiary education strategy that sets out the Government’s—

(a)

long-term strategic direction for tertiary education, which must include—

(i)

economic goals:

(ii)

social goals:

(iii)

environmental goals:

(iv)

the development aspirations of Māori and other population groups; and

(b)

current and medium-term priorities for tertiary education.

(3)

The Minister may, by notice in the Gazette, withdraw and replace, or amend, a tertiary education strategy.

(4)

Before issuing, withdrawing and replacing, or significantly amending the strategy, the Minister must consult—

(a)

the persons or bodies that the Minister thinks fit to consult in the circumstances; and

(b)

TEC.

(5)

An amendment forms part of the tertiary education strategy it amends.

(6)

A tertiary education strategy remains in place until it is withdrawn or replaced or withdrawn.

Compare: 1989 No 80 ss 159AA, 159AC

8 International education strategy

(1)

The Minister may issue an international education strategy that sets out—

(a)

the Government’s long-term strategic direction for international education; and

(b)

the Government’s current and medium-term priorities for international education.

(2)

Before issuing the Government’s international education strategy, the Minister must consult the organisations or people that, in the Minister’s opinion, have a substantial interest in international education and ought to be consulted.

Compare: 1989 No 80 s 271

9 Te Tiriti o Waitangi

(1)

The main provisions of this Act that recognise and respect the Crown’s responsibility to give effect to Te Tiriti o Waitangi are—

(a)

section 4, which states that the purpose of this Act includes establishing and regulating an education system that honours Te Tiriti o Waitangi and supports Māori-Crown relationships; and

(b)

section 5(4)(c)(iii), which provides that any statement of national education and learning priorities issued by the Minister must be consistent with objectives for early childhood, primary, and secondary education and learning that include instilling in each child and young person an appreciation of the importance of Te Tiriti o Waitangi and te reo Māori; and

(c)

section 6, which provides that the Minister and the Minister for Māori Crown Relations: Te Arawhiti may, for the purpose of providing equitable outcomes for all students, and after consulting with Māori, jointly issue and publish a statement that specifies what the agencies serving the education system, and for which the Minister is responsible, must do to give effect to public service objectives (set out in any enactment) that relate to Te Tiriti o Waitangi; and

(d)

section 122(1)(d), which provides that one of a board’s primary objectives in governing a school is to ensure that the school gives effect to Te Tiriti o Waitangi, including by—

(i)

working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and

(ii)

taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and

(iii)

achieving equitable outcomes for Māori students; and

(e)

subpart 6 of Part 3, which provides for the establishment and operation of Kura Kaupapa Māori, Te Aho Matua, and te kaitiaki o Te Aho Matua; and

(f)

subpart 3 of Part 4, which provides for the establishment and operation of wānanga; and

(g)

clause 4(b) and (d) of Schedule 13, which provides that NZIST must operate in a way that allows it to develop meaningful partnerships with Māori employers and communities and to reflect Māori-Crown partnerships to ensure that its governance, management, and operations give effect to Te Tiriti o Waitangi and to respond to the needs of, and improve outcomes for, Māori learners, whānau, hapū, and iwi.

(2)

Other provisions related to Te Tiriti o Waitangi in the context of the regulation of the education system include—

(a)

the definition of school community in section 10(1), which includes a Māori community associated with a school; and

(b)

section 17(2)(a), which provides that before the Minister may approve a licence for an early childhood education and care centre, the Minister must take into account the availability of services in the area with different offerings, for example, the provision of te reo Māori; and

(c)

sections 258(2)(a), 307(1)(c), 312(1) and (3), 313(2), and 344(3)(b), which provide for Māori contribution to decision making in tertiary education and vocational education and training; and

(d)

section 261(1)(b), which provides that councils of institutions have a duty, in the performance of their functions and the exercise of their powers, to acknowledge the principles of Te Tiriti o Waitangi; and

(e)

section 302(e), which provides that one of the functions of NZIST is to improve outcomes for Māori learners and Māori communities in collaboration with Māori and iwi partners and interested persons or bodies; and

(f)

section 380, which provides that the Tertiary Education Commission TEC comprises members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004 after consultation with the Minister for Māori Development; and

(g)

section 449(4)(b)(v), which provides that when considering whether to appoint a person as a member of the Teaching Council, the Minister must have regard to the collective skills, experience, and knowledge making up the overall composition of the Teaching Council, including understanding of the partnership principles of Te Tiriti o Waitangi; and

(h)

section 564(2)(d), which provides that a good employer in the education service is an employer who operates a personnel an employment policy containing provisions requiring recognition of the aims and aspirations of Māori, the employment requirements of Māori, and the need for greater involvement of Māori in the education service.

10 Interpretation

(1)

In this Act, unless the context otherwise requires,—

academic year means a period of 12 months commencing on 1 January

accreditation means an accreditation granted under section 412

adult student means a student who is aged 20 years of age or over

affected student means a student who is required to attend school in accordance with a multiple timetable arrangement

allowance includes a bursary, a grant, and a scholarship

applicable organisation means an organisation that provides an applicable service

applicable person, in relation to an applicable organisation, means any body or person who administers, controls, governs, manages, operates, or owns the organisation

applicable service means an education service to which any of sections 434(1), 435, 435A, 436, 588A, and 588B 589 apply

apprentice means a person receiving apprenticeship training

apprenticeship training means a type of vocational education and training that—

(a)

is provided for a person who is working in an industry while undertaking training in that industry; and

(b)

is provided wholly or partly at the person’s workplace, mainly by or on behalf of the person’s employer; and

(c)

consists of a programme of study or training, or both, leading to a qualification in the skills of an industry that provides entry into an occupation in that industry; and

(d)

is facilitated by a person that receives funding from TEC

apprenticeship training agreement means an agreement between an employee and their employer that relates to the employee’s receipt of, or that provides for the employee to receive, apprenticeship training

apprenticeship training code means the training code (if any) issued under section 356

approved programme means a programme approved under section 410

approved training scheme means a training scheme approved under section 416

award means—

(a)

a certificate, diploma, degree, or other qualification listed on the Qualifications Framework:

(b)

a certificate or other document granted in recognition of a student’s achievement in and completion of a training scheme:

(c)

a certificate granted in recognition of a student’s achievement in scholarship examinations as part of the student’s secondary education

board member means a member of a board constituted under subpart 5 of Part 3

board of trustees or board means a board constituted under subpart 5 of Part 3, and,

(a)

in relation to a State school, means the school’s board; and:

(b)

in relation to a principal, means the board of the relevant State school:

(c)

includes any commissioner appointed under this Act to act in place of the board

(c)

if a commissioner has been appointed to act in place of a board, means the commissioner

board staff, in relation to a board on any day, means the people who, on the day, are not students enrolled full-time at a school administered by the board and who,—

(a)

on the day, have taken up a permanent appointment to a position in the employment of the board, or a position (at a school administered by the board) in the employment of a body established under this Act or of the Secretary; or

(b)

during the period of 2 months ending with that day, have been continuously employed in that position

capstone assessment, in relation to a student or trainee enrolled in a programme that leads to a qualification, means a final assessment that requires the student or trainee to demonstrate their overall achievement of knowledge, skills, and attributes set out in the graduate profile for the qualification

chief executive of Oranga Tamariki means the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

Chief Referee means the person appointed as Chief Referee under section 205(1)

Chief Review Officer means the chief executive of the Education Review Office

closing date, in relation to a levy, means the date, specified in the ballot paper under clause 11(b) of Schedule 15, by which ballot papers must be returned

code, in relation to pastoral care, means a code of practice issued under section 504

code administrator means a person or agency appointed under regulations made under section 611

cohort entry policy means a policy that provides for a child who proposes to enrol at a State school or State integrated school to be assigned to a group of children and for all of the children in that group to be enrolled in the school on the same date, being a date that is determined in accordance with section 62

combined board means a board that governs more than 1 school

community of learning means a community of learning approved by the Minister in accordance with section 112

Competence Authority means the Competence Authority established by rules made under section 458

Complaints Assessment Committee means the Complaints Assessment Committee established by rules made under section 458

composite school means a school that offers education to students in any of years 1 to 8 and in any of years 9 to 13

contract of enrolment, in relation to an international student, means a written contract entered into between the student (or a parent of the student if the student is under the age of 18 years) and the board of a State school that entitles the student to receive tuition at the school

contributing school means a school that offers education to students in years 1 to 6

council,—

(a)

in relation to an institution other than NZIST, means the body that governs the institution in accordance with section 251:

(b)

in relation to NZIST, means NZIST’s council members appointed under section 307

Crown entity group has the meaning given by section 136(1) of the Crown Entities Act 2004

deputy chief referee means a person appointed as a deputy chief referee under section 205(3)

designated character school means a school designated in accordance with sections 191 and 192

Directory of Assessment Standards means the Directory of Assessment Standards described in section 408

disciplinary body means either or both of the Complaints Assessment Committee and the Disciplinary Tribunal

Disciplinary Tribunal means the Disciplinary Tribunal established by rules made under section 458

distance school means a school for the time being designated under section 183 as a distance school

domestic student means an individual who is—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009; or

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students

domestic tertiary student means an individual—

(a)

who is—

(i)

a New Zealand citizen; or

(ii)

the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (2); or

(iii)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students; and

(b)

who is a tertiary student enrolled at an institution or a registered establishment

DRS means the student contract dispute resolution scheme established under section 505

DRS operator means a person or an agency appointed under section 505(4)

early childhood education and care centre

(a)

means premises that are used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care or children enrolled at a school who are being provided with education or care before or after school) under the age of 6 years by day (or part of a day) but not for any continuous period of more than 7 days; and

(b)

despite paragraph (c), includes premises that—

(i)

are situated within premises of the kinds described in paragraph (c)(i) to (x); and

(ii)

are used regularly or principally for the education or care of 3 or more children under the age of 6 years who are children of—

(A)

staff who work within premises of the kinds described in paragraph (c)(i) to (x); or

(B)

persons attending those premises as residents or students; but

(c)

excludes premises of the following kinds:

(i)

registered schools:

(ii)

hostels:

(iii)

residences (within the meaning of section 2(1) of the Oranga Tamariki Act 1989):

(iv)

institutions under the control of the Ministry of Health or a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000:

(v)

hospital care institutions (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001):

(vi)

children’s health camps operated by an organisation funded by a State service to provide an education service to children attending health camps:

(vii)

premises where all the children present are members of the same family in the care of a member of the family, or members of the same family in the care of a caregiver who is not acting for gain or reward:

(viii)

any premises, during any period of use for the education or care of 3 or more children under the age of 6 years, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children’s parents or caregivers are—

(A)

in close proximity to the children and are able to be contacted; and

(B)

able to resume responsibility for the children at short notice:

(ix)

any premises, during any period of use for the operation of a playgroup, licensed home-based education and care service, or licensed hospital-based education and care service:

(x)

any premises, during any period of use for the education or care of children for any period not exceeding 4 hours a week in circumstances where the children’s parents or caregivers are—

(A)

in close proximity to the children and are able to be contacted; and

(B)

able to resume responsibility for the children at short notice

early childhood education and care service means—

(a)

a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and

(b)

any other early childhood service that is declared to be an early childhood education and care service by regulations made under this Act

early childhood service means an early childhood education and care centre, a home-based education and care service, or a hospital-based education and care service

education with a special character means education within the framework of a particular or general religious or philosophical belief, and associated with observances or traditions relating to that belief

educational outcome means a credit, grade, mark, or other measure of student achievement that contributes towards the student gaining—

(a)

a qualification listed on the Qualifications Framework; or

(b)

an award that recognises the successful completion of a training scheme; or

(c)

recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment Standards

effective date, in relation to an integration agreement, means the date on which the integration of the school takes place

election year means a year divisible by 3

employer, in relation to a teacher or authorised person in a teaching position, means any one of the following who employs, or intends to employ, 1 or more teachers or authorised persons in a teaching position:

(a)

the board of a State school:

(b)

the managers of a private school:

(c)

the person or body that appoints staff at an early childhood education and care service:

(d)

the Secretary, in the Secretary’s capacity as an employer under section 581

employment agreement has the same meaning as in the Employment Relations Act 2000

employment-based trainee teacher means a person who is undertaking an initial teacher education programme that includes a period of employment by a board

employment-based trainee teaching position means a position established by the Secretary under section 582(1)

enrol includes admit, and enrolment and enrolled have corresponding meanings

enrolment scheme means a scheme developed and implemented (and not since abandoned) under this Act or regulations made under this Act

equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of any persons or group of persons

financial product has the meaning given by section 7 of the Financial Markets Conduct Act 2013

financial year,—

(a)

in relation to a school, means a year ending with 31 December:

(b)

in relation to any body, means a year ending,—

(i)

if the Minister has specified a day for the purpose, with that day; and

(ii)

with 30 June in every other case

free kindergarten means an early childhood education and care centre controlled by a free kindergarten association founded for the purpose of establishing and maintaining a kindergarten or kindergartens

full primary school means a school that offers education to students in years 1 to 8

funding approval means a decision made by TEC under section 397 to fund (in whole or in part) some or all of the tertiary education programmes and activities described in an organisation’s proposed plan under clause 10(d) of Schedule 17

governing member, in relation to a private training establishment, means—

(a)

any director:

(b)

any member occupying a position equivalent to that of a director:

(c)

if the establishment is a trust, any trustee:

(d)

if the establishment is a partnership, any partner:

(e)

any senior manager:

(f)

any shareholder with a controlling interest in the establishment

government training establishment means—

(a)

a Crown entity (within the meaning of section 10(1) of the Crown Entities Act 2004) for the time being approved by the Minister for the purposes of this definition; or

(b)

a department (within the meaning of the Public Finance Act 1989) for the time being approved by the Minister for the purposes of this definition; or

(c)

the New Zealand Defence Force; or

(d)

the New Zealand Police

half-day, in relation to a school, means a period of 2 hours or more during which the school is open for instruction

home-based education and care service

(a)

means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are aged 5 years but not enrolled at school, in—

(i)

the children’s own home; or

(ii)

the home of the person providing the education or care; or

(iii)

any other home nominated by a parent of the children; and

(b)

includes the provision of education or care to any child of the person providing the service who is—

(i)

under the age of 5 years; or

(ii)

aged 5 years but not enrolled at school

hospital-based education and care service means the provision of education or care to 3 or more children under the age of 6 years who are receiving hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001

hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

household does not include hostel

immediate caregiver,—

(a)

in relation to a student who usually lives in a household that includes the student’s father or mother but not both, but also includes the spouse or partner of the father or mother, means the spouse or partner; and

(b)

in relation to a student who usually lives in a household that includes the student’s father or mother and no spouse or partner of the father or mother, but also includes a person who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person, means that person; and

(c)

in relation to a student who usually lives in a household that does not include the student’s father or mother, means any member of the household who has turned 20 years and has a day-to-day responsibility for the student clearly greater than that of any other person

independent trustee, in relation to a private training establishment, means a trustee that does not provide any other service to the establishment other than that referred to in section 337

industry means 2 or more enterprises that use—

(a)

the same or similar inputs and methods of production to produce the same or similar products; or

(b)

the same or similar methods to provide the same or similar services

initial teacher education programme means a training programme recognised by the Teaching Council as suitable for people who want to teach

institution means—

(a)

NZIST (including including, as the case requires, its subsidiaries that provide education or training, or both):

(b)

a university:

(c)

a wānanga

integration means the conditions and procedures on and by which a private school may become established as part of the State system of education, and may remain part of that system, on a basis that preserves and safeguards the special character of the education that the school provides, and integrated has a corresponding meaning

integration agreement means an agreement entered into under clause 5 of Schedule 6

intermediate school means a school that offers education to students in years 7 and 8 only

international student means an individual who is not a domestic student

land has the same meaning as in the Land Transfer Act 2017

lead provider means a provider of secondary–tertiary programmes that is recognised by the Minister by notice in the Gazette under clause 5 of Schedule 8 as a lead provider of those programmes

levy group means the members of an industry described in a levy order, or proposed to be described in a levy order, who have to, or are to, pay a levy or proposed levy

licensed early childhood education and care centre means an early childhood education and care centre in respect of which the service provider holds a current licence issued under regulations made under section 599

licensed early childhood service means an early childhood service in respect of which the service provider holds a current licence issued under regulations made under section 599

licensed home-based education and care service means a home-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 599

licensed hospital-based education and care service means a hospital-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 599

listed skill standard means a skill standard that is listed on the Directory of Assessment Standards

lone board means a board that administers 1 school only

managers of a private school means all the people who control and manage the school, whether or not they have a proprietary interest in it

medical practitioner means a health practitioner who—

(a)

is, or is treated as being, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and

(b)

holds a current practising certificate

member of an industry means a person who employs persons who work in that industry or a self-employed person in that industry

Minister means the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or part of this Act

minor change, in relation to a statement of national education and learning priorities, means a technical, short, and uncontroversial amendment that does not change or extend the policy of the statement

MSD has the same meaning as in Schedule 2 of the Social Security Act 2018

multiple timetable arrangement means an arrangement under which more than 1 timetable is run on the same day (whether consecutively or concurrently)

NCEA means national certificate of educational achievement

New Zealand Institute of Skills and Technology or NZIST means the New Zealand Institute of Skills and Technology established continued by section 301

NZIST subsidiary means a Crown entity subsidiary of NZIST

NZQA means the New Zealand Qualifications Authority continued by section 401

overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

parent, in relation to any individual, means,—

(a)

for the purposes of serving on a board of a State school (whether elected, appointed, or co-opted), the mother, father, guardian, or immediate caregiver of the individual:

(b)

for all other purposes, the mother, father, or guardian of the individual

participating board

(a)

means the board of a State school; and

(b)

includes a commissioner appointed in place of a board; but

(c)

excludes a board of a State school or a commissioner if that party has been a participant but, with the Minister’s approval, has withdrawn from, and is not for the time being a participant in, a school risk management scheme

participating student means a student undertaking a secondary–tertiary programme who is enrolled at any of the following:

(a)

a secondary school:

(b)

a composite school:

(c)

a private school, other than a school registered only as a primary school:

(d)

a specialist school that is a relevant school

partner, in the phrase “spouse or partner” and in related contexts, means civil union partner or de facto partner

payrolled school means a school to which section 546 applies

permanent member, in relation to the teaching or general staff of an institution, means a member of the staff who—

(a)

is employed, on a full-time or part-time basis, for a period ending, unless sooner terminated, on the member’s resignation or retirement; or

(b)

has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or

(c)

has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment

person dealing

(a)

means the other party to a transaction, if an act of a board is a transaction; and

(b)

includes a person who has acquired property, rights, or interests from a board

personal property includes money

playgroup means a group that meets on a regular basis to facilitate children’s play and in respect of which—

(a)

no child attends for more than 4 hours on any day; and

(b)

more than half of the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and

(c)

the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time

practising certificate means a certificate issued under clause 10(2) or (6) of Schedule 3

prescribed means prescribed by this Act or by regulations made under this Act

prescribed quality assurance requirements means the quality assurance requirements prescribed by NZQA under section 423(1)(i)

primary education means education for students in a primary, an intermediate, a specialist, or a composite school at the relevant year levels

primary school means a contributing school or a full primary school

principal means the chief executive of a State school and, in relation to a school, a person enrolled at a school, or the enrolment of a person at a school, means the principal of the school, and except in section 115(1)(c) includes an acting principal

private school means a school registered under section 200

private training establishment means an establishment, other than an institution, that provides post-school education or training, including vocational education and training

proceeding means any legal or administrative proceeding, and includes an arbitration

professional leader means—

(a)

the principal:

(b)

in the case of an early childhood service, the professional leader of the service:

(c)

in the case of any other educational institution, the chief executive or person occupying an equivalent position

programme, in relation to an institution within the meaning of section 410(7), means a programme of study or training that leads to a qualification listed on the Qualifications Framework

property means real and personal property of every description

proprietor means the body corporate that—

(a)

has the primary responsibility for determining the special character of a private school or State integrated school and for supervising the maintenance of that special character; and

(b)

owns, holds in trust, or leases the land and buildings that constitute the premises of the private school or a State integrated school

provider

(a)

means a person or body that is—

(i)

a registered school; or

(ii)

an institution; or

(iii)

a registered establishment; or

(iv)

an organisation that provides adult and community education that receives funding under section 397 or 399:

(b)

has, for the purposes of Part 4, the meaning specified in paragraph (a) and includes—

(ii)

a government training establishment, a registered establishment, and a wānanga:

(iii)

a relevant school:

(c)

means, in relation to pastoral care in subpart 7 of Part 5, a person or body that is,—

(i)

in respect of international students, a registered school, an institution, or a registered establishment; or

(ii)

in respect of domestic tertiary students, an institution or a registered establishment

provider group means a group of providers of secondary–tertiary programmes that is recognised by the Minister by notice in the Gazette under clause 1 of Schedule 8 as a provider group

psychologist means a health practitioner who—

(a)

is, or is treated as being, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; and

(b)

holds a current practising certificate

qualification means a qualification listed on the Qualifications Framework, which may include qualifications offered by universities

Qualifications Framework means the framework described in section 407

qualifying member, in relation to a levy group, means a member who does not have a certificate of exemption under clause 15 of Schedule 15

reasonably convenient school means a State school that a reasonable person living in the area in which the school is situated would judge to be reasonably convenient for a particular student, taking into account the age of the student, the distance to be travelled, the time likely to be spent in travel, the reasonably available modes of travel, common public transport routes, and relevant traffic hazards; and the meaning may vary as between different schools depending on—

(a)

whether the school is a single-sex or co-educational school:

(b)

whether the school is an ordinary State school, a Kura Kaupapa Māori, a designated character school, a State integrated school, or a specialist school:

(c)

whether the school is a primary, an intermediate, a secondary, or a composite school

record of achievement means a record of a student’s educational outcomes maintained by NZQA or a tertiary education provider

refund period means,—

(a)

in relation to a domestic student who, before 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the 7 days after the first day of the programme or scheme for which the attendance of the student at the establishment is required:

(b)

in relation to a domestic student who, on or after 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the period of time that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the later of 7 days after—

(i)

the first day of the programme or scheme for which the attendance of the student at the establishment is required; or

(ii)

any other day that the establishment permits the student to begin attendance

registered establishment means a private training establishment that has been granted registration by NZQA under subpart 5 of Part 4 and whose registration has not been cancelled

registered school means a State school, a State integrated school, or a private school

registration or registered, in relation to any person, means the entry of the person’s name on the register kept under clause 8 of Schedule 3

regular teacher means a teacher who is not a relieving teacher or an employment-based trainee teacher

related entity, in relation to an institution, means a person or body that is a related party for the purpose of any financial reporting standard that applies to the institution under generally accepted accounting practice

relevant industry means the industry described in the levy order or proposed levy order

relevant school means—

(a)

a secondary school; or

(b)

a composite school; or

(c)

a private school, except a school registered as a primary school only; or

(d)

a specialist school

relieving teacher means a teacher employed by a board to undertake some or all of the duties of a regular teacher who, at that time, is absent from work but remains employed (on salary) by the board

review officer means a person designated under section 436, and includes the Chief Review Officer

school community, in relation to a school, means—

(a)

the parents, families, and whānau of the school’s students; and

(b)

the Māori community associated with the school; and

(c)

any other person, or group of persons, who the board considers is part of the school community for the purposes of the relevant provision

school risk management scheme means the school risk management scheme established under section 543

seclude, in relation to a student or child, means placing the student or child involuntarily alone in a room from which they cannot, or believe they cannot, freely exit

secondary component, in relation to a secondary–tertiary programme, means the portion of the programme that consists of participation in secondary education, whether or not provided by the school at which the participating student is enrolled

secondary education means education for students in a secondary, specialist, or composite school at the relevant year levels

secondary school means a school that offers education to students in any of years 9 to 13

secondary–tertiary programme means a full-time programme for a participating student that—

(a)

consists of a secondary component and a tertiary component; and

(b)

is co-ordinated by a provider group or a lead provider in accordance with the provisions in Schedule 8

Secretary means the chief executive of the Ministry

senior manager, in relation to a private training establishment, means—

(a)

the chief executive officer or person occupying an equivalent position; or

(b)

any member of staff in charge of academic issues, marketing, administration, finance, student fee trust funds, or student services

serious criminal activity means any offence involving fraud, violence, or harm to children, any sexual offence, or any crime involving dishonesty

serious harm, in relation to a domestic tertiary student or an international student, means an event or circumstances that seriously and detrimentally affect the ongoing welfare of the student, including (without limitation) physical injury, physical illness, or mental illness

serious misconduct means conduct by a teacher—

(a)

that—

(i)

adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or

(ii)

reflects adversely on the teacher’s fitness to be a teacher; or

(iii)

may bring the teaching profession into disrepute; and

(b)

that is of a character or severity that meets the Teaching Council’s criteria for reporting serious misconduct

service provider means each of the following:

(a)

in relation to an early childhood education and care centre, the body, agency, or person who operates the centre:

(b)

in relation to a home-based education and care service, the body, agency, or person who provides, or offers to provide, that education or care:

(c)

in relation to a hospital-based education and care service, the body, agency, or person who provides that education or care:

(d)

in relation to a playgroup, the person or persons who operate the playgroup

signatory provider means a provider that is a signatory to a code issued under section 504(1)(b) or (c)

skill standard

(a)

means a specification of skills and levels of performance in those skills; and

(b)

in relation to any vocational education and training (or proposed vocational education and training), means a specification of some or all of the skills in which training is (or is proposed to be) received, and the levels of performance in those skills intended to be attained by people receiving the training

solicited voluntary payment from parents, for in relation to a board, means a payment that is—

(a)

to be made or made by or on behalf of a parent, or parents, of any student, or students, likely to be enrolled or enrolled at any school administered by the board; and

(b)

a payment that the parent has, or that those parents have, no legal obligation to make; and

(c)

sought in any way, directly or indirectly, (whether directly or indirectly) from the parent or those parents, by or on behalf of the board

special education means education for children who require educational services beyond that normally obtained in an ordinary class in a State school

special institution means a State school that is—

(a)

for the time being specified in Schedule 2; or

(b)

a distance school

special programme means a programme, or a programme of a type, that the Secretary has, by notice in the Gazette, approved as a special programme and—

(a)

that provides—

(i)

special education; or

(ii)

Māori language immersion classes; or

(iii)

any other type of specialised education to overcome educational disadvantage; or

(b)

that is a programme—

(i)

that takes a significantly different approach in order to address particular student needs; and

(ii)

that would not be viable unless it could draw from a catchment area beyond the school’s home zone; and

(iii)

to which entry is determined by an organisation or process that is independent of the school

special service means a service established under section 184 as a special service

specialist school means a school that offers special education to students in any of years 1 to 13

specified industries, in relation to a workforce development council, means the 1 or more specified industries covered by the workforce development council

specified user means—

(a)

an education provider; and

(b)

the Ministry; and

(c)

NZQA; and

(d)

TEC; and

(e)

any other agency or body declared by regulations made under section 611A to be a specified user

State integrated school means a State school that—

(a)

offers education with a special character; and

(b)

has been established as a State integrated school under clause 5 of Schedule 6

State school means a school that is a primary school, an intermediate school, a composite school, a secondary school, or a specialist school

student accommodation means premises that are exempt under section 5B of the Residential Tenancies Act 1986

student claimant, in relation to a provider or signatory provider, means a person who—

(a)

is a domestic tertiary student or an international student enrolled by the provider or signatory provider; or

(b)

is a former tertiary domestic student or a former international student enrolled by the provider or signatory provider; or

(c)

intends to be, or is in the process of being, enrolled by the provider or signatory provider as a domestic tertiary student or an international student

Te Aho Matua means a statement that sets out an approach to teaching and learning that applies to schools designated under section 188

te kaitiaki o Te Aho Matua means the body commonly known as Te Rūnanga Nui o Nga Kura Kaupapa Māori o Aotearoa, being the most suitable to be responsible for determining the content of Te Aho Matua and for ensuring that it is not changed to the detriment of Māori

teacher includes—

(a)

a registered teacher; and

(b)

a former registered teacher; and

(c)

a person who holds a limited authority to teach; and

(d)

a person who formerly held a limited authority to teach

Teaching Council means the Teaching Council of Aotearoa New Zealand continued by section 447(1)

teaching position means a position in a registered school or licensed early childhood service that—

(a)

requires its holder to instruct students; or

(b)

is the professional leader, deputy professional leader (however described), or assistant principal of a school; or

(c)

is the professional leader of an early childhood service or other educational institution

TEC means the Tertiary Education Commission continued by section 379(1)

tertiary component, in relation to a secondary–tertiary programme, means the portion of the programme that consists of the participating student’s apprenticeship training or participation in tertiary education that—

(a)

is provided by any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a specialist school that is a relevant school:

(ii)

the managers of a private school, other than a school registered only as a primary school:

(iii)

a government training establishment:

(iv)

an institution:

(v)

a registered establishment; and

(b)

may include work experience (other than work experience obtained by a student under section 51) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme

tertiary education organisation means—

(a)

a tertiary education provider:

(b)

a workforce development council:

(c)

an individual or body that—

(i)

provides tertiary education-related services; and

(ii)

is identified as a tertiary education organisation by the Minister by notice in the Gazette

tertiary education provider means any of the following:

(a)

an institution:

(b)

a registered establishment:

(c)

a government training establishment:

(d)

any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education

trainee

(a)

means an employee who has a training agreement; and

(b)

includes an apprentice

training agreement means an agreement between an employer and an employee that relates to the employee’s receipt of, or provides for the employee to receive, vocational education and training (whether provided by the employer or some other person)

training package, in relation to an industry qualification,—

(a)

means materials developed by a workforce development council that are designed to assist providers in developing and delivering programmes leading to the industry qualification and to enhance consistency of graduate outcomes in respect of the qualification; and

(b)

includes (without limitation) core content, delivery modes, and assessment methods in respect of those programmes

training scheme means study or training that—

(a)

leads to an award; but

(b)

does not, of itself, lead to an award of a qualification listed on the Qualifications Framework

university means an institution established as a university under section 248(1)

unsupervised access, in relation to children at a licensed early childhood service or students at a school, means access to any child that is not access by, or supervised by, or otherwise observed by, or able to be directed (if necessary) by, any 1 or more of the following:

(a)

a registered teacher or holder of a limited authority to teach:

(b)

an employee of the school or service on whom a satisfactory Police vet has been conducted within the last 3 years:

(c)

a parent of the student

Vice-Chancellor, in relation to a university, means the chief executive of the university, by whatever name called

Vice-Chancellors Committee means the New Zealand Vice-Chancellors Committee continued by section 298

vocational education and training

(a)

means education and training that lead to the achievement of industry-developed skill standards, qualifications, or other awards; and

(b)

includes work-based training

walking distance, in relation to travel between a person’s residence and a school,—

(a)

where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or a combination of both) between the residence and the school; and

(b)

where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or a combination of both) or, where the distance is greater in one direction than the other, the greater distance:

(i)

the distance between the residence and the place where public transport must first be taken (or finally be left); and

(ii)

the distance between the school and the place where public transport must finally be left (or first be taken); and

(iii)

every intermediate distance between one element of public transport and another

wānanga means an institution established as a wānanga under section 248(1)

work-based training means systematic training and assessment (including apprenticeship training) in the skills characteristic of, or likely to be valuable to, persons engaged in an industry (or 2 or more industries) that is provided to persons engaged in that industry (or those industries)—

(a)

by or on behalf of employers in that industry (or those industries); or

(b)

for the benefit of employers and employees in that industry (or those industries)

workforce development council means a workforce development council established under section 344.

(2)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (a)(ii) of the definition of domestic tertiary student in subsection (1).

(2AA)

The explanatory note of regulations made under subsection (2) must indicate that

(a)

they are a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of the Legislation Act 2012.

(2A)

Despite the definition of immediate caregiver in subsection (1), a student does not have an immediate caregiver if the student—

(a)

usually lives in a household that includes the student’s father and mother; or

(b)

usually spends approximately equal time in 2 or more households; or

(c)

does not usually live in a household.

(2B)

For the purposes of—

(a)

subpart 2 of Part 5 (apart from sections 412 to 415, and 427), the definition of institution in subsection (1) includes any government training establishment, registered establishment, relevant school, or other body:

(b)

sections 412 to 415, the definition of institution in subsection (1) includes any government training establishment, registered establishment, or relevant school.

(3)

For the purposes of sections 530 to 539, unless the context otherwise requires,—

agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law

assets means any real or personal property of any kind, whether or not subject to rights, and includes (but is not limited to)—

(a)

any estate or interest in any land, including all rights of occupation of land or buildings:

(b)

all buildings, vehicles, plant, equipment, and machinery, and any rights in them:

(c)

all livestock, products from livestock, and crops:

(d)

all financial products within the meaning of the Financial Markets Conduct Act 2013:

(e)

all rights of any kind, including rights under Acts, deeds, agreements, or licences, planning rights, water rights, and clean air licences, and all applications for and objections against applications for those rights:

(f)

all patents, trade marks, designs, copyright, and other intellectual property rights whether enforceable by Act or rule of law:

(g)

goodwill, and any business undertaking:

(h)

all natural gas, petroleum, and other hydrocarbons

institution includes a subsidiary of an institution

liabilities includes—

(a)

liabilities and obligations under any Act or agreement; and

(b)

deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and

(c)

contingent liabilities

rights includes powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective

transfer includes—

(a)

to assign and convey; and

(b)

to vest by Order in Council; and

(c)

to confer estates in fee simple of land held by the Crown; and

(d)

to grant leases, rights, and interests in any real or personal property; and

(e)

in the case of liabilities, the assumption of the liabilities by an institution.

(4)

For the purposes of subpart subparts 3 and 4 of Part 6, unless the context otherwise requires,—

education service means—

(a)

service in the employment of—

(i)

a State school; or

(ii)

an integrated school; or

(iii)

an institution; or

(iv)

any other educational institution place of education for which a separate employer for the purposes of this Act is designated by any enactment or by the Minister:

(b)

service as a registered teacher in the employment of any free kindergarten association that controls a free kindergarten:

(c)

service as a teacher in the employment of the Secretary under section 581

employer,—

(a)

in relation to any institution, means

(i)

the board; or

(ii)

if a Commissioner has been appointed to act in place of the board, that Commissioner:

(a)

in relation to a State school, means the board:

(b)

in relation to any free kindergarten, means the free kindergarten association by which that free kindergarten is controlled:

(c)

in relation to an institution, means the chief executive of that the institution:

(d)

in relation to any other institution place of education in the education service, means—

(i)

the person or body designated by an enactment as the employer for the purposes of this Act in respect of that institution the place of education; and

(ii)

in the absence of a person or body designated by an enactment, means a person or body designated for that purpose by the Minister:

(e)

in relation to the employment of a person employed as a teacher under section 581, means the Secretary.

(4A)

For the purposes of sections 612C to 612I, unless the context otherwise requires,

education entity means

(a)

a registered school:

(b)

a service provider:

(c)

a hostel:

(d)

a private training establishment:

(e)

an institution:

(f)

an educational body

educational body

(a)

means a body corporate that is recognised by the Minister as a body that provides any educational or developmental service or facility; and

(b)

includes a tertiary education organisation

governing body, in relation to an education entity, means the body that is primarily responsible for the governance of the education entity

instruction includes the provision of education services through online or distance learning, or through any other means.

(5)

Unless the context otherwise requires,—

(a)

every reference in Schedule 6 to a State school is to be treated as excluding a State integrated school:

(b)

every reference elsewhere in this Act and in any other enactment or document to—

(i)

a State primary school is to be treated as including a State integrated school that is a primary school:

(ii)

a State secondary school is to be treated as including a State integrated school that is a secondary school:

(iii)

a State school is to be treated as including a reference to a State integrated school.

(6)

The Governor-General may, by Order in Council, amend Schedule 2 by—

(a)

adding the name of a State school to it; or

(b)

omitting the name of a State school from it; or

(c)

substituting for the name of a State school any different name.

Compare: 1964 No 135 s 2; 1989 No 80 ss 2, 11B, 60, 91A, 92, 139AC, 145, 159, 159B, 164A, 216, 232, 234C, 238D, 239, 246, 302, 309, 320, 323, 342, 348, 378, 414, 476B, Schedule 6 cls 1, 19; 1992 No 55 ss 2, 25

11 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Compare: 1989 No 80 s 2A

12 Act binds the Crown

This Act binds the Crown.

Compare: 1989 No 80 s 415; 1992 No 55 s 4; 2018 No 32 s 12;

Part 2 Early childhood education

13 Outline of Part 2

(1)

This Part, which concerns the regulation of early childhood education, is divided into 3 subparts.

(2)

Subpart 1 provides for the licensing and certification of early childhood services.

(3)

Subpart 2 concerns the administration of licensed early childhood services.

(4)

Subpart 3 sets out several offence provisions.

Compare: 1989 No 80 s 308

14 Purpose of Part 2

The purpose of this Part is to regulate an early childhood education system where all children are able to participate and receive a strong foundation for learning, positive well-being, and life outcomes by—

(a)

setting standards to support quality provision and learning; and

(b)

supporting the health, safety, and well-being of children; and

(c)

enabling parental choice by providing for licensing and funding of different types of provision.

Subpart 1—Licensing and certification

15 Service providers operating early childhood education and care centres must be licensed

(1)

A service provider who operates an early childhood education and care centre must be licensed in accordance with regulations made under section 599.

(2)

A licensed early childhood education and care centre may be operated within the premises of a registered school, and its status as an early childhood education and care centre is not affected by the fact of its being operated within those premises.

Compare: 1989 No 80 ss 310(4), 315(1)

16 Certain other service providers may be licensed

A service provider who provides a home-based education and care service or a hospital-based education and care service may, but need not, be licensed in accordance with regulations made under section 599 in respect of the service.

Compare: 1989 No 80 s 316

17 Ministerial approval required for licensing application

(1)

Despite sections 15 and 16, a person must apply to the Minister for approval to apply for a licence to operate—

(a)

a licensed early childhood education and care centre:

(b)

a licensed home-based education and care service:

(c)

a licensed hospital-based education and care service.

(2)

The Minister may grant approval, but, before doing so, must take into account—

(a)

the relevant attributes of the area to be served, including (without limitation) the demography of the area, the needs of the communities in the area, the needs of the children in the area, and the availability of services in the area with different offerings (for example, the provision of te reo Māori); and

(b)

the suitability of the applicant and of every person involved in the governance of the proposed service, which, as a minimum, requires the Minister to determine whether each person—

(i)

is a fit and proper person; and

(ii)

has obtained a satisfactory Police vet for the purposes of the application; and

(c)

the applicant’s financial position; and

(d)

the licensing history of—

(i)

any other early childhood services previously or currently owned, operated, or managed by, or otherwise connected with, the applicant; and

(ii)

every person involved in the governance of the proposed service.

(3)

If the Minister considers this information insufficient to decide whether to grant approval, the Minister may ask the applicant to supply more information.

(4)

The applicant may not apply for a licence without the Minister’s approval.

(5)

Approval to apply for a licence is irrelevant to the granting of a licence (as a licence may only be granted in accordance with regulations made under section 599).

(6)

An approval expires 2 years after the date on which it is given; however, the Minister may, on application before the expiry, extend the expiry date if the Minister thinks fit to do so in the circumstances.

17A Persons approved to apply for licence must be fit and proper

(1)

In assessing whether a person is a fit and proper person to be granted approval to apply for a licence under section 17, the Minister must take into account whether the applicant—

(a)

has been convicted of any offence involving harm to children, violence, or fraud:

(b)

has any health conditions that may affect the applicant’s ability to comply with this Act and the terms of the licence:

(c)

is, or has been, subject to a property order or personal order under the Protection of Personal and Property Rights Act 1988:

(d)

owes, or has owed, money to the Crown, including in respect of bodies that the applicant has been involved in managing:

(e)

has been adjudged adjudicated bankrupt under the Insolvency Act 2006 or the Insolvency Act 1967:

(f)

has been prohibited from being a director or promoter of, or being concerned or taking part in the management of,—

(i)

a company under the Companies Act 1993; or

(ii)

any other body corporate:

(g)

has, or has had, any role as a governing member of an entity or organisation that became insolvent, including being placed in liquidation, receivership, or voluntary administration:

(h)

is, or has been, subject to any prohibition against acting as an employer or an officer of an employer under the Employment Relations Act 2000:

(i)

has had previous involvement in an early childhood service in respect of which—

(i)

an application for a licence was refused; or

(ii)

a licence was suspended or cancelled.

(2)

The Minister may take into account any other criteria that the Minister considers relevant.

18 Requirements for licensed home-based education and care service

(1)

A licensed home-based education and care service may be provided to no more than 4 children per home.

(2)

While children are participating in the service, the total number of children present in a home in which the service is provided (including those receiving the service) may not be more than 6.

(3)

In this section,—

children means children aged 13 years or younger (other than children of the educator who are enrolled at school)

educator means the person who—

(a)

provides education and care and comfort directly to children in the person’s care; and

(b)

attends to the health and safety of those children.

Compare: 1989 No 80 s 317A

19 Playgroups may be certified

A service provider who operates a playgroup may, but need not, apply for a certificate issued under regulations made under section 600 in respect of the playgroup.

Compare: 1989 No 80 s 318

20 Application of Legislation Act 2012 to certain material incorporated by reference

(1)

This section applies if section 49 of the Legislation Act 2012 is relied on to incorporate material by reference in criteria prescribed under section 599(2)(b) or 600(2)(b) of this Act.

(2)

If this section applies, subpart 2 of Part 3 of the Legislation Act 2012 (other than section 51) applies.

Compare: 1989 No 80 s 319AA

21 Records

The service provider of a licensed early childhood service must keep, and make available to the Secretary on request,—

(a)

a register of the children who attend or have attended the service, specifying the date of birth of each; and

(b)

a record of the attendance of children at the service; and

(c)

a record of all fees and other charges paid in respect of children’s attendance at the service; and

(d)

evidence that parents of children attending the service have regularly examined the attendance record; and

(e)

any other records that are necessary to enable the service’s performance to be monitored adequately.

Compare: 1989 No 80 s 313

Subpart 2—Administration

22 Curriculum frameworks

(1)

The Minister may prescribe or change a curriculum framework for—

(a)

licensed early childhood services:

(b)

certified playgroups.

(2)

The Minister may prescribe or change a curriculum framework only if the Minister has consulted with organisations that the Minister considers represent those likely to be substantially affected by the framework or change.

(3)

As soon as practicable after prescribing or changing a curriculum framework, the Minister must give notice in the Gazette

(a)

stating that the framework has been prescribed or changed; and

(b)

setting out the framework or change, or stating where a copy of the framework or change can be obtained.

(4)

The notice may specify—

(a)

different commencement dates for different provisions of the curriculum framework or for different purposes; and

(b)

a transitional period during which service providers may elect to comply with another specified curriculum requirement.

(5)

A service provider must implement any applicable curriculum framework in accordance with any regulations made under section 599 or 600.

Compare: 1989 No 80 s 314

23 Prohibition on corporal punishment and seclusion in early childhood services

(1)

A person must not—

(a)

use force, by way of correction or punishment, toward a child enrolled at or attending an early childhood service; or

(b)

seclude a child enrolled at or attending an early childhood service.

(2)

In this section, person means an individual who—

(a)

is employed or engaged by a service provider of an early childhood service; or

(b)

is supervising or controlling a child on behalf of a service provider of an early childhood service; or

(c)

owns, manages, or controls an early childhood service.

Compare: 1989 No 80 ss 139A, 139AB

24 Police vetting in respect of early childhood services

A service provider of a licensed early childhood service must obtain police vets of non-teaching and unregistered employees, contractors, and other adults in accordance with Schedule 4.

25 Kindergarten attendance fees

(1)

Fees may be charged in respect of the attendance of any child at any kindergarten (whether or not it is known or described as a free kindergarten).

(2)

Subsection (1) has effect despite anything to the contrary in—

(a)

any enactment or rule of law; or

(b)

anything in the constitution of any body corporate.

Compare: 1989 No 80 s 319I

26 Parent’s right to of entry

The parent of a child has a right to enter the premises of a licensed early childhood education and care centre or a licensed home-based education and care service when the child is there unless the parent—

(a)

is required to comply with—

(i)

a court order that prohibits access to, or contact with, the child (either generally or when attending the centre or service); or

(ii)

a warning under section 4 of the Trespass Act 1980 to stay off the premises; or

(b)

is suffering from a contagious or infectious disease likely to have a detrimental effect on the children if passed on to them; or

(c)

is, in the opinion of a person responsible for the operation of the centre or service,—

(i)

under the influence of alcohol or any other substance that has a detrimental effect on the functioning or behaviour of the person; or

(ii)

exhibiting behaviour that is, or is likely to be, disruptive to the effective operation of the centre or service.

Compare: 1989 No 80 s 319A

Subpart 3—Offences

27 Service providers must be licensed

(1)

Every service provider who operates an early childhood education and care centre commits an offence if the service provider—

(a)

operates the centre without holding a current licence to operate the centre; or

(b)

ceases to operate a centre for which it holds a current licence to operate the centre, in circumstances other than an emergency, without first telling the Secretary that it intends to stop operating the centre; or

(c)

ceases to operate the centre for which it holds a current licence to operate the centre, in circumstances involving an emergency, and fails to tell the Secretary as soon as practicable after the closure.

(2)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an offence against subsection (1)(a), by to a fine not exceeding $50,000; and

(b)

in the case of an offence against subsection (1)(b) or (c), by to a fine not exceeding $200.

Compare: 1989 No 80 s 315(2), (3)

28 Offence relating to obstruction of power right of entry

A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power right of entry conferred by section 26.

Compare: 1989 No 80 s 319H

29 Offence of insulting, abusing, or intimidating teacher or staff

A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who intentionally insults, abuses, or intimidates a teacher or staff member of an early childhood education and care centre—

(a)

within the presence or hearing of any child at the centre; and

(b)

while on centre premises or in any other place where children are assembled for purposes associated with the centre.

Compare: 1989 No 80 s 319G

Part 3 Primary and secondary education

30 Outline of Part 3

(1)

This Part, which concerns primary and secondary education, is divided into 11 subparts.

(2)

Subpart 1 concerns priorities, rights, and responsibilities.

(3)

Subpart 2 concerns restrictions on the right to enrol and attend school.

(4)

Subpart 3 concerns teaching, learning, and well-being.

(5)

Subpart 4 concerns searches and the surrender of property.

(6)

Subpart 5 concerns the administration of State schools.

(7)

Subpart 6 concerns the establishment and designation of State schools.

(8)

Subpart 7 concerns private schools.

(9)

Subpart 8 concerns secondary–tertiary programmes.

(10)

Subpart 9 concerns resolving serious disputes.

(11)

Subpart 10 sets out various miscellaneous provisions.

(12)

Subpart 11 sets out several offence provisions.

Compare: 1989 No 80 s 308

31 Purpose of Part 3

The purpose of this Part is to establish a schooling system that supports all learners/ākonga to gain the skills and knowledge they need to be lifelong learners/ākonga and fully participate in the labour market, society, and their communities by—

(a)

ensuring that all children and young people are present in the schooling system to be able to exercise their right to an education, including setting up fair and consistent processes when students are excluded from the system that aim to return them to education as soon as possible; and

(b)

supporting the health, safety, and well-being of students; and

(c)

providing for what is to be taught in schools; and

(d)

establishing governing bodies for State and State integrated schools, and providing for their elections, duties, powers, administration, and accountabilities; and

(e)

establishing and managing a network of State schools that allows every student to access quality schooling and provides choice about the types of education they receive; and

(f)

regulating the teaching profession to ensure the quality of teaching in the schooling system, including (without limitation) setting standards for the registration of teachers; and

(g)

providing for the efficient and effective administration of the schooling system; and

(h)

honouring Te Tiriti o Waitangi and supporting Māori-Crown relationships that make a difference to learning; and

(i)

reflecting and integrating te reo Māori, tikanga Māori, mātauranga Māori, and te ao Māori in the schooling system.

Subpart 1—Priorities, rights, and responsibilities

32 Right to free enrolment and free education at State schools (including entitlement to attend full-time)

(1)

Except as provided in this Part, every domestic student is entitled to free enrolment and free education at any State school during the period beginning on the student’s fifth birthday and ending on 1 January after the student’s 19th birthday.

(2)

This right includes the entitlement to attend the school at which the student is enrolled during all the hours that the school is open for instruction.

Compare: 1989 No 80 s 3

33 Students with special educational needs have same rights to education at State schools as others

(1)

Except as provided in this Part, students who have special educational needs (whether because of disability or otherwise) have the same rights to enrol, attend, and receive education at State schools as students who do not.

(2)

This section does not limit or affect subpart 2 (which concerns restrictions on the right to enrol and attend school).

Compare: 1989 No 80 s 8

34 Domestic students aged between 6 and 16 years must be enrolled at registered school

(1)

Every domestic student must, during the period beginning on the student’s sixth birthday and ending on the student’s 16th birthday, be enrolled at a registered school.

(2)

Before a domestic student’s seventh birthday, the student is not required to be enrolled at any school more than 3 kilometres walking distance from the student’s residence.

(3)

Subsections (1) and (2) do not apply to international students.

Compare: 1989 No 80 s 20

35 Students of registered schools required to attend whenever schools are open

(1)

Except as provided in this Act, a student is required to attend a registered school whenever it is open if the student—

(a)

is required to be enrolled at a registered school:

(b)

is aged 5 years and is enrolled at a registered school.

(2)

A board must take all reasonable steps to ensure that the school’s students attend the school when it is open.

(3)

For the purposes of this section, a student attends a school on any day if, on the day,—

(a)

it has been open for instruction for 4 hours or more; and

(b)

the student has been present for 4 hours or more when it was open for instruction.

Compare: 1989 No 80 s 25

36 Special education

(1)

If satisfied that a student under the age of 21 years should have special education, the Secretary must—

(a)

agree with the student’s parent that the student should be enrolled, or direct the parent to enrol the student, at a particular State school or specialist school; or

(b)

agree with the student’s parent that the student should have, or direct the parent to ensure that the student has, education or help from a special service.

(2)

If an agreement is reached or a direction is given under subsection (1), the student concerned must be allowed to enrol at the State school or specialist school concerned or to have education or help from the special service concerned.

(2A)

Subsection (1) applies despite anything in this Act that relates to enrolment schemes, or anything in the enrolment scheme of any school, but is subject to subpart 2.

(3)

Subject to section 45(4), if a direction has been given under subsection (1), a parent who, more than 1 month after it was given, fails or refuses to comply with it commits an offence and is liable on conviction to the penalty prescribed set out in section 224(1) (which relates to a failure to enrol).

(4)

A student may not be or continue to be enrolled at a specialist school, or have or continue to have education or help from a special service, except under an agreement or direction given under subsection (1).

(5)

Despite sections 60 and 65,—

(a)

a student under the age of 5 years may be or continue to be enrolled at a primary school or below year 9 at a composite school; and

(b)

a student under the age of 21 years who turned 14 years in any year may, in any later year, be or continue to be enrolled at a primary school or below year 9 at a composite school; and

(c)

a student under the age of 21 years may be or continue to be enrolled at a secondary school or above year 8 at a composite school if, in the Secretary’s opinion, the student has made insufficient progress in terms of any curriculum statement for year 8 published under section 86; and

(d)

a student under the age of 21 years may be or continue to be enrolled at a secondary school or above year 8 at a composite school, on or after 1 January after the student’s 19th birthday, under an agreement or direction under subsection (1).

Compare: 1989 No 80 s 9

37 Long-term exemptions from enrolment

(1)

An employee of the Ministry designated by the Secretary for the purpose (a designated officer) may, on application by a parent of the student, grant the parent a certificate that exempts the student from the requirements of section 34 if the designated officer is satisfied that the student—

(a)

is to be taught at least as regularly and well as in a registered school; or

(b)

is to be taught at least as regularly and well as in a specialist school or a special service (if the student would otherwise be likely to need special education).

(1A)

If a designated officer refuses to grant a certificate under subsection (1), the applicant may appeal to the Secretary, who, after considering a report on the matter from the Chief Review Officer, must confirm the refusal or grant a certificate.

(1B)

The Secretary’s decision is final.

(2)

An exemption certificate granted under this section must state why it was granted.

(4)

The Secretary may revoke an exemption certificate, but only if the Secretary—

(a)

has made reasonable efforts to get all of the relevant information; and

(b)

has considered a report on the matter from the Chief Review Officer; and

(c)

is not satisfied under subsection (1).

(5)

If the Secretary thinks any student to whom an exemption certificate applies would be better off if receiving special education, the Secretary may revoke the certificate and issue a direction under section 36.

(6)

An exemption certificate expires when the person to whom it applies turns 16 years of age or enrols at a registered school, whichever happens occurs first.

(7)

A certificate continues in force until it is revoked or expires.

Compare: 1989 No 80 s 21

38 Exemption from enrolment of student who has turned 15

(1)

The Secretary may, on application by a parent of a student who has turned 15 years of age, grant the parent a certificate that exempts the student from the requirements of section 34 if the Secretary is satisfied that it is sensible to do so, on the basis of—

(a)

the student’s educational problems; and

(b)

the student’s conduct; and

(c)

the benefit (if any) the student is likely to get from attending another available school.

(2)

However, the Secretary may not exempt any student who—

(a)

has made insufficient progress in terms of any curriculum statement for year 8 published under section 86; or

(b)

has not enrolled for a year level above year 8.

(3)

The Secretary must tell the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 Oranga Tamariki the name and address and any other available contact details of every student exempted under subsection (1).

(4)

If satisfied that it is in the best interests of any student to do so, the Secretary may revoke the student’s certificate granted under subsection (1).

Compare: 1989 No 80 s 22

39 Effect of exemption under section 37 or 38

While an exemption certificate granted under section 37 or 38 is in force,—

(a)

the exempted student does not have to be enrolled at any school; and

(b)

no person has to have the exempted student enrolled at any school.

Compare: 1989 No 80 s 23

40 Exemption of person placed in residence or programme under Oranga Tamariki Act 1989

(1)

The Secretary may, on an application from the chief executive of Oranga Tamariki, grant a certificate to the chief executive of Oranga Tamariki that exempts a student from the requirements of section 34 if satisfied that the requirements set out in subsection (2) have been met.

(2)

The requirements are that the student—

(a)

has been placed—

(i)

in a residence established under section 364 of the Oranga Tamariki Act 1989; or

(ii)

in a residential programme instituted by, and operated under contract with, the chief executive of Oranga Tamariki and the student would otherwise be in a residence established under section 364 of that Act; and

(b)

is to receive education services that are appropriate to the student’s needs.

(3)

The Secretary may revoke a certificate granted under subsection (1)

(a)

on notification by the chief executive that the student exempted has been released from a residence other than for a temporary period; or

(b)

if the Secretary is no longer satisfied that the student exempted meets the requirements of subsection (2); or

(c)

at the request of the chief executive of Oranga Tamariki and if satisfied that an exemption from the requirements of section 34 is no longer required.

(4)

A certificate granted under subsection (1) continues in force until it is revoked or it expires.

(5)

In this section, chief executive means the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

Compare: 1989 No 80 s 22A

41 Exceptions to attendance because of well-being or transitional plan

(1)

Despite section 35, on the request of a parent of a student enrolled at a registered school, the parent, the principal, and the Secretary may, if they consider it is in the student’s best interests, agree a plan that reduces the student’s hours of attendance to help meet the student’s well-being needs as identified, in writing, by a medical practitioner or a psychologist.

(1A)

A full-time caregiver of the student may act as a parent under subsection (1) if the Secretary considers it appropriate for the caregiver to do so.

(2)

Despite section 35, if a student is aged 5 years and is enrolled at a registered school, a parent of the student, the principal, and the Secretary may, if they consider it is in the student’s best interests, agree a plan to help the transition of the student to school, depending on the particular needs of the student.

(3)

A student subject to a plan agreed under subsection (1) or (2) is required to attend school in accordance with the plan.

(4)

A plan agreed under subsection (1) may not be for a period that exceeds 6 months, but may be renewed or extended for 1 further period of 6 months if—

(a)

the parent initiates the request for the renewal or extension; and

(b)

the parent, the principal, and the Secretary agree that the renewal or extension is in the best interests of the student.

(5)

The medical practitioner or psychologist requirement specified under subsection (1) does not apply to a renewal or extension under subsection (4).

(6)

A plan agreed under subsection (2) may not be for a period that exceeds 6 months and may not be renewed or extended.

Compare: 1989 No 80 s 25(1)–(3A)

41A Exceptions to attendance because of secondary–tertiary programmes and multiple timetable arrangements

(1)

Section 35 does not apply to a participating student who is enrolled at a registered school for the purposes of the secondary component of the student’s secondary–tertiary programme, but a participating student must attend the school for any portion of the programme as notified by the provider group or lead provider under clause 9 of Schedule 8.

(2)

Section 35 does not apply to an affected student, but the student must attend school for the whole of the time period (or periods) each day during which their timetable is running.

(3)

A board that is running a multiple timetable arrangement must take all reasonable steps to ensure that an affected student attends the school for the whole of the time period (or periods) each day during which the student’s timetable is running.

Compare: 1989 No 80 s 25(4)–(7)

42 Exemption from attendance because of walking distance to school or some other reason

(1)

Despite section 35, the Secretary may, on application by a parent of a student, grant a certificate to the parent of the student that exempts the student (entirely or partly) from attending a school if the Secretary is satisfied that—

(a)

the student is under the age of 10 years and the walking distance between the student’s residence and the school is more than 3 kilometres; or

(b)

the walking distance between the student’s residence and the school is more than 5 kilometres; or

(c)

it is sensible to exempt the student for some other reason.

(2)

The parent of a student exempted under subsection (1) is not subject to the requirements of section 34 in respect of the student for the period to which the exemption relates.

(3)

A certificate granted under subsection (1) must state—

(a)

the grounds on which it was granted; and

(b)

the day on which it expires.

(4)

A certificate granted under subsection (1)(a) or (b) may not specify an expiry day more than 1 year after the day it is granted.

(5)

A certificate granted under subsection (1)(c) may not specify an expiry day more than 7 school days after the day on which it is granted.

(6)

When a certificate granted under subsection (1) expires, the Secretary may issue another in its place.

(7)

The Secretary may cancel a certificate issued under subsection (1).

Compare: 1989 No 80 s 26

43 Exemption of student from attendance for period of no more than 5 days

(1)

Despite section 35, if satisfied that a student’s absence is justified, the principal of the school may exempt the student from attending the school for a period of no more than 5 school days.

(2)

In the absence of evidence to the contrary, a certificate from the principal stating that a student was absent from school for any period and that the principal is not satisfied that the absence was justified is sufficient proof that the student was absent for that period without being exempted under subsection (1).

(3)

For the purposes of this section, judicial notice must be taken of the appointment and signature of the principal.

Compare: 1989 No 80 s 27

44 Secretary may require enrolment of certain children at distance school

(1)

The Secretary may, by notice in writing, require the parent of a student who holds an exemption certificate issued under section 42 or who has been directed under section 78(1) to enrol the student at a distance school to—

(a)

enrol the student at a distance school specified in the notice; and

(b)

ensure that the student does the work of the course in which the student is enrolled.

(2)

Enrolment must,—

(a)

for a student exempted under section 42(1)(b), be for the period of exemption; and

(b)

in any other case, be until the student turns 16 years of age or any shorter period specified in the notice.

Compare: 1989 No 80 s 28

45 Reconsideration of special education enrolment or services

(1)

A parent of a student may, by a request made in accordance with this section, require reconsideration of—

(a)

a direction under section 36(1) relating to the student; or

(b)

if the student is a domestic student, the Secretary’s refusal to come to an agreement under that subsection relating to the student.

(2)

A request must be made to the Secretary in writing within 1 month after the direction or refusal concerned.

(3)

If a request is made in relation to a direction given by the Secretary,—

(a)

the direction does not take effect—

(i)

until the Secretary has reconsidered and confirmed it; or

(ii)

where a request is made under subsection (4)(c), until that request has been considered by an arbitrator and the parent concerned has been told of the arbitrator’s decision; and

(b)

an offence is not committed under section 36(3) if the direction has not taken effect.

(4)

If a request is made, the following provisions apply:

(a)

if the request relates to a direction, the Secretary must reconsider it and then—

(i)

confirm it, or cancel it and issue another, or cancel it and refuse to issue another, as seems appropriate; and

(ii)

notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

(b)

if the request relates to a refusal, the Secretary must reconsider whether or not the matter concerned should be agreed, and then—

(i)

agree or refuse to agree to the matter with the parent concerned, as appropriate; and

(ii)

notify the parent concerned in writing of the result of the request and the reasons for it:

(c)

a parent who is dissatisfied with the result of the reconsideration may, by a request in writing to the Secretary, require the result to be sent to an arbitrator.

(5)

A direction takes effect immediately, and section 36(2) applies accordingly, if—

(a)

a request has been made under subsection (4)(c) in respect of the result of the reconsideration by the Secretary of a direction under section 36(1); and

(b)

1 month after the Secretary notified the parent concerned of the name of a person who is to represent the Secretary in the appointment of an arbitrator, the Secretary’s representative and a nominee of the parent have not appointed an arbitrator.

(6)

If a parent makes a request under subsection (4)(c), the following provisions apply:

(a)

the Secretary must as soon as practicable give the parent the names of 3 people (other than an employee of the Ministry or an employee or a member of a board) who, in the in Secretary’s opinion, have experience in or expert knowledge of special education:

(b)

within 14 days of being given the names, the parent must tell the Secretary—

(i)

which one of the people is acceptable; or

(ii)

that none of them is acceptable, and the name of some other person who is:

(c)

if, within 14 days of being given the names, the parent tells the Secretary that one of the people is acceptable, the person concerned is to be the arbitrator:

(d)

if, within 14 days of being given the names, the parent tells the Secretary that none of the people is acceptable, and the name of some other person who is, the Secretary must as soon as practicable accept or reject the other person:

(e)

if the Secretary accepts the other person, the other person is to be the arbitrator:

(f)

if the Secretary rejects the other person, the Secretary must as soon as practicable tell the other person the name of a person to act as the Secretary’s agent in choosing an arbitrator, and the other person and the Secretary’s agent must, as soon as practicable, choose the arbitrator:

(g)

if within 14 days of being given the names, the parent does not comply with paragraph (b), the Secretary must choose one of the 3 people to be the arbitrator:

(h)

once it is known who the arbitrator is, the Secretary must give the arbitrator a copy of all the relevant documents:

(i)

the arbitrator must give the parent notice in writing that—

(i)

the arbitrator has been appointed; and

(ii)

the parent may make written submissions:

(j)

on receiving written submissions from the parent or 21 days after notifying the parent (whichever comes first), the arbitrator must tell the parent and the Secretary when and where the arbitrator is to hear the matter:

(k)

the parent (or a nominee), a representative of the parent, the Secretary (or a nominee), and a representative of the Secretary may take part in the hearing and may require the student concerned to be present:

(l)

except as provided in this subsection, the arbitrator is to decide how the hearing is to proceed:

(m)

if, at the hearing, the parent of the student concerned produces evidence about the student that was not available to the Secretary when the Secretary reconsidered the relevant direction or refusal to come to an agreement under section 36(1),—

(i)

the arbitrator may not consider that evidence and must refer the case back to the Secretary:

(ii)

the Secretary must reconsider the decision that was the subject of the arbitration, and subsection (4) applies to the Secretary’s decision under this subparagraph with any necessary modifications:

(n)

subject to paragraph (m), after the hearing, the arbitrator must confirm the Secretary’s decision or direct the Secretary to make a different decision:

(o)

the Secretary must comply with the arbitrator’s direction:

(p)

despite subsection (1), a parent does not have the right to request the reconsideration or reference to an arbitrator of a decision that the Secretary has made in accordance with an arbitrator’s direction:

(q)

despite subsection (1), if the arbitrator confirms a decision of the Secretary to refuse to come to an agreement under section 36(1), no parent has a right to require the reconsideration or reference to an arbitrator of a further refusal made in respect of the same student within 12 months after the confirmation of the decision.

Compare: 1989 No 80 s 10

46 Board of State school may appoint attendance officer

(1)

A board of a State school must, by any means it thinks fit, take all reasonable steps to ensure the attendance of students enrolled at its school.

(2)

For the purposes of complying with subsection (1), the board may appoint an attendance officer for the schools it administers.

(3)

A person may be appointed as an attendance officer by more than 1 board.

Compare: 1989 No 80 s 31(1)–(3)

47 Powers of attendance officers and constables

(1)

An attendance officer or a constable may detain any person who appears to have turned 5 years and not to have turned 16 years, and who appears to be absent from school, and question the person as to—

(a)

the person’s name and address; and

(b)

the school (if any) at which the person is enrolled and its address; and

(c)

the reason for the person’s absence from school.

(2)

Before exercising the power under subsection (1), an attendance officer must produce a distinctive badge or other evidence of appointment.

(3)

The attendance officer or constable may, if not satisfied that the person has a good reason for not being at school, take the person to the person’s home, or to the school at which the attendance officer or constable thinks the person is enrolled.

(4)

An attendance officer, a principal, the Secretary, or any person appointed by a board or the Secretary for the purpose may file charging documents, conduct prosecutions, and take any other proceedings, under this Part.

(5)

A certificate sealed by a board showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate, and the authenticity of, and validity of the affixing of, a board’s seal may not in any proceedings under this Part be inquired into or disputed.

(6)

This section applies—

(a)

to a participating student only in relation to any portion of the student’s secondary–tertiary programme during which the student is required to attend school, as notified by the provider group or lead provider under clause 9 of Schedule 8:

(b)

to an affected student only in relation to the time period (or periods) each day during which the student’s timetable is running.

Compare: 1989 No 80 s 31(4)–(9)

Release from tuition

48 Release from tuition on religious or cultural grounds

(1)

This section applies to students enrolled at a State school that is not a State integrated school.

(2)

A student over the age of 16 years, or a parent of a student under the age of 16 years, may ask the principal to release the student from tuition in a particular class or subject.

(3)

A request under subsection (2) must be made in writing and at least 24 hours before the start of the tuition.

(4)

The principal may not release the student unless satisfied that—

(a)

the parent or student has asked because of sincerely held religious or cultural views; and

(b)

the student is to be adequately supervised (whether within or outside the school) during the period of release from tuition.

(5)

On receiving a request from a parent under subsection (2), the principal must, before agreeing to release the student, take all reasonable steps to find out the student’s views on the matter.

(6)

Subject to subsection (4), the principal must release the student from the tuition and (if the student is to be supervised outside the school) let the student leave the school during the tuition unless satisfied that it is inappropriate to do so, having regard to—

(a)

the student’s age, maturity, and ability to formulate and express views; and

(b)

any views the student has expressed.

(7)

Nothing in this section limits or affects section 57.

Compare: 1989 No 80 s 25A

49 Release from tuition for specified parts of health curriculum

(1)

A parent of a student enrolled at any State school may ask the principal in writing to ensure that the student is released from tuition in specified parts of the health curriculum related to sexuality education.

(2)

On receiving a request under subsection (1), the principal must ensure that—

(a)

the student is released from the relevant tuition; and

(b)

the student is supervised during the period of release from that tuition.

(3)

Subsection (1) does not require a principal to ensure that a student who is to be excluded from tuition in specified parts of the health curriculum related to sexuality education is excluded at any other time while a teacher deals with a question raised by another student that relates to the specified part of the curriculum.

Compare: 1989 No 80 s 25AA

50 Release from tuition for outside tuition or if good reasons to leave early

The principal of a State school may,—

(a)

if satisfied that the student is to receive outside the school tuition acceptable to the principal, release a student from attendance at the school, for a period or periods agreed with a parent of the student, to receive the tuition (and, as appropriate, travel between the school and the place where the tuition is to be given):

(b)

let a student leave early on a particular day if satisfied that—

(i)

the student has, on the day on which the school was open for instruction, been present at the school for 4 hours or more; and

(ii)

there are good reasons for the student to leave before the school closes on the day.

Compare: 1989 No 80 s 25B

51 Courses, work experience, and visits outside school premises

(1)

A board may authorise any students to undertake courses of education, gain work experience, or make visits outside the school premises.

(2)

If authorisation is given, the student must be treated as attending the school while undertaking the course, gaining the experience, or making the visit.

(3)

A principal, a teacher, or an occupier of a workplace may not allow a student to go into, or remain in, a workplace to gain work experience except in accordance with any conditions prescribed by the Minister by notice in the Gazette.

(4)

A student who is in any workplace to gain work experience is to be treated as being employed by the workplace, and every enactment and collective agreement (to the extent that it relates to the health, safety, and welfare of workers) applies to the student and the occupier of the workplace accordingly.

(5)

However, subsection (4) does not—

(a)

entitle a student to be paid; or

(b)

require a student to join or belong to a union; or

(c)

entitle a student to enter or remain in a workplace; or

(d)

require any person to pay a levy, fee, or charge of any kind.

Compare: 1989 No 80 s 71

52 Restrictions on employing school-age children

(1)

An employer may not employ any person under the age of 16 years—

(a)

within school hours; or

(b)

if the person is a student participating in a secondary–tertiary programme and the employment would interfere with the person’s ability to undertake the secondary–tertiary programme; or

(c)

if the person is enrolled at a distance school and the employment would interfere with the person’s ability to do the work of the course in which the student is enrolled; or

(d)

if the person’s parent is granted an exemption certificate under section 37 and the employment would interfere with the person’s ability to be taught as well and as regularly as in a registered school; or

(e)

if the employment would—

(i)

prevent or interfere with the person’s attendance at school; or

(ii)

in the case of a person who is a participating student, interfere with the person’s ability to undertake their secondary–tertiary programme; or

(iii)

if the person is enrolled at a distance school, interfere with the person’s ability to do the work of the course in which the person is enrolled.

(2)

Subsection (1) does not apply if the person provides the employer with a certificate of exemption or other satisfactory evidence that verifies that the person is exempted (otherwise than under section 37(1)) from enrolment at any school.

Compare: 1989 No 80 s 30(1), (2)

Religious instruction and observances at State primary and intermediate schools

53 Application

Sections 54 to 58 apply to religious instruction and observances in State primary and intermediate schools only.

Compare: 1964 No 135 s 81

54 Religious instruction and observances in State primary and intermediate schools

(1)

This section applies if a State school’s board, after consultation with the principal, determines that school buildings may be used for the purposes of religious instruction or observances conducted in a manner approved by the board.

(2)

Despite section 93 and any other provisions in this Act or regulations made under this Act relating to the closure of schools, any 1 or more classrooms at the school, or the school as a whole, may be closed during the school day for any period or periods not exceeding 60 minutes in aggregate in any week or 20 hours in a school year for the purposes of religious instruction or observances conducted by voluntary instructors approved by the school’s board.

Compare: 1964 No 135 s 78

55 Additional religious instruction

(1)

This section applies if the Minister is satisfied that—

(a)

the majority of the parents of students attending a State school wish their children to receive religious instruction additional to that provided under section 54; and

(b)

the additional religious instruction is not to the detriment of the normal curriculum of the school.

(2)

Despite sections 54 and 93, the Minister may, after consulting the school’s board, authorise the additional religious instruction to the extent and subject to any conditions that the Minister thinks fit.

Compare: 1964 No 135 s 78A

56 Student attendance at religious instruction must be confirmed

(1)

A student enrolled at a State school may only attend or take part in any religious instruction at the school if a parent of the student has confirmed in writing to the principal that they wish for the student to take part or attend.

(2)

A parent who has given an indication of wishes under subsection (1) may withdraw it.

Compare: 1964 No 135 s 79(2)

57 Student attendance at religious observances not compulsory

(1)

A student enrolled at a State school may not be required to attend or take part in any religious observances if a parent of the student does not wish the student to take part and makes this wish known in writing to the principal.

(2)

A parent who has given an indication of wishes under subsection (1) may withdraw it.

Compare: 1964 No 135 s 79

58 Teacher may be released from duties to take part in religious instruction or observances

(1)

A teacher at a State school must, if the school’s board approves the teacher’s request, be released from school duties for up to 30 minutes a week to allow them to take part in the school’s religious instruction and observances.

(2)

However, a person must not directly or indirectly bring any pressure to bear on a teacher to induce the teacher to take part, and the position of any teacher and their opportunities for appointments or promotion must not be adversely affected because the person does not take part in the school’s religious instruction and observances.

Compare: 1964 No 135 s 80

Miscellaneous provisions

59 Exemptions from taxation

(1)

Every board must be treated as the agent of the Crown in respect of its property and the performance of its functions and is entitled to all the privileges that the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.

(2)

Nothing in subsection (1) exempts the board from—

(a)

the payment of goods and services tax under the Goods and Services Tax Act 1985; or

(b)

any obligation imposed by that Act.

Compare: 1964 No 135 s 187

Subpart 2—Restrictions on right to enrol at and attend school

Restrictions on enrolment at primary school

60 Restrictions on primary school enrolment

The following persons may not be enrolled at or continue to be enrolled at a primary school or below year 9 at a composite school:

(a)

a child under the age of 5 years:

(b)

a child who turned 14 years in a previous year:

(c)

a child who, in the Secretary’s opinion of the Secretary, has made sufficient progress, in terms of any curriculum statement for year 8 published under section 86.

Compare: 1989 No 80 s 5

61 Cohort entry policy

(1)

A State school or State integrated school may adopt or revoke a cohort entry policy after complying with the requirements of section 63.

(2)

A cohort entry policy must—

(a)

apply to all children aged 5 years who have not previously enrolled at a registered school; and

(b)

provide that they may be enrolled only on a date determined in accordance with section 62.

Compare: 1989 No 80 s 5A

62 Dates for starting school under cohort entry policy

(1)

This section applies to a State school that has a cohort entry policy.

(2)

A child may be enrolled no earlier than the child’s fifth birthday on a date that is—

(a)

a term start date:

(b)

a mid-term start date.

(3)

In this section,—

mid-term start date means a date that is published as a mid-term start date under section 64

term start date, in relation to a school, means a date that is the first day of a term on which the school is open for instruction.

Compare: 1989 No 80 s 5B

63 Adoption or revocation of cohort entry policy

(1)

When adopting a proposed cohort entry policy for a State school, a board must take all reasonable steps to discover and consider the views of the following persons about the policy and whether it is generally acceptable:

(a)

parents of students at the school:

(b)

employees of the board at the school:

(c)

early childhood services in the local community:

(d)

parents of prospective students of the school.

(2)

When considering whether to revoke a cohort entry policy, a board must take all reasonable steps to discover and consider the views of the persons described in subsection (1) as to whether the policy should be revoked.

(3)

A board must take all reasonable steps to give notice of at least 1 term to the Secretary and the persons described in subsection (1) before a cohort entry policy takes effect or ceases to have effect.

Compare: 1989 No 80 s 5C

64 Publication of mid-term start dates

(1)

The Minister must, before 1 July in any year, publish in the Gazette the mid-term start dates for the following year.

(2)

A mid-term start date must be the Monday that is closest to the date that is halfway between the first and last dates of a term.

Compare: 1989 No 80 s 5D

Restrictions on enrolment at secondary school

65 Restrictions on secondary school enrolment

(1)

A person who, in the Secretary’s opinion of the Secretary, has made insufficient progress in terms of any curriculum statement for year 8 published under section 86 may not be enrolled at or continue to be enrolled at a secondary school or above year 8 at a composite school.

(2)

Subsection (1) does not apply to a person who turned 13 years before 1 April in the previous year.

Compare: 1989 No 80 s 6

66 Restrictions on enrolment at distance school

(1)

The Minister may, by notice in the Gazette, fix criteria for enrolment in early childhood, primary, and secondary education at a distance school.

(2)

A notice under subsection (1) may fix different criteria for—

(a)

different distance schools:

(b)

distance schools of different classes or descriptions:

(c)

early childhood, primary, and secondary classes at distance schools.

(3)

A person may not be enrolled at a distance school unless—

(a)

the school’s board is satisfied that the person’s enrolment meets the criteria fixed under subsection (1) (if any); or

(b)

the person is entitled under section 32 to free education at a State school and the Secretary has directed the distance school’s board to enrol the person.

(4)

The Secretary may not give a direction under subsection (3)(b) unless satisfied that the only State school that the person can conveniently attend is a distance school.

(5)

If the Secretary is satisfied that a person who is enrolled at a distance school in accordance with a direction under subsection (3)(b) can conveniently attend a State school that is not a distance school, the Secretary may notify the board of the distance school of that fact.

(6)

If the board of a distance school receives a notice under subsection (5), it must cancel the person’s enrolment unless the board is satisfied that the person’s enrolment meets the criteria fixed under subsection (1) (if any).

(7)

The board of a distance school must cancel the enrolment if it is satisfied that—

(a)

a person’s enrolment at a distance school does not meet the criteria fixed under subsection (1) (if any); and

(b)

a direction under subsection (3)(b) has not been made in respect of the person relating to the school.

(8)

The board of a distance school may delegate the task of being satisfied that enrolments meet or do not meet the criteria fixed under subsection (1) (if any) to the principal.

(9)

For the purposes of subsection (4), the distance school must offer education at the level, and in the subjects, required by the person or a parent of the person.

Compare: 1989 No 80 s 7

67 Some domestic students may have to pay fees for tuition from distance schools

(1)

The following students may not be enrolled or continue to be enrolled in a course, class, or programme at a distance school unless the appropriate fee (if any) prescribed by the board with the Minister’s consent has been paid:

(a)

a domestic student who has turned 16 years and is not enrolled full-time at a registered school:

(b)

a domestic student enrolled at a private school:

(c)

a domestic student who is granted an exemption certificate under section 37(1).

(2)

Subsection (1) does not give any person the right to enrol at or receive tuition from a distance school.

Compare: 1989 No 80 s 7A

68 Evening classes

(1)

The board of a State school may—

(a)

provide evening classes:

(b)

prescribe and charge appropriate fees (if any) for the evening classes that it provides:

(c)

refuse to allow a person to take part in evening classes it provides if the person fails to pay the relevant fees.

(2)

In this section, evening classes means classes at a school usually held outside normal school hours (for example, after school or during weekends) and open to people not enrolled full-time at the school.

Compare: 1989 No 80 s 7B

Enrolment schemes

69 Purpose and principles

(1)

The purpose of the enrolment scheme of a State school is—

(a)

to avoid overcrowding, or the likelihood of overcrowding, at the school; and

(b)

to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and

(c)

to enable the Secretary to make the best use of existing networks of State schools.

(2)

In achieving its purpose, the enrolment scheme of every State school must, as far as possible, ensure that—

(a)

the scheme does not exclude local students; and

(b)

no more students are excluded from the school than is necessary to avoid overcrowding at the school.

Compare: 1989 No 80 s 11A

69A When enrolment schemes required

(1)

If overcrowding occurs or is likely to occur at a State school, the Secretary must establish an enrolment scheme for the school.

(2)

An enrolment scheme must comply with Schedule 19 and any regulations made under this Act regarding enrolment schemes.

70 Content of enrolment schemes

A State school’s enrolment scheme must—

(a)

define a home zone for the school; and

(b)

identify any special programmes offered by the school and the criteria by which students are to be accepted into any special programme.

Compare: 1989 No 80 s 11C

71 How enrolment schemes work

(1)

A person who lives in the home zone of a State school that has an enrolment scheme is entitled to enrol at that school.

(2)

An applicant for enrolment at a school with an enrolment scheme who lives outside the school’s home zone is entitled to enrol at the school only—

(a)

if the applicant is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or

(b)

if the Secretary has agreed or directed under section 36, or directed under section 72, 78, or 83 or clause 14 of Schedule 19, or directed in accordance with regulations made under this Act, that the student be enrolled at the school; or

(c)

if all of the following apply:

(i)

the student has been excluded or expelled from another school (school A); and

(ii)

the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and

(iii)

the Secretary endorses the proposal.

(3)

An enrolment scheme that the Secretary establishes must comply with Schedule 19 and any regulations made under this Act regarding enrolment schemes.

Compare: 1989 No 80 s 11D

71A Additional entitlement to enrol in certain circumstances

(1)

Despite section 71, the Secretary may authorise an enrolment scheme to permit a student to enrol at the school as if the student lived in the home zone of the school if,

(a)

in the case of an existing enrolment scheme whose home zone is amended,

(i)

the student lives outside the amended home zone; and

(ii)

the student has a sibling who is enrolled at the school at the time that the amendment is implemented; and

(iii)

the sibling, at the time that the amendment is implemented, lives inside the home zone as it was before the amendment; and

(iv)

the student, at the time of enrolment, lives inside the home zone as it was before the amendment:

(b)

in the case of a new enrolment scheme, the student

(i)

lives outside of the home zone of the new enrolment scheme; and

(ii)

has a sibling who is enrolled at the school at the time that the new enrolment scheme is implemented.

(2)

Before granting an authorisation under subsection (1), the Secretary must be satisfied that doing so

(a)

is in the best interests of the school and local community; and

(b)

can be managed within the existing school network.

(3)

For the purposes of this section, child A is the sibling of child B if

(a)

both children have the same parent; or

(b)

a parent of child A is married to, or in a civil union with, a parent of child B; or

(c)

a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B’s parent died; or

(d)

a parent of child A is the de facto partner of a parent of child B; or

(e)

both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or

(f)

the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.

Compare: 1989 No 80 s 11F(3)

Other restrictions on enrolment and attendance

72 Secretary may direct that students attend particular schools

(1)

The Secretary may, on the recommendation of the chief executive of Oranga Tamariki, direct the board of a State school to enrol a person at the school.

(2)

However, the Secretary may not give a direction under subsection (1) unless the Secretary has first taken all reasonable steps to consult—

(a)

a parent of the person; and

(b)

the board concerned; and

(c)

the chief executive of Oranga Tamariki and any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the person’s education or welfare.

(3)

The board must comply with a direction given under subsection (1).

(4)

A direction given under subsection (1) overrides any enrolment scheme the school may have in place.

(5)

In this section, chief executive means the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989.

Compare: 1989 No 80 s 18A

73 Principals may preclude students for health reasons

(1)

A principal of a State school may preclude a student from the school if they have reasonable grounds to believe that the student may have a communicable disease (within the meaning of the Health Act 1956).

(2)

As soon as practicable after precluding a student under subsection (1), the principal must make all reasonable efforts to tell the following persons that the student has been precluded and why:

(a)

the school’s board; and

(b)

the student (if the student has turned 20 years) or a parent of the student (in any other case); and

(c)

the Medical Officer of Health.

(3)

If a student has been precluded on suspicion of having a communicable disease, the board must, as soon as practicable, investigate the matter and—

(a)

cancel the preclusion; or

(b)

confirm that the student should stay precluded until the board has received a certificate from a medical practitioner stating that the student is well enough to go back to school.

(4)

A principal or a board is not liable for any act done or omitted—

(a)

in good faith; and

(b)

with reasonable care; and

(c)

in exercising or performing, or in intending to exercise or perform, a power or duty under this section.

(5)

If a parent is charged with an offence against section 225

(a)

it is a defence to the charge if it is proved that—

(i)

the student did not attend because the student was precluded for having a communicable disease; and

(ii)

the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school; and

(b)

except to the extent set out in paragraph (a), it is not a defence to the charge that the student did not attend because the student was precluded under subsection (1).

Compare: 1989 No 80 s 19

74 Purpose of sections 75 to 85

The purpose of sections 75 to 85 relating to the standing-down, suspension, exclusion, or expulsion of a domestic student from a State school is to—

(a)

provide a range of responses for cases of varying degrees of seriousness; and

(b)

minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate; and

(c)

ensure that individual cases are dealt with in accordance with the principles of natural justice.

Compare: 1989 No 80 s 13

75 Application of sections 76 to 85

Sections 76 to 85 (and any rules made under section 85) apply only in relation to domestic students at a State school.

Compare: 1989 No 80 s 13A

76 Principals of State Schools may stand down or suspend students

(1)

The principal of a State school may stand down or suspend a student if satisfied on reasonable grounds that—

(a)

the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or

(b)

because of the student’s behaviour, it is likely that the student, or other students at the school, would be seriously harmed if the student were not stood down or suspended.

(2)

A stand-down may be for 1 or more specified periods, and—

(a)

the period or periods may not exceed 5 school days in any one term:

(b)

a student may be stood down more than once in the same year but for not more than 10 school days in total in that year:

(c)

in calculating the period of a stand-down, the day on which the student was stood down, and any day on which the student would not have had to attend school in any event, may not be counted:

(d)

the principal may lift the stand-down before it is due to expire.

(3)

If a student has been stood down or suspended, the following provisions apply in relation to the student’s attendance at the school:

(a)

the principal may require the student to attend the school if the principal reasonably considers that the student’s attendance is appropriate for the purposes of section 80:

(b)

the principal must allow the student to attend the school if a parent of the student requests that the student be permitted to attend the school and the principal considers the request is reasonable:

(c)

otherwise the student does not have to, and is not permitted to, attend the school while stood down or suspended.

Compare: 1989 No 80 s 14

77 Powers of State school board when suspended students aged under 16 years

(1)

If a student aged under 16 years has been suspended from a State school, the school’s board may—

(a)

lift the suspension before it expires, either unconditionally or subject to any reasonable conditions the board wants to make:

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies:

(c)

if the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.

(3)

If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of their suspension, the principal may request the board to reconsider the action it took under this section.

(4)

If subsection (3) applies, the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in subsection (1).

(5)

If the board has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of the student ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

(6)

If the board excludes the student under subsection (1)(c), the principal must try to arrange for the student to attend another school that is suitable and that the student can reasonably conveniently attend.

(7)

If the principal is unable, by the tenth school day after the day of the board’s decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so.

Compare: 1989 No 80 s 15

78 Secretary’s powers when excluded students aged under 16 years

(1)

If the Secretary is satisfied that the board of a State school has excluded a student aged under 16 years from the school under section 77(1)(c), and that the principal has not arranged for the student to attend another school, the Secretary must,—

(a)

if satisfied that it is appropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

(b)

arrange for and, if necessary, direct the board of any other State school (other than a State integrated school) to enrol the student at the other school; or

(c)

direct a parent of the student to enrol the student at a distance school.

(2)

The Secretary may not lift an exclusion under subsection (1)(a) or give a direction under subsection (1)(b) unless the Secretary has made all reasonable attempts to consult—

(a)

the student; and

(b)

a parent of the student; and

(c)

the board; and

(d)

any other person or organisation that, in the Secretary’s opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(3)

If the board of a school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)(b)) may direct the board to enrol the student at that other school.

(4)

A board must comply with a direction under subsection (1)(b), and the direction overrides any enrolment scheme the school may have in place.

Compare: 1989 No 80 s 16

79 Powers of State school board when suspended students aged 16 years over

(1)

If a student aged 16 years or over has been suspended from a State school, the school’s board may—

(a)

lift the suspension before it expires, either unconditionally or subject to any reasonable conditions it wants to make; or

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies; or

(c)

expel the student.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school, and must take steps to facilitate the return of the student to school.

(3)

If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of their suspension, the principal may request the board to reconsider the action it took under this section.

(4)

If subsection (3) applies, the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in subsection (1).

(5)

If the board has not sooner lifted or extended it or expelled the student under subsection (1)(c), the suspension of the student ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

Compare: 1989 No 80 s 17

80 Duties of principals when students stood down or suspended from State schools

(1)

When a student is stood down or suspended from a State school, the principal must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.

(2)

If a student’s suspension is subject to conditions, the principal must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.

(3)

The purpose of the programme referred to in subsection (2) is to facilitate the return of a student to school and to minimise the educational disadvantages that occur from absence from school.

Compare: 1989 No 80 s 17A

81 Who may attend State school board meeting concerning suspensions

(1)

If a student has been suspended from a State school, the student, a parent of the student, and their representatives are entitled to attend at least 1 meeting of the board and speak at that meeting, and to have their views considered by the board before it decides whether to lift or extend the suspension or exclude or expel the student.

(2)

Instead of attending and speaking at a meeting of the board in person, the student, a parent of the student, and their representatives may attend and speak by way of telephone conference or video link.

(3)

A However, a telephone conference or video link may be used only if the student and a parent of the student have requested the use of a telephone conference or video link it to be used.

Compare: 1989 No 80 s 17B

82 Effect of suspension on school register

(1)

The name of a student aged under 16 years who has been suspended from a State school under section 76 or excluded from a State school under section 77(1)(c) must stay on the school’s register until the earlier of the following days:

(a)

the day the student is enrolled at another registered school:

(b)

the day the student is given an exemption under section 37 or 38.

(2)

The name of a student who has turned 16 years and is suspended from a State school under section 76 must stay on the register of the school until the earliest of the following days:

(a)

the day on which the student is enrolled at another registered school:

(b)

the day on which the student is expelled from the school:

(c)

the day on which the student leaves school:

(d)

1 January after the student’s 19th birthday.

(3)

Subsection (2) applies to a student who is aged under 16 years when suspended from a State school under section 76, or who is excluded from a State school under section 77(1)(c), and turns 16 years of age while subject to the suspension or exclusion.

Compare: 1989 No 80 s 17C

83 Re-enrolment of excluded or expelled student

(1)

The board of a State school from which a student has ever been excluded or expelled may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 78(1)(a)).

(2)

Subject to section 78(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 77 or 79) from another State school.

(3)

The Secretary may, in the case of a student who has turned 16 years, direct the board of another State school (other than a State integrated school) to enrol a student at the school if—

(a)

the student has been expelled from a State school under section 79; and

(b)

the Secretary has made all reasonable attempts to consult—

(i)

the student; and

(ii)

a parent of the student; and

(iii)

the board; and

(iv)

any other person or organisation that, in the Secretary’s opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(4)

A board must comply with a direction under subsection (3) and the direction overrides any enrolment scheme the school may have in place.

Compare: 1989 No 80 s 17D

84 Notice requirements for stand-downs, suspensions, exclusions, and expulsions

(1)

Immediately after a student is stood down under section 76, the principal must tell the Secretary and a parent of the student—

(a)

that the student has been stood down; and

(b)

the reasons for the principal’s decision; and

(c)

the period for which the student has been stood down.

(2)

Immediately after a student is suspended under section 76, the principal must tell the board, the Secretary, and a parent of the student—

(a)

that the student has been suspended; and

(b)

the reasons for the principal’s decision.

(3)

Immediately after the principal or the board lifts a suspension, extends a suspension, excludes a student, or expels a student, the principal or the board must tell the Secretary and a parent of the student—

(a)

that the suspension has been lifted or extended, and the period of the extension (if any), or that the student has been excluded or expelled; and

(b)

the reasons for the principal’s or the board’s decision.

(4)

Nothing in this section requires the board to tell a parent of a student about an action taken under this section if the student has turned 20 years.

Compare: 1989 No 80 s 18

85 Secretary may make rules

(1)

The Secretary may, by notice in the Gazette, make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, students, parents of students, and other persons under sections 76 to 84, including (without limitation) rules—

(a)

setting out procedural requirements to be followed when a proposed stand-down, suspension, exclusion, or expulsion is to be considered or decided:

(b)

specifying who should be consulted about the circumstances of a stand-down, suspension, exclusion, or expulsion:

(c)

setting out the steps to be taken by the principal and board, respectively, when a student has been stood down, suspended, excluded, or expelled:

(d)

specifying the notices to be given when a decision not to lift a suspension, or a decision to extend a suspension or expel a student, is made and the particulars to be set out in each notice:

(e)

specifying time limits within which specified things are to be done and the reports that are to be produced and the persons who are to produce them:

(f)

providing reasonable measures (which must not be inconsistent with the Privacy Act 1993) to protect the privacy of individuals:

(g)

providing for any other matters that the Secretary considers desirable in the interests of natural justice.

(2)

Before making any rules under this section, the Secretary must—

(a)

publish in the Gazette, and on an Internet site maintained by or on behalf of the Ministry, a notice of the Secretary’s intention to make the rules; and

(b)

give interested persons reasonable time (as specified in the notice) to make submissions on the proposed rules; and

(c)

consult the persons and groups that the Secretary thinks fit.

(3)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 18AA

Subpart 3—Teaching, learning, and well-being

Curriculum and performance measures of schools

86 Curriculum statements and national performance measures

(1)

The Minister may, by notice in the Gazette, publish (in their entirety, or by way of a general description and an indication of where the full text can be obtained) the following:

(a)

foundation curriculum policy statements, which are statements of policy concerning teaching, learning, and assessment that are made for the purposes of underpinning and giving direction to—

(i)

the way in which curriculum and assessment responsibilities are to be managed in schools:

(ii)

national curriculum statements and locally developed curricula:

(b)

national curriculum statements, which are statements of—

(i)

the areas of knowledge and understanding to be covered by students during the years of schooling; and

(ii)

the skills to be developed by students during the years of schooling; and

(iii)

desirable levels of knowledge, understanding, and skill to be achieved by students during the years of schooling:

(c)

national performance measures, which are targets against which the performance of boards can be measured.

(2)

Without limiting subsection (1), a national curriculum statement may—

(a)

specify different commencement dates for different provisions or different purposes, which dates may differ according to the classification or designation of a school, the group or year level of students attending a school, or any combination of those classifications, designations, groups, and levels:

(b)

specify a transitional period during which a board may elect to comply with an existing curriculum statement or the new curriculum statement, and specify a date on which a board must begin complying with the new curriculum statement.

Compare: 1989 No 80 s 60A; 2017 No 20 s 41(2), (5)

87 Board of State school must consult about delivery of health curriculum

(1)

The board of a State school must, at least once every 2 years, after consulting the school community, adopt a statement on the delivery of the health curriculum.

(2)

The purpose of the consultation is to—

(a)

inform the school community about the content of the health curriculum; and

(b)

ascertain the wishes of the school community regarding the way in which the health curriculum should be implemented given the views, beliefs, and customs of the members of that community; and

(c)

determine, in broad terms, the health education needs of the students at the school.

(3)

The board may adopt any method of consultation that it thinks fit to best achieve the purpose, but it may not adopt a statement on the delivery of the health curriculum until it has—

(a)

prepared the statement in draft; and

(b)

given members of the school community an adequate opportunity to comment on the draft statement; and

(c)

considered any comments received.

(4)

In this section,—

school community means,—

(a)

for a State integrated school, the parents of students enrolled at the school, and the school’s proprietors:

(b)

for any other State school, the parents of students enrolled at the school:

(c)

in every case, any other person who the board considers is part of the school community for the purpose of this section

statement on the delivery of the health curriculum means a written statement of how the school intends to implement the health education components of the relevant national curriculum statements.

Compare: 1989 No 80 s 60B

Restrictions on appointment and continued employment of teaching staff

88 Restrictions on appointment of teachers

(1)

An employer may not appoint the following persons to a teaching position:

(a)

a person—

(i)

whose registration has been cancelled; and

(ii)

who has not since been registered again:

(b)

a person whose practising certificate is suspended under section 470 or 472(1)(d) or cancelled under section 472(1)(g):

(c)

a person whose authorisation has been cancelled and who has not since—

(i)

been authorised again; or

(ii)

been registered as a teacher:

(d)

a person whose limited authority to teach is suspended under section 470 or 472(1)(d).

(2)

An employer may not permanently appoint a person to any teaching position if the person does not hold a practising certificate.

Compare: 1989 No 80 s 349

89 Restrictions on continued employment of teachers

(1)

An employer may not continue to employ the following persons in a teaching position:

(a)

a person—

(i)

whose registration has been cancelled; and

(ii)

who has not since been registered again:

(b)

a person whose practising certificate is suspended under section 472(1)(d):

(c)

a person whose authorisation has been cancelled and who has not since—

(i)

been authorised again; or

(ii)

been registered as a teacher:

(d)

a person whose limited authority to teach is suspended under section 472(1)(d).

(2)

An employer may not continue to employ in a teaching position a person who holds neither a practising certificate nor an authorisation if the person is not under the general supervision of a person who holds a practising certificate.

(3)

An employer may not, in any calendar year, continue to employ in a teaching position a person who holds neither a practising certificate nor an authorisation if the sum of the following periods is not less than the period specified in subsection (4):

(a)

the period or periods for which that person has already during that year been employed by the employer in a teaching position or positions:

(b)

any period or periods (of which the employer is aware) for which that person has already during that year been employed by any other employer in a teaching position or positions:

(c)

any period or periods (of which the employer is aware) for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service.

(4)

The period is 20 half-days or any greater number of half-days the Teaching Council has allowed in any particular case, each being a half-day on which the school or early childhood education and care service at which the person was then employed was open for instruction.

Compare: 1989 No 80 s 350

90 Chief executive of distance school not required to be registered

(1)

The chief executive of a distance school is not required to be registered.

(2)

This section overrides sections 88 and 89.

Compare: 1989 No 80 s 350A

91 Restrictions on teachers subject to interim suspension

(1)

This section applies to a person employed in a teaching position if the person—

(a)

holds a practising certificate that is suspended under section 470; or

(b)

has a limited authority to teach that is suspended under section 470.

(2)

The employer of the person—

(a)

must ensure that the person does not carry out any of the duties of the teaching position concerned; and

(b)

if the person is employed at a registered school or an early childhood education and care service, must take all reasonably practicable steps to ensure that the person does not undertake any activities that might bring them into contact with students enrolled at the school or children who attend the service.

(3)

The person may not carry out any of the duties of the teaching position concerned.

Compare: 1989 No 80 s 351

92 Further provisions relating to registration of teachers, practising certificates, and authorities to teach

The registration of teachers, the issue of practising certificates, and the grant of authorities to teach must be done in accordance with Schedule 3.

Other restrictions and requirements

93 Teaching in State primary and intermediate schools must be secular

(1)

Teaching in every State primary and intermediate school must, while the school is open, be entirely of a secular character.

(2)

However, religious instruction and observances at State schools may be held in accordance with subpart 1 of this Part.

Compare: 1964 No 135 s 77

94 Prohibition on corporal punishment and seclusion in registered schools

The following persons must not use force, by way of correction or punishment, towards any student enrolled at or attending a registered school or seclude any student enrolled at or attending the school:

(a)

a person who is employed or engaged by the school’s board or the managers of a private school:

(b)

a person who is supervising or controlling a student on behalf of the school’s board or the managers of a private school.

Compare: 1989 No 80 s 139A

95 Limits on use of physical force at registered schools

(1)

A teacher or an authorised staff member at a registered school may use physical force on a student only if the conditions set out in subsection (2) are met.

(2)

The conditions are that

(a)

the physical force is necessary to prevent imminent harm to the student or another person; and

(b)

the teacher or authorised staff member reasonably believes that there is no other option available in the circumstances to prevent the harm; and

(c)

the physical force used is reasonable and proportionate in the circumstances.

(3)

In subsection (2), harm means harm to the health, safety, or well-being of the student or another person, including any significant emotional distress suffered by the student or the other person.

(3A)

For the purposes of this section and sections 96 and 97, physical force, in relation to a student, means force directed towards the body of the student so as to move, or prevent, restrict, or subdue the movement of, the student’s body or any part of the student’s body against their will.

(4)

Nothing in this section limits or affects section 94.

Compare: 1989 No 80 s 139AC

96 Rules on use of physical force at registered schools

(1)

The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, teachers, and authorised staff members relating to the use of physical force at registered schools.

(2)

The rules must include

(b)

requirements to keep written records on the use of physical force, including requirements to notify, monitor, and report on the use of physical force; and

(c)

a procedure for authorising staff members to use physical force in accordance with section 95.

(2A)

When developing rules under this section, the Secretary must make reasonable efforts to consult

(a)

children and young people, in particular those with learning support needs:

(b)

national bodies representing the interests of

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

parents:

(v)

the disability community.

(3)

Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 139AD

97 Guidelines on use of physical force at registered schools

(1)

The Secretary must, by notice in the Gazette, issue guidelines on the use of physical force at registered schools.

(2)

The guidelines must include

(a)

best practice examples of the use of physical force; and

(b)

other examples of best practice in behaviour management.

(2A)

When developing guidelines under this section, the Secretary must make reasonable efforts to consult

(a)

children and young people, in particular those with learning support needs:

(b)

national bodies representing the interests of

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

parents:

(v)

the disability community.

(3)

Employers, principals, teachers, and authorised staff members must have regard to the guidelines.

Compare: 1989 No 80 s 139AE

95 Limits on use of physical restraint at registered schools

(1)

A teacher or authorised staff member at a registered school must not physically restrain a student unless the conditions set out in subsection (2) are met.

(2)

The conditions are that

(a)

the physical restraint is necessary to prevent imminent harm to the student or another person; and

(b)

the teacher or authorised staff member reasonably believes that there is no other option available in the circumstances to prevent the harm; and

(c)

the physical restraint is reasonable and proportionate in the circumstances.

(3)

In subsection (2), harm means harm to the health, safety, or well-being of the student or another person, including any significant emotional distress suffered by the student or the other person.

(4)

For the purposes of this section and sections 96 and 97,

authorised staff member means an employee of a registered school who is trained and authorised by the employer to use physical restraint in accordance with this section

physically restrain, in relation to a student, means to use physical force to prevent, restrict, or subdue the movement of the student’s body or part of the student’s body against the student’s will.

(5)

Nothing in this section limits or affects section 94.

Compare: 1989 No 80 s 139AC

96 Rules on use of physical restraint at registered schools

(1)

The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, teachers, and authorised staff members relating to the use of physical restraint at registered schools.

(2)

The rules must include

(a)

requirements to keep written records on the use of physical restraint, including requirements to notify, monitor, and report on the use of physical restraint; and

(b)

a procedure for authorising staff members to use physical restraint in accordance with section 95.

(3)

When developing rules under this section, the Secretary must make reasonable efforts to consult

(a)

children and young people, in particular those who are Māori and those with disabilities or learning support needs:

(b)

parents, whānau, and caregivers:

(c)

national bodies representing the interests of

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

parents:

(v)

the disability community.

(4)

Rules made under this section are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 139AD

97 Guidelines on use of physical restraint and behaviour management at registered schools

(1)

The Secretary must, by notice in the Gazette, issue guidelines on the use of physical restraint and behaviour management at registered schools.

(2)

The guidelines must include

(a)

best practice examples of

(i)

how to use physical restraint safely; and

(ii)

how to assess significant emotional distress; and

(iii)

understanding, and responding safely to, behaviour; and

(b)

a framework for decision making and problem solving to prevent, de-escalate, and safely respond to disruptive or assaultive behaviour; and

(c)

advice on assessing behaviour escalation levels that precede imminent harm to health, safety, or well-being.

(3)

When developing guidelines under this section, the Secretary must make reasonable efforts to consult

(a)

children and young people, in particular those who are Māori and those with disabilities or learning support needs:

(b)

parents, whānau, and caregivers:

(c)

national bodies representing the interests of

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

parents:

(v)

the disability community.

(4)

Employers, principals, teachers, and authorised staff members must have regard to the guidelines.

Compare: 1989 No 80 s 139AE

98 Students at State schools may be released from tuition or for outside tuition

(1)

A student enrolled at a State school may be released from a particular class or subject on religious or cultural grounds in accordance with section 48.

(2)

A student enrolled at a State school may be released from tuition of specified parts of the health curriculum related to sexuality education in accordance with section 49.

(3)

A student enrolled at a State school may be released from tuition at a State school or be allowed to leave early in accordance with section 50.

99 Students at State schools must receive guidance and counselling and their parents must be told about certain things

The principal of a State school must take all reasonable steps to ensure that—

(a)

students get good guidance and counselling; and

(b)

students in year 7 and above are provided with appropriate career education and guidance that is designed to prepare them to join the workforce or undertake further education or training when they leave school; and

(c)

a parent of the student is told of matters that, in the principal’s opinion,—

(i)

are preventing or slowing the student’s progress through the school; or

(ii)

are harming the student’s relationships with teachers or other students.

Compare: 1989 No 80 s 77

100 Required police vetting

The board of a State school or the management and the managers of a private school must obtain police vets of non-teaching and unregistered employees and contractors in accordance with the requirements of Schedule 4.

Subpart 4—Searches and surrender of property

101 Interpretation

(1)

In this subpart, unless the context otherwise requires,—

authorised staff member means a board employee who is authorised by the board to exercise powers under section 102 or 103

harmful item means an item that a teacher or an authorised staff member has reasonable grounds to believe poses an immediate threat to the physical or emotional safety of any person

item includes information stored in electronic form

outer clothing includes (without limitation) any coat, jacket, jumper, or cardigan

rub-down search means a search in which the person conducting the search—

(a)

runs or pats their hand over the body of the person being searched, whether outside or inside the clothing of the person being searched:

(b)

inserts their hand inside any pocket or pouch in the clothing of the person being searched

search, in relation to a student, includes—

(a)

a strip search; and

(b)

a rub-down search

socks does not include tights or stockings

strip search means a search where the person conducting the search requires the person being searched to—

(a)

remove any of the latter person’s clothing other than outer clothing, head covering, gloves, footwear, or socks; or

(b)

raise, lower, or open all or any part of the latter person’s clothing

student includes a person under the supervision of a teacher, whether or not the person is enrolled at the school at which the teacher is employed

teacher means a person employed at a State school in a teaching position.

(2)

An authorisation referred to in the definition of authorised staff member must be in writing and may be subject to conditions.

102 Surrender and retention of property

(1)

This section applies if a teacher or an authorised staff member has reasonable grounds to believe that a student has hidden or in clear view on or about the student’s person, or in any bag or other container under the student’s control, an item that is likely to—

(a)

endanger the safety of any person; or

(b)

detrimentally affect the learning environment.

(2)

The teacher or authorised staff member may require the student to produce and surrender the item.

(3)

If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the student—

(a)

to reveal the item:

(b)

to surrender the computer or other electronic device on which the item is stored.

(4)

A teacher or an authorised staff member may do either or both of the following in relation to an item surrendered under this section:

(a)

retain the item for a reasonable period:

(b)

dispose of the item (if appropriate).

(5)

A teacher or an authorised staff member may retain a computer or other electronic device surrendered under subsection (3)(b) for a reasonable period.

(6)

If an item or a computer or other electronic device is retained under this section, it must be stored in an appropriate manner.

(7)

At the end of any period of retention, any computer or other electronic device, or any item that is not disposed of under subsection (4)(b), must be—

(a)

returned to the student; or

(b)

passed to another person or agency, as appropriate.

(8)

A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 109.

Compare: 1989 No 80 s 139AAA

103 Searches of clothing and bags or other containers

(1)

This section applies if a teacher or an authorised staff member—

(a)

has reasonable grounds to believe that a student has a harmful item on or about the student’s person, or in any bag or other container under the student’s control; and

(b)

has required the student to produce and surrender the harmful item under section 102 and the student has refused to produce and surrender it.

(2)

The teacher or authorised staff member may do any of the following:

(a)

require the student to remove any outer clothing, except where the student has no other clothing, or only underclothing, under that outer clothing:

(b)

require the student to remove any head covering, gloves, footwear, or socks:

(c)

require the student to surrender the bag or other container.

(3)

The teacher or authorised staff member may search any clothing or footwear removed, and any bag or other container surrendered, under subsection (2).

(4)

If, during a search under this section, the teacher or authorised staff member finds a harmful item or an item that is likely to detrimentally affect the learning environment, the item may be seized by the teacher or authorised staff member.

(5)

Section 102(4) to (7) applies, with any necessary modifications, to an item seized under subsection (4).

(6)

A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 109.

Compare: 1989 No 80 s 139AAB

104 Restrictions on searches under section 103

(1)

A teacher or an authorised staff member who carries out a search under section 103 must carry out the search with decency and sensitivity and in a manner that affords the student the greatest degree of privacy and dignity consistent with the purpose of the search.

(2)

Unless impracticable, a search under section 103 must be carried out—

(a)

by a teacher or an authorised staff member who is of the same sex as the student; and

(b)

in the presence of the student and another teacher or authorised staff member who is of the same sex as the student.

(3)

Unless impracticable, a search under section 103 may not be carried out in the view of any person other than the person carrying out the search, the student, and another teacher or authorised staff member.

(4)

A teacher or an authorised staff member who carries out a search under section 103 must—

(a)

return any clothing or footwear removed and any bag or other container surrendered as soon as the search is completed; and

(b)

keep a written record of any items seized under section 103(4).

Compare: 1989 No 80 s 139AAC

105 Limits on sections 102 and 103

(1)

Nothing in section 102 or 103 permits a teacher or authorised staff member to—

(a)

search any student; or

(b)

use physical force against a student; or

(c)

require a student to provide a bodily sample (but a teacher or authorised staff member may encourage a student to participate in a voluntary drug treatment programme that involves testing of bodily samples).

(2)

Nothing in section 102 or 103 permits a teacher or an authorised staff member to have a dog with them for the purpose of exercising a power under that clause section.

(3)

The powers set out in sections 102 and 103 may not be exercised in relation to 2 or more students together unless the teacher or authorised staff member has reasonable grounds to believe that each student has an item specified in section 102(1) or a harmful item on or about their person, or in any bag or other container under their control.

(4)

Subsection (1) does not limit or affect section 77 or 79 or sections 41, 48, and 59 of the Crimes Act 1961.

Compare: 1989 No 80 s 139AAD

106 Prohibitions on searches by contractors

(1)

A contractor may not—

(a)

exercise any power in section 102 or 103; or

(b)

search a student.

(2)

However, a contractor may bring a dog that is trained for the purpose of searching to a school and use the dog for the purpose of searching school property (including lockers, desks, or other receptacles provided to students for storage purposes).

(3)

In this section, contractor means a person who works at a school under a contract for services.

Compare: 1989 No 80 s 139AAE

107 Refusal to produce, reveal, or surrender item

(1)

If a student refuses to produce, reveal, or surrender an item or computer or other electronic device under section 102(2) or (3), a teacher or an authorised staff member may take any disciplinary steps, or steps to manage the student’s behaviour, that the teacher or authorised staff member considers reasonable.

(2)

If a student refuses to remove any outer clothing, head covering, gloves, footwear, or socks or to surrender a bag or other container under section 103(2), a teacher or an authorised staff member may take any disciplinary steps, or steps to manage the student’s behaviour, that the teacher or authorised staff member considers reasonable.

Compare: 1989 No 80 s 139AAF

108 Power to search storage containers not affected

Sections 102 and 103 do not limit or affect any power to search any locker, desk, or other receptacle provided to students for storage purposes.

Compare: 1989 No 80 s 139AAG

109 Rules about surrender and retention of property and searches

(1)

The Secretary must make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, teachers, and authorised staff members under sections 102 to 107, including (without limitation) rules—

(a)

providing for the keeping of written records relating to the use of the powers under section 102; and

(b)

prescribing requirements relating to the keeping of written records under section 103; and

(c)

prescribing the procedure for authorising staff members to exercise powers or carry out functions under sections 102 to 110; and

(d)

specifying the circumstances in which items may be disposed of under section 102(4)(b); and

(e)

setting out requirements for the storage of items and computers and other electronic devices under section 102(6); and

(f)

providing for the return of items and computers and other electronic devices under section 102(7)(a).

(2)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 139AAH

110 Guidelines about surrender and retention of property and searches

(1)

The Secretary must issue guidelines for the exercise of powers and carrying out of functions under sections 102 to 109.

(2)

Boards, principals, teachers, and authorised staff members must have regard to guidelines issued under subsection (1).

Compare: 1989 No 80 s 139AAI

Subpart 5—Administration of State schools

General provisions

111 When State schools must be open

State schools must be open and closed for instruction in accordance with Schedule 20 and any regulations made under this Act.

112 Communities of learning for State schools

The Minister may approve, and the Secretary may enter into an agreement with, a community of learning in accordance with Schedule 5.

Compare: 1989 No 80 s 71C

113 State schools may use off-site locations approved by Minister

(1)

This section applies to the use of off-site locations by schools to provide education to 1 or more students on a long-term or full-time basis.

(2)

The Minister may, by written notice to the board of a State school, approve the use of an off-site location by the school.

(3)

The Minister may issue a notice under subsection (2) only if satisfied that the school’s board and the owner or occupier of the off-site location have both agreed to that use and the terms of that use.

(4)

Except as provided under this Act, a school may not—

(a)

use an off-site location; or

(b)

host an off-site location for another school.

(5)

If approval is given under subsection (2), the board must, before any use is made of the off-site location, enter into a written agreement with the Secretary that sets out—

(a)

who is responsible for the education provided at the off-site location:

(b)

who is responsible for the welfare and safety of the students at that location:

(c)

the terms agreed on any other matter the Secretary considers relevant in the particular case.

(6)

Off-site location means any premises outside the premises of the school that is to use the off-site location for the purpose described in subsection (1).

Compare: 1989 No 80 s 71A

Functions and powers of boards

114 State schools and special institutions must have boards

(1)

Except as provided in this Act, every State school and every special institution must have a board.

(2)

However, neither is required to have a board while a commissioner holds office to act in place of its board.

Compare: 1989 No 80 s 93

115 Constitution of boards of State schools

(1)

The board of a State school must comprise—

(a)

no more than 7 and no fewer than 3 parent representatives; and

(b)

the principal of the school or, for a combined board, the principal or principals of the schools administered by the board; and

(c)

except where the principal is the only member of the school staff, 1 staff representative; and

(d)

a number (determined by the board) of board members either—

(i)

co-opted by the board; or

(ii)

appointed by bodies corporate approved by the board for the purpose; and

(e)

for a board that administers any State integrated school, not more than 4 board members appointed by the school’s proprietors; and

(f)

for a board that administers a school where students are enrolled full-time in year levels above year 9, 1 student representative.

(2)

Despite subsection (1), except to the extent that a board has decided otherwise, it must have—

(a)

6 parent representatives, for a board that administers more than 2 schools; and

(b)

5 parent representatives, in any other case.

(3)

Subsection (1) is subject to sections 116, 117, and 118(1).

(4)

Subsection (2) is subject to section 118(1).

Compare: 1989 No 80 s 94

116 Proprietors of State integrated schools may vary number of board members they appoint

(1)

Despite section 115(1), except as provided in this section, a board that administers any State integrated school must have 4 board members appointed by the school’s proprietors.

(2)

The proprietors of a State integrated school may, by written notice to the board, consent to a reduction in the number of board members the proprietors are entitled to appoint to the board.

(3)

A notice under subsection (2) must—

(a)

specify that it is to take effect on the occurrence of the earlier of the following events:

(i)

the going out of office of board members:

(ii)

the appointment under section 168 of a commissioner to act in the board’s place; or

(b)

specify a day on which it is to take effect, and contain the dismissal (with effect on that day) of enough board members appointed by the proprietors to give effect to the reduction consented to.

(4)

The proprietors of a State integrated school may, by written notice to the board, require an increase (to no more than 4) in the number of board members the proprietors are entitled to appoint to the board.

(5)

A notice under subsection (4) takes effect on the occurrence of the earlier of the following events:

(a)

the going out of office of board members:

(b)

the appointment under section 168 of a commissioner to act in the board’s place.

Compare: 1989 No 80 s 94A

117 Boards may alter their constitutions

(1)

A board may, in accordance with this section, decide—

(a)

to increase to no more than 7 the number of board members who are parent representatives:

(b)

to decrease to no fewer than 3 the number of board members who are parent representatives:

(c)

to approve a body corporate for the purpose of appointing a specified number of board members to the board:

(d)

to modify an approval under paragraph (c) by increasing the number of board members a body corporate may appoint to the board:

(e)

in its absolute discretion, and without giving reasons, to modify an approval under paragraph (c) by reducing the number of board members a body corporate may appoint to the board:

(f)

in its absolute discretion, and without giving reasons, to withdraw an approval under paragraph (c).

(2)

A decision under subsection (1) must be made by resolution of the board passed at a meeting of the board open to all parents of students enrolled at the school or schools administered by the board.

(3)

Before making a decision under subsection (1), the board must take reasonable steps to ensure that the parents of students enrolled at the school or schools administered by the board have reasonable notice of—

(a)

the time, day, and place of the meeting of the board at which the decision is to be made; and

(b)

the nature of the decision; and

(c)

the fact that they have a right to attend the meeting.

(4)

If a board decides to decrease the number of board members who are parent representatives,—

(a)

no parent representative is to go out of office; and

(b)

no casual vacancy for a parent representative may be filled unless the vacancy has reduced the number of parent representatives on the board to fewer than the decreased number decided by the board.

(5)

All co-opted board members go out of office as if they had resigned, if a board decides to decrease the number of board members who are parent representatives to a number that is not more than the total number of—

(a)

co-opted board members for the time being holding office; and

(b)

board members capable of being appointed in accordance with approvals under subsection (1)(c).

(6)

If, when any co-opted board members have gone out of office under subsection (5), the number of board members on the board concerned who are parent representatives is not more than the number of board members capable of being appointed in accordance with approvals under subsection (1)(c),—

(a)

the approvals under subsection (1)(c) of the organisations by whom they may be appointed must, starting with the most recent and continuing successively to the least recent, be treated as having been withdrawn; and

(b)

all board members appointed by an organisation whose approval has been treated as having been withdrawn go out of office as if they had resigned,—

until the number of board members who are parent representatives is more than the number of board members capable of being appointed in accordance with approvals under subsection (1)(c).

(7)

A vacancy on a board caused by a decision to increase the number of members who are parent representatives must be filled by election as if it were a casual vacancy, but is not capable of being filled by selection.

(8)

A board that makes a decision under subsection (1) must ensure that, as soon as practicable after making it, the Secretary is given written notice of the nature of the decision and the day on which it was made.

Compare: 1989 No 80 s 94B

118 Composition of boards of special institutions

(1)

The Minister must, by notice in the Gazette, determine the composition of the board of a special institution.

(2)

A notice under subsection (1)

(a)

may apply to a specified institution or specified institutions, or to institutions of a specified class or description:

(b)

may revoke or amend any other notice.

(3)

However, no board member is to go out of office by reason only of the amendment or revocation of a notice under subsection (1).

(4)

If a notice under subsection (1) relates to a special institution that is a distance school, the notice must specify—

(a)

that the board is required to have a staff representative as a member; and

(b)

whether the staff representative is to be elected, co-opted by the board, or appointed by the Minister.

(5)

One board may administer a number of special institutions.

Compare: 1989 No 80 s 95

119 Other provisions relating to boards

Other provisions relating to boards are set out in the following schedules:

(a)

Schedule 21, which contains provisions relating to the constitution and operation of boards and combining and splitting boards:

(b)

Schedule 22, which contains provisions relating to the election, appointment, and co-opting of board members.

119A Status of board

(1)

A board (and not the school) is a body corporate.

(2)

A board—

(a)

is accordingly a legal entity separate from its members, office holders, employees, and the Crown; and

(b)

continues in existence until it is dissolved in accordance with this Act.

Compare: 1989 No 80 Schedule 6 cl 2

120 Board is governing body

(1)

A board is the governing body of its school.

(2)

A board is responsible for the governance of the school, including setting the policies by which the school is to be controlled and managed.

(3)

Under section 125, the school’s principal is the board’s chief executive in relation to the school’s control and management.

Compare: 1989 No 80 Schedule 6 cl 4

121 Bylaws

(1)

A board may make bylaws that the board thinks necessary or desirable for the control and management of the school.

(2)

Before making a bylaw, the board must consult its staff, its students (to the extent that the board considers appropriate), and the school community regarding the proposed bylaw.

Compare: 1989 No 80 Schedule 6 cl 18

122 Objectives of boards in governing schools

(1)

A board’s primary objectives in governing a school are to ensure that—

(a)

every student at the school is able to attain their highest possible standard in educational achievement; and

(b)

the school—

(i)

is a physically and emotionally safe place for all students and staff; and

(ii)

gives effect to relevant student rights set out in this Act, the Bill of Rights Act 1990, and the Human Rights Act 1993; and

(iii)

takes all reasonable steps to eliminate racism, stigma, bullying, and any other forms of discrimination within the school; and

(c)

the school is inclusive of, and caters for, students with differing needs; and

(d)

the school gives effect to Te Tiriti o Waitangi including by—

(i)

working to ensure that its plans, policies, and local curriculum reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and

(ii)

taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori; and

(iii)

achieving equitable outcomes for Māori students.

(2)

To meet the primary objectives, the board must—

(a)

have particular regard to the statement of national education and learning priorities issued under section 5; and

(b)

give effect to its obligations in relation to—

(i)

any foundation curriculum statements, national curriculum statements, and national performance measures; and

(ii)

teaching and learning programmes; and

(iii)

monitoring and reporting students’ progress; and

(c)

perform its functions and exercise its powers in a way that is financially responsible; and

(d)

if the school is a member of a community of learning that has a community of learning agreement under clause 2 of Schedule 5, comply with its obligations under the agreement; and

(e)

comply with all of its other obligations under this or any other Act.

Compare: 1989 No 80 Schedule 6 cl 5

123 Staff

A board may, in accordance with the State Sector Act 1988, appoint, suspend, and dismiss school staff.

Compare: 1989 No 80 Schedule 6 cl 6

124 Boards may appoint, suspend, and dismiss principal

(1)

The powers conferred on a board by section 123 include the powers to appoint, suspend, and dismiss a principal.

(2)

Two or more boards may appoint 1 person to be the principal of 2 or more schools administered by the boards.

(3)

A combined board may appoint 1 person to be the principal of 2 or more schools administered by the board.

Compare: 1989 No 80 s 75A

125 Principal is chief executive of board in relation to school’s control and management

(1)

A school’s principal is the board’s chief executive in relation to the school’s control and management.

(2)

Except to the extent that any enactment, or the general law of New Zealand, provides otherwise, the principal—

(a)

must comply with the board’s general policy directions; and

(b)

subject to paragraph (a), has complete discretion to manage the school’s day-to-day administration as they think fit.

Compare: 1989 No 80 s 76

126 Board has complete discretion

(1)

A board has complete discretion to perform its functions and exercise its powers as it thinks fit.

(2)

Subsection (1) is subject to this Act, any other enactment, and the general law of New Zealand.

Compare: 1989 No 80 Schedule 6 cl 13

127 Things boards may do

(1)

A board may do anything that it is authorised to do by this Act.

(2)

A board may do anything that a natural person of full age and capacity may do.

(3)

Subsection (2) applies except as provided in this Act or another enactment or rule of law.

(4)

A board may do an act under this section only for the purpose of performing its functions.

Compare: 1989 No 80 Schedule 6 cl 14

128 Board’s policies and practices must reflect cultural diversity

A board must take all reasonable steps to ensure that the policies and practices for its school reflect New Zealand’s cultural diversity.

Compare: 1989 No 80 Schedule 6 cl 16

129 Statements of variance and annual reports

(1)

A board must give the Secretary—

(a)

a statement of variance by a date fixed by the Secretary each year; and

(b)

an annual report as soon as practicable after the end of each financial year, and no later than a date fixed by the Secretary.

(2)

The annual report must contain the following:

(a)

the information required by the regulations made under section 602; and

(b)

the board’s annual financial statements; and

(c)

the auditor’s report provided under section 130; and

(d)

in respect of the board or, in the case of a Crown entity group, each Crown entity in the group,—

(i)

the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v)) paid or payable to the board members in their capacity as board members by the board (or entities in the group) during the financial year; and

(ii)

the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v)) paid or payable to the committee members in their capacity as committee members by the board (or entities in the group) during the financial year (except that this subparagraph does not apply to board members whose remuneration is disclosed under subparagraph (i)); and

(iii)

the number of employees (other than principals of the school) to whom, during the financial year, remuneration (other than compensation and other benefits referred to in subparagraph (v)) was paid or payable in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and

(iv)

a report, presented in the manner required by the Minister by notice in the Gazette, on the total remuneration (including benefits, any compensation, ex gratia payments, any other payments, and any other consideration paid or payable in the school principal’s capacity as an employee) paid to a principal of the school; and

(v)

the total value of any compensation or other benefits paid or payable to persons who ceased to be board members, committee members, or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was payable; and

(e)

the statement of variance.

(3)

In addition, a board that is a parent in a Crown entity group must, to the extent required to do so by generally accepted accounting practice, prepare consolidated financial statements in relation to the group for that financial year.

(4)

The annual financial statements must be in the form (if any) determined by the Secretary after consultation with the Auditor-General.

(5)

The annual financial statements must be accompanied by a statement of responsibility that complies with section 155 of the Crown Entities Act 2004 but that is signed by the chair of the board and the principal instead of 2 members.

(6)

The requirements of this section and section 130 as to annual financial statements also apply to a Crown entity subsidiary of a board as if the subsidiary were a board and with all necessary modifications.

(7)

The rest of the amendments made to this section by Schedule 6 of the Crown Entities Act 2004 apply as provided in section 198 of that Act.

(8)

In this section,—

board member and employee include a person who was a board member or an employee at any time during the applicable financial year but who is no longer a board member or an employee

statement of variance means a statement that details—

(a)

any variance between the school’s performance and the achievement of the school’s objectives set out in its strategic plan and annual implementation plan; and

(b)

any matters required by regulations made under section 602.

(9)

However, in relation to a 2023 school charter, statement of variance means the statement referred to in subsection (2)(e) as it read, or would have read, immediately before the commencement of subsection (8).

Compare: 2017 No 20 s 68

130 Audit

(1)

A board must submit its annual financial statements to the Auditor-General within 90 days after the end of each financial year.

(2)

The Auditor-General must audit the financial statements and provide an audit report on them to the board.

Compare: 1989 No 80 s 87A

131 Annual report to be made available

A board must ensure that its annual report is available to the public on an Internet site maintained by or on behalf of the board.

Compare: 1989 No 80 s 87AB

132 Annual financial statements of boards

(1)

A board must provide its audited annual financial statements to the Secretary no later than 31 May in the year after the previous financial year.

(2)

The Minister must make available (including, without limitation, by electronic means) to a member of Parliament on request from that member of Parliament any statement provided to the Secretary under subsection (1).

(3)

The statement must be made available not later than 1 month after the request was received by the Minister.

Compare: 1989 No 80 s 87C

Strategic planning and reporting

133 School strategic plan and annual implementation plan

(1)

A board must have the following strategic planning documents for its school:

(a)

a strategic plan, for each 3-year period or for a shorter period determined by the Secretary, that sets out the board’s strategy for achieving (or making progress towards achieving) its objectives during that period; and

(b)

an annual implementation plan for each year that sets out how the board intends to implement that strategy during the year.

(2)

A board must prepare its first strategic plan and annual implementation plan when required by regulations made under section 602 to do so.

(3)

If, at the commencement of this section, a board has a charter in effect for the 2022 year, the charter is to be treated as the board’s first strategic plan.

(4)

If a board’s strategic plan is its 2022 school charter, the statement of variance is not required to include a comparison with an annual implementation plan.

(5)

However, a board with a 2022 school charter as its strategic plan must continue to update the annually updated sections of its charter until its first annual implementation plan is required under regulations made under section 602.

(6)

The annually updated sections of a 2022 school charter must be updated no later than a date fixed by the Secretary.

Compare: 2017 No 20 s 158

134 Preparing draft strategic plan

(1)

A board must prepare a draft strategic plan for every 3-year period, or for a shorter period determined by the Secretary, and submit it to the Secretary in accordance with regulations made under section 602.

(2)

The draft strategic plan must comply with any regulations made under section 602 relating to the form and content of strategic plans.

(3)

In preparing a draft strategic plan, the board must—

(a)

consult—

(i)

the school community; and

(ii)

the school’s staff; and

(iii)

where appropriate, the school’s students; and

(iv)

any other persons required by the regulations; and

(b)

comply with any other regulations relating to the development of strategic plans; and

(c)

in the case of a State integrated school, ensure that the draft reflects the school’s special character; and

(d)

in the case of a designated character school, ensure that the draft reflects the school’s different character or, in the case of a Kura Kaupapa Māori, its special characteristics.

(4)

In preparing a draft strategic plan, the board may consult any person, group, or organisation that it thinks fit to consult.

(5)

This section is subject to section 133(3).

Compare: 2017 No 20 s 158

135 Secretary to review and approve draft strategic plan

(1)

On receiving a draft strategic plan, the Secretary must review it in accordance with regulations made under section 602.

(2)

After reviewing the draft strategic plan, the Secretary must—

(a)

confirm that it meets the requirements of this Act and the regulations by giving written notice to the board; or

(b)

return it to the board with directions that the board—

(i)

consider, or further consider, any matter and revise the plan in the light of that consideration; or

(ii)

revise the plan as directed by the Secretary.

(3)

If the draft strategic plan is returned to the board, the board must comply with the Secretary’s directions and then resubmit a revised plan.

(4)

The Secretary must, by giving written notice to the board, confirm a draft strategic plan unless satisfied that it does not meet the requirements of the Act and the regulations.

(5)

If a board fails to comply with the Secretary’s directions, or resubmits a revised draft strategic plan that still does not meet the requirements of the Act or the regulations, the Secretary may revise the plan and confirm it by giving written notice to the board.

Compare: 2017 No 20 s 158

136 Amending strategic plan

(1)

A board may amend its strategic plan, but if a proposed amendment is significant the board must obtain the Secretary’s approval of the amendment before amending the plan.

(2)

Before approving an amendment, the Secretary may require the board to consult the school community, staff, students, or any other person or body the Secretary thinks fit to consult.

(3)

The Secretary may require a board to amend its strategic plan.

Compare: 2017 No 20 s 158

137 Expiry of strategic plan

(1)

A strategic plan expires 3 years after the plan takes effect.

(2)

However, a 2022 school charter (which is a document that is to be treated as a board’s first strategic plan) expires when replaced by a strategic plan adopted in accordance with regulations made under section 602.

(3)

If there is no new plan to replace the expired plan, the expired plan continues to apply for a period approved by the Secretary.

Compare: 2017 No 20 s 158

138 Preparing annual implementation plan

(1)

A board must prepare an annual implementation plan.

(2)

The plan must—

(a)

contain the information required by the regulations made under section 602; and

(b)

be prepared in accordance with those regulations made under section 602.

Compare: 2017 No 20 s 158

139 Amending annual implementation plan

A board may amend its annual implementation plan.

Compare: 2017 No 20 s 158

140 Board to monitor performance against strategic planning documents

(1)

A board must monitor and evaluate its performance—

(a)

in achieving (or making progress towards achieving) its objectives in accordance with its strategic plan; and

(b)

in implementing its strategy in accordance with its annual implementation plan.

(2)

The monitoring and evaluation must be carried out in accordance with regulations made under section 602.

(3)

The board must report on its performance in the annual report, in accordance with regulations made under section 602.

Compare: 2017 No 20 s 158

141 Strategic planning documents to be on Internet site

A board must ensure that its strategic plan and annual implementation plan are available to the public on an Internet site maintained by or on behalf of the board.

Compare: 2017 No 20 s 158

Validity of acts and liability

141A Acts in breach of statute are invalid

(1)

An act of a board is invalid (unless section 141B applies) if it is an act that

(a)

the act is contrary to, or outside the authority of, an Act; or

(b)

the act is done otherwise than for the purpose of performing its functions.

(2)

Subsection (1) does not limit any discretion of a court to grant relief in respect of a minor or technical breach.

Compare: 1989 No 80 Schedule 6 cl 20

141B Some natural person acts protected

(1)

Section 141A, or any rule of law to similar effect, does not prevent a person dealing with a board from enforcing a transaction that is a natural person act unless the person dealing with the board knew, or ought reasonably to have known, that—

(a)

an express restriction in an Act makes the act contrary to, or outside the authority of, the Act; or

(b)

the act was done otherwise than for the purpose of performing the board’s functions.

(2)

A person who relies on subsection (1) has the onus of proving that that the person did not have, and could not reasonably be expected to have had, the knowledge referred to in that subsection.

(3)

A board must report, in its annual report, each transaction that the board has performed in the year to which the report relates that was invalid under section 141A but enforced in reliance on subsection (1).

(4)

To avoid doubt, this section does not affect any person’s remedies under the general law (for example, remedies in contract).

(5)

In this section, natural person act

(a)

means an act that a natural person of full age and capacity can do (whether or not the act is something that is also authorised by an Act); and

(b)

includes entry into a contract for, or relating to,—

(i)

the acquisition of financial products (within the meaning of section 7 of the Financial Markets Conduct Act 2013) or the borrowing of money; or

(ii)

the purchase, leasing, or sale of, or other dealings with, property; or

(iii)

the employment, or engagement of the services, of a person.

Compare: 1989 No 80 Schedule 6 cl 21

141C Acts that are not in best interests of board

It is irrelevant to the validity of an act that the act is not, or may not be, in the best interests of a board.

Compare: 1989 No 80 Schedule 6 cl 22

141D Dealings between boards and other persons

(1)

A board may not assert against a person dealing with the board that—

(a)

a person held out by the board to be a member, office holder, chief executive, employee, or agent of the board—

(i)

has not been duly appointed in that capacity or has ceased to be appointed in that capacity; or

(ii)

does not have the authority to exercise a power that, given the nature of the board, a person appointed to that capacity customarily has the authority to exercise; or

(iii)

does not have the authority to exercise a power that the board holds the person out as having; or

(b)

a document issued on behalf of the board by a member, office holder, chief executive, employee, or agent of the board who has actual or usual authority to issue the document is not valid or genuine.

(2)

However, a board may assert any of those matters if the person dealing with the board has, or could reasonably be expected to have had, knowledge of the matter.

(3)

Nothing in this section affects a person’s right to apply, in accordance with the law, for judicial review.

Compare: 1989 No 80 Schedule 6 cl 23

141E Personal liability of board members

(1)

A board member is not personally liable for—

(a)

any act done or omitted by the board; or

(b)

any loss to the board arising out of any act done or omitted by the board member.

(2)

However, subsection (1) applies only if the act or omission was (as far as the board member’s involvement is concerned) in good faith in carrying out or intending to carry out the performance or intended performance of the functions of the board.

Compare: 1989 No 80 Schedule 6 cl 24

Financial and property matters and application of Crown Entities Act 2004

142 Board to be financially responsible

A board must perform its functions and exercise its powers in a way that is financially responsible.

Compare: 1989 No 80 Schedule 6 cl 25

143 Application of Crown Entities Act 2004

(1)

A board is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(2)

However, that Act applies to boards only to the extent that subsection (3) provides.

(3)

The provisions of the Crown Entities Act 2004 set out in Schedule 3 of that Act the Crown Entities Act 2004 apply to boards and their Crown entity subsidiaries (within the meaning of that Act).

(4)

A board must comply with any direction given under section 107 of the Crown Entities Act 2004.

(5)

If the board does not comply with a direction, it may be dismissed under section 158(1)(i).

Compare: 1989 No 80 Schedule 6 cls 26, 27

144 Restrictions on acquisition of securities

(1)

Sections 160 and 161 of the Crown Entities Act 2004 apply.

(2)

Under section 161 of the Crown Entities Act 2004, a board may not acquire securities—

(a)

other than—

(i)

a debt security denominated in New Zealand dollars that is issued by a registered bank, or by any other entity, that satisfies a credit-rating test that is specified in regulations made under Part 4 of the Crown Entities Act 2004 or a notice in the Gazette published by the Minister of Finance; or

(ii)

a public security; or

(b)

otherwise than as provided in—

(i)

any regulations made under Part 4 of that Act; or

(ii)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(iii)

this Act.

Compare: 1989 No 80 Schedule 6 cl 28

145 Restrictions on borrowing

(1)

Sections 160 and 162 of the Crown Entities Act 2004 apply.

(2)

Under sections 160 and 162 of that Act, a board may not borrow from any person, or amend the terms of any borrowing, otherwise than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Compare: 1989 No 80 Schedule 6 cl 29

146 No delegation of power to borrow

A board may not delegate any power to borrow money that it may have under section 160 or 162 of the Crown Entities Act 2004.

Compare: 1989 No 80 Schedule 6 cl 30

147 Restrictions on giving of guarantees and indemnities

(1)

Sections 160 and 163 of the Crown Entities Act 2004 apply.

(2)

Under sections 160 and 163 of that Act, a board may not, with or without security, give a guarantee to, or indemnify, another person otherwise than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Compare: 1989 No 80 Schedule 6 cl 31

148 Restrictions on use of derivatives

(1)

Sections 160 and 164 of the Crown Entities Act 2004 apply.

(2)

Under sections 160 and 164 of that Act, a board may not enter into an agreement constituting a derivative, or amend the terms of that agreement, otherwise than as provided in—

(a)

any regulations made under Part 4 of that Act; or

(b)

any approval given jointly by the Minister of Education and the Minister of Finance; or

(c)

this Act.

Compare: 1989 No 80 Schedule 6 cl 32

149 Gifts

(1)

Any money or property that is gifted to a school may be accepted or disclaimed by the board in accordance with section 167 of the Crown Entities Act 2004.

(2)

A limitation that is provided in this Act or that applies under the Crown Entities Act 2004 (for example, a limitation on the form in which property may be held) does not apply during a period that is reasonable in the circumstances.

(3)

Subsections (1) and (2) apply to any gift that is received by the board for funding scholarships or bursaries, or for other educational purposes in connection with a school.

(4)

A board must hold the gift for the specific purpose declared by the giver.

(5)

Unless the giver has created a special trust, scholarships and bursaries from a gift must be open to every student at the school.

(6)

If the school for which a gift was given closes, the Minister must direct that the gift should apply to another school.

Compare: 1989 No 80 Schedule 6 cl 33

150 Real property

Except as provided in section 149, a board may not acquire an interest in land, or any licence to occupy any land or premises, without the consent of the Minister.

Compare: 1989 No 80 Schedule 6 cl 34

150A Occupancy of property and buildings

(1)

The Secretary may, by notice in the Gazette, specify terms and conditions applying generally to land and buildings occupied by boards, and may, by written notice to a particular board, specify terms and conditions applying to land and buildings occupied by that board.

(2)

A notice under subsection (1)

(a)

may apply to any land and buildings occupied by a board (regardless of who owns the property); but

(b)

to the extent that it applies to the board of a State integrated school, is subject to Schedule 6 and to the integration agreement for the time being in force between the Minister and the proprietor of the school.

(3)

Terms and conditions under subsection (1) may include standards of maintenance, standards of capital works, and minimum safety and health requirements.

(4)

Subsection (3) does not limit the generality of subsection (1).

(5)

Terms and conditions may be specified under subsection (1) for—

(a)

a particular school or institution or particular schools or institutions; or

(b)

schools or institutions of particular classes or descriptions; or

(c)

all schools and institutions.

(6)

A notice published in the Gazette under subsection (1) may contain the terms and conditions in their entirety or provide a general description of those terms and conditions and indicate where the full text can be obtained.

(7)

Terms and conditions specified under subsection (1) apply to boards or a board as if—

(a)

the land and buildings were owned by the Crown and the Crown has leased them to the board; and

(b)

the terms and conditions were part of the lease; and

(c)

the Crown had empowered the Secretary to exercise the Crown’s powers concerning the lease.

Compare: 1989 No 80 Schedule 6 cl 35

150B Leases and licences granted by boards

(1)

A board may, with the written consent of the Secretary, grant a lease or a licence to occupy to any person in respect of any land, buildings, or facilities occupied by the board.

(2)

The Secretary may agree to the grant of a lease or a licence by the board only if satisfied that—

(a)

the land, building, or facilities are not needed or used for the purposes of the school during the time covered by the lease or licence; and

(b)

the lease or licence is in the public interest; and

(c)

the lease or licence—

(i)

is for a purpose associated with educational outcomes and is to bring educational benefit to the school or its community, or to any other school; or

(ii)

is for a community purpose, and has no educational disadvantage for the school.

(3)

The Secretary must determine the terms and conditions of any lease or licence granted by a board by doing either or both of the following:

(a)

publishing a notice in the Gazette that specifies the general terms and conditions that apply to all, or specified classes of, leases or licences:

(b)

giving written notice to the board.

(4)

Section 150A(6) applies to a Gazette notice under subsection (3)(a).

(5)

In relation to a State integrated school, this section applies subject to Schedule 6 and to any integration agreement in force between the Minister and the proprietor of the school.

Compare: 1989 No 80 Schedule 6 cl 36

150C Other agreements to occupy school land or buildings

(1)

A board may not enter into an agreement unless the agreement—

(a)

is of a type permitted by Gazette notice under subsection (5); and

(b)

is consistent with this clause section and any conditions specified by Gazette notice under subsection (5).

(2)

It is a condition of every agreement that the board has the right to enter, at any time, the land, buildings, or facilities that are the subject of the agreement.

(3)

No person has the right under an agreement to use or occupy any land, buildings, or facilities in such a way as to unduly interfere with the use, by the board for school purposes, of that land or those buildings or facilities, or any other land, buildings, or facilities of the school.

(4)

The Secretary may, by notice in the Gazette,—

(a)

identify the kinds of agreements (for example, agreements for the use of playing fields) that boards may enter into; and

(b)

specify conditions to which agreements, or specified types of agreements, are subject.

(5)

Section 150A(6) applies to a Gazette notice under subsection (4)(b).

(6)

In relation to a State integrated school, this section applies subject to Schedule 6 and to any integration agreement in force between the Minister and the proprietor of the school.

(7)

In this section, agreement means an agreement, other than a lease or a licence to occupy under section 150B, between a board and any other person for the use of land, buildings, or facilities occupied by the board.

Compare: 1989 No 80 Schedule 6 cl 37

Programmes and monitoring

151 Teaching and learning programmes

The board of a school must ensure that the school’s principal and staff develop and implement teaching and learning programmes that—

(a)

give effect to any foundation curriculum policy statements and national curriculum statements published under section 86; and

(b)

give the school’s students access to a nationally and internationally recognised qualifications system.

Compare: 2017 No 20 s 43

152 Monitoring of and reporting on student performance

(1)

The board of a school must ensure that the school’s principal and staff monitor and evaluate the performance of the school’s students.

(2)

Monitoring and evaluating must include, but is not limited to, monitoring and evaluating the performance of the students in relation to—

(a)

any foundation curriculum policy statements and national curriculum statements published under section 86; and

(b)

any qualifications system referred to in section 151(b) that is offered at the school.

(3)

The board must ensure that information about a student’s performance is given to a parent of the student in a timely manner and in a form that is readily understandable.

(4)

The board must report to the Secretary, to its school community, and to parents on the performance of the school’s students in accordance with any regulations made under section 602.

Compare: 2017 No 20 s 43

Code of conduct

153 Code of conduct for board members

(1)

The Minister may, by notice in the Gazette, issue a code of conduct for the members of State school boards that—

(a)

sets out the minimum standards of conduct that each member is required to meet; and

(b)

is consistent with any code issued under section 565.

(2)

Before issuing a code of conduct for the members of State school boards, the Minister—

(a)

must consult the national bodies representing the interests of boards; and

(b)

may consult any other persons or bodies that the Minister thinks fit.

(3)

The notice under subsection (1) must—

(a)

specify the date on which the code of conduct for the members of State school boards comes into force (which must be at least 28 days after the date on which the notice is published); and

(b)

either—

(i)

set out the code in full; or

(ii)

give enough information to identify the code and state where copies of the code may be obtained.

(4)

A code of conduct for the members of State school boards is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

154 Boards may augment code of conduct for board members

A board, by resolution, may specify additional standards of conduct for its members provided they are consistent with any code issued under section 153 and the requirements under this Act and any other enactment.

155 Board members must comply with code of conduct

(1)

Every board member must comply with any code issued under section 153.

(2)

However, if a conflict between a standard in a code issued under section 153 (or in a code augmented under section 154) and a standard in a code issued under section 457 arises, the standard in the code issued under section 457 prevails.

156 Sanctions for failures to comply with code of conduct

(1)

A board may, by resolution, censure a board member (other than a principal) for any significant or persistent breach of a code issued under section 153 (or a code augmented under section 154).

(2)

The Minister may remove a board member (other than a principal) if—

(a)

the board member has significantly or persistently breached a code issued under section 153 (or a code augmented under section 154); and

(b)

the board—

(i)

considers the board member’s failure to comply with the code warrants the removal of the board member; and

(ii)

has presented the Minister with a written report about the board member’s failure that recommends the removal of the board member; and

(c)

the Minister is satisfied that there is just cause to remove the board member.

(3)

The removal must be made by written notice to the board member (with a copy to the board).

(4)

The notice must state—

(a)

the day on which the removal takes effect, which must be no earlier than the day on which the notice is received; and

(b)

the reasons for the removal.

(5)

The Minister must notify the removal in the Gazette as soon as practicable after giving the notice.

(6)

The Minister may remove a board member with as little formality and technicality, and as much expedition, as is permitted by—

(a)

the principles of natural justice; and

(b)

a proper consideration of the matter; and

(c)

the requirements of this section.

(7)

In this section, just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the collective duties of the council or the individual duties of members (depending on the seriousness of the breach).

Compare: 1989 No 80 ss 176C, 176D

Validation

157 Validation and invalidation of board elections

(1)

Subsection (2) applies if—

(a)

anything required to be done in connection with an election under this Act—

(i)

has been done after the time it is required to be done; or

(ii)

has not been done at all; or

(iii)

has been done irregularly; and

(b)

the Minister thinks the lateness, omission, or irregularity could not materially have affected the result of the election.

(2)

If this subsection applies, the Minister may, by notice in the Gazette, validate the lateness, omission, or irregularity.

(3)

Where anything required to be done in connection with an election under this Act cannot be done at or by the time at or by which it is required to be done, the Minister may, by notice in the Gazette, extend the time for doing it.

(4)

Subsection (5) applies if there the following occurs in connection with an election under this Act:

(a)

any lateness, omission, or irregularity that is capable of being validated under this section, but that the Minister thinks it would be improper or undesirable to validate; or

(b)

any other irregularity that the Minister thinks could materially have affected the result of the election.

(5)

If this subsection applies, the Minister may within 60 days of the election, by notice in the Gazette,—

(a)

declare the election invalid; and

(b)

require a new election to be held on a day specified in the notice; and

(c)

either—

(i)

declare that the board members holding office on the date of the invalid election remain in office until the close of the day before the day on which the new board members take office; or

(ii)

direct the Secretary to appoint a commissioner to act in place of the board until the close of the day before the day on which the new board members take office.

Compare: 1989 No 80 s 101D

Interventions in State schools

158 Interventions in State schools by Secretary or Minister

(1)

The following interventions may be used in relation to a State school:

(a)

a requirement by the Secretary for information:

(b)

a requirement by the Secretary for a board to engage specialist help:

(c)

a requirement by the Secretary for a board to prepare and carry out an action plan:

(d)

a requirement by the Secretary that the board attend a case conference to enable a particular issue or particular issues to be discussed and actions to be agreed:

(e)

a requirement by the Secretary that the board engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs:

(f)

the issuing by the Secretary to the board of a performance notice requiring the board to carry out a specified action by a specified date:

(g)

the appointment by the Minister of a board member (who may be the presiding board member) to the board for a specified period of time:

(h)

the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:

(i)

the dismissal of a board by the Minister and the appointment of a commissioner:

(j)

the dismissal of a board by the Secretary and the appointment of a commissioner.

(2)

The Secretary or the Minister may use an intervention only if the Secretary has reasonable grounds for concern about the operation of the school or the welfare or educational performance of its students.

(3)

The Secretary or the Minister may use an intervention described in subsection (1)(d) to (j) in relation to a school only if the Secretary or the Minister has reasonable grounds to believe that there is a risk to the operation of the school or to the welfare or educational performance of its students.

(4)

The Secretary or the Minister may use an intervention described in subsection (1) in relation to a school if either of the following requests the intervention:

(a)

the board:

(b)

for a State integrated school, the school’s proprietors.

(5)

When applying an intervention, the Secretary or the Minister must apply whichever intervention they consider is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.

(6)

The application of any one intervention does not preclude applying any other intervention, either concurrently or at any other time.

Compare: 1989 No 80 s 78I

159 Requirement to provide information

(1)

The Secretary may, by written notice to a board, require the board to provide specified information—

(a)

as at a given time or times; or

(b)

at specified intervals; or

(c)

both.

(2)

The Secretary may also require, in the notice, that an analysis of the specified information be provided.

(3)

A board that receives a notice under subsection (1) must provide the Secretary with the information required and an analysis of the information (if that has been sought)—

(a)

by the time or times, or at the intervals, or both, as specified in the notice; and

(b)

in the form (if any) required by the Secretary.

Compare: 1989 No 80 s 78J

160 Specialist help

(1)

The Secretary may, by written notice to a board, require the board to engage specified specialist help.

(2)

A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.

(3)

The Secretary may also require, in the notice, that the board provide to the Secretary a report or reports (for example, a progress report and a final report) on the specialist help—

(a)

by the specified time or times; or

(b)

at the specified intervals; or

(c)

both.

(4)

A board that receives a notice under subsection (1) must—

(a)

engage the specialist help as soon as practicable; and

(b)

pay the fees and reasonable expenses of any person or organisation engaged to provide specialist help, unless the Secretary determines otherwise; and

(c)

provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.

Compare: 1989 No 80 s 78K

161 Action plans

(1)

The Secretary may, by written notice to a board, require the board to prepare and carry out an action plan, and any notice must specify—

(a)

the matters that the action plan must address; and

(b)

the outcomes sought; and

(c)

the time within which a draft action plan must be prepared.

(2)

A board that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and presenting it to the Secretary for approval.

(3)

The Secretary may negotiate with the board over the draft action plan in order to reach an agreed plan, but, if, after a reasonable period, the board and the Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the board that the Secretary is to approve a particular version of the plan.

(4)

When the Secretary has approved an action plan, the board must

(a)

must implement it in accordance with its terms, unless or until the Secretary directs otherwise; and

(b)

must make the plan available as if it were part of the strategic plan required under section 133.

Compare: 1989 No 80 s 78L

162 Case conference

(1)

The Secretary may, by written notice to a board, require the board to attend a case conference on a specified date.

(2)

The notice must specify the issue or issues to be discussed.

(3)

A board that receives a notice under subsection (1) must attend the case conference.

(4)

The Secretary may invite any person to attend the case conference if the Secretary considers that the person’s presence at the conference is desirable.

(5)

If the case conference results in the parties reaching agreement on any action or actions to address any issue or issues, the agreement—

(a)

must be recorded in writing; and

(b)

is binding on the parties.

(6)

If the Secretary and the board are not able to agree on an action or actions to address any issue or issues, the Secretary may, by written notice to the board, require it

(a)

require it to take a particular action or particular actions; and

(b)

require it to provide the Secretary with a report or reports (for example, a progress report and a final report) on the action or actions taken—

(i)

as at a given time or given times; or

(ii)

at specified intervals; or

(iii)

both.

(7)

A board that receives a notice under subsection (6) must,—

(a)

in relation to a requirement to take a particular action or particular actions, take the action or actions as soon as practicable; and

(b)

if the notice includes a requirement to report to the Secretary, provide a report or reports at the time or times, or intervals, specified in the notice.

Compare: 1989 No 80 s 78LA

163 Specialist audit

(1)

The Secretary may, by written notice to the board, require a board to engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs.

(2)

A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.

(3)

The Secretary may also require, in the notice, that the board provide the Secretary with a report or reports (for example, a progress report and a final report) on the audit—

(a)

as at a given time or times; or

(b)

at specified intervals; or

(c)

both.

(4)

A board that receives a notice under subsection (1) must—

(a)

undertake the audit as soon as practicable; and

(b)

pay the fees and reasonable expenses of any person or organisation engaged to undertake the audit, unless the Secretary determines otherwise; and

(c)

provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.

Compare: 1989 No 80 s 78LB

164 Performance notice

(1)

The Secretary may, by written notice to a board, issue a performance notice requiring the board to carry out a specified action by a specified date.

(2)

The Secretary may also require, in the notice, that the board provide the Secretary with a report or reports (for example, a progress report and a final report) on the action taken—

(a)

as at a given time or given times; or

(b)

at specified intervals; or

(c)

both.

(3)

A board that receives a notice under subsection (1) must—

(a)

take the action by the date specified in the notice; and

(b)

provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.

Compare: 1989 No 80 s 78LC

165 Appointment of additional board member by Minister

(1)

The Minister may, by written notice to a board, appoint an additional board member, and the Minister may also appoint that board member as the presiding board member.

(2)

The notice must specify a period of time for which the appointment is made.

(3)

A person who is ineligible to be a board member under this Act or any regulations made under this Act may not be appointed under this section.

Compare: 1989 No 80 s 78LD

166 Amendment and revocation of notices

(1)

The Secretary may, by giving written notice to a board, amend or revoke a notice given by the Secretary under any of sections 159 to 164, 167, and 168.

(2)

The amendment or revocation takes effect on the date specified in the notice.

Compare: 1989 No 80 s 78LE

167 Limited statutory manager

(1)

The Minister may, by notice in the Gazette, direct the Secretary to appoint a limited statutory manager for a board.

(2)

A notice under subsection (1) must specify—

(a)

any functions, powers, and duties of the board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and

(b)

any matters on which the limited statutory manager may or must advise the board; and

(c)

any conditions attaching to the exercise of the powers by the board or by the limited statutory manager.

(3)

On publication of the Gazette notice, the Secretary must, by notice to the board,—

(a)

appoint a person to be the limited statutory manager for the board; and

(b)

state the date on which the appointment takes effect.

(4)

A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—

(a)

by the limited statutory manager’s own name; and

(b)

as being of a named body corporate.

(5)

On and from the date on which the limited statutory manager’s appointment takes effect,—

(a)

any functions, powers, or duties of the board specified in a notice under subsection (1) vest in the limited statutory manager; and

(b)

the board must take into consideration advice given by the limited statutory manager on any matter on which the manager is obliged to give advice; and

(c)

any conditions specified in the notice apply.

(6)

The board must pay the fees and expenses of a limited statutory manager appointed for it, unless the Secretary determines otherwise.

(7)

The Minister may, by notice in the Gazette, amend a notice under subsection (1), and the amendment takes effect on and from the date given in the notice.

(8)

If the Minister is satisfied that the appointment of the limited statutory manager is no longer required, the Minister must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.

Compare: 1989 No 80 s 78M

168 Dissolution of board and appointment of commissioner

(1)

The Minister may, by notice in the Gazette, dissolve a board and direct the Secretary to appoint a commissioner to replace that board.

(2)

On publication of a notice under subsection (1), the Secretary must, by notice in the Gazette, appoint a commissioner for the school and state the date on which the appointment takes effect.

(3)

The Secretary may, by notice in the Gazette, dissolve the board and appoint a commissioner in its place, as from a specified date, if any of the following applies:

(a)

the board has not held a meeting during the previous 3 months:

(b)

so many casual vacancies have arisen that there is no longer any board member who is eligible to preside at meetings of the board:

(c)

the result of an election of board members is that the board has fewer than 3 board members elected by parents:

(d)

an election of board members has not been held as required by this Act:

(e)

it is impossible or impracticable to discover the results of an election of board members:

(f)

the Minister has directed the Secretary to appoint a commissioner under subsection (1).

(4)

A notice under subsection (2) or (3) appointing a commissioner for a school may refer to the person appointed—

(a)

by the Commissioner’s own name; and

(b)

as being of a named body corporate.

Compare: 1989 No 80 s 78N

169 No compensation for loss of office

(1)

A board member is not entitled to any compensation or other payment or benefit relating to the board member ceasing for any reason to hold office as a board member.

(2)

A board must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries does not pay directors of the subsidiary any compensation or other payment or benefit, on any basis, for ceasing for any reason to hold office.

(3)

However, subsections (4) and (5) apply to a person who is entitled, at the commencement of this section under any contract or arrangement, to any compensation or other payment or benefit relating to their ceasing for any reason to hold office.

(4)

The entitlement is not affected by the enactment of this section.

(5)

The entitlement is cancelled on the date of reappointment of the board member or director or of the member to the committee (if any).

Compare: 1989 No 80 s 78NA

170 Commissioners

(1)

A commissioner appointed under section 157(5)(c)(ii) or 168 has all the functions, powers, and duties duties, and powers of the board that the commissioner is appointed to replace.

(2)

Anything that, if done by or on behalf of the board, must be done by affixing the board’s seal, or by the signature of 2 or more board members, or both, may be done by the signature of the commissioner.

(3)

The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the board, unless the Secretary determines otherwise.

Compare: 1989 No 80 s 78O

171 Commissioner sets date for election of board members

(1)

In the case of a commissioner appointed under section 168(2), when the Secretary is satisfied that a commissioner is no longer required for the school, the commissioner must appoint a date for the election of board members.

(2)

In the case of a commissioner appointed under section 168(3), when the Secretary is satisfied that an election of board members is likely to produce a functioning board, the commissioner must appoint a date for the election of board members.

(3)

A commissioner’s appointment ends 7 days after the date that the commissioner has set for the election of board members.

Compare: 1989 No 80 s 78P

172 Personal liability of limited statutory managers and commissioners

A limited statutory manager or commissioner is not personally liable for any act done or omitted by the manager or commissioner, or for any loss arising out of any act done or omitted by them, if the act or omission was in good faith and occurred in the course of carrying out performing their functions.

Compare: 1989 No 80 s 78Q

173 Annual review of interventions

Within 1 year of the date of a notice under any of sections 159 to 165, 167, and 168, the Secretary must review the operation of the intervention commenced by each notice, and after that must review the operation of the intervention annually.

Compare: 1989 No 80 s 78R

174 Application of interventions to State integrated schools

(1)

The Secretary must, if practicable, consult with the proprietors of a State integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.

(2)

If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee.

Compare: 1989 No 80 s 78S

175 Application of interventions to Kura Kaupapa Māori

(1)

Before applying any of the interventions in this subpart to a Kura Kaupapa Māori, the Secretary must consult with te kaitiaki o Te Aho Matua.

(2)

Subsection (1) applies only to Kura Kaupapa Māori that are required by their school charters to operate in accordance with Te Aho Matua.

Compare: 1989 No 80 s 78T

Subpart 6—Establishment and designation of State schools

176 Overview: classifications and types of State schools

This subpart concerns—

(a)

the following classifications of State schools:

(i)

primary school:

(ii)

intermediate school:

(iii)

secondary school:

(iv)

composite school:

(b)

the following types of State schools:

(i)

ordinary State school:

(ii)

designated character school, including Kura Kaupapa Māori:

(iii)

State integrated school:

(iv)

specialist school:

(v)

distance school.

177 Minister may establish State schools

(1)

The Minister may, by notice in the Gazette, establish a new State school by—

(a)

describing the place where the school is to be located; and

(b)

for a secondary school, specifying whether it is a boys’ school, a girls’ school, or a co-educational school; and

(c)

specifying a name for the school.

(2)

A decision to establish a school under subsection (1) is in the Minister’s absolute discretion.

(3)

A new school established under this section must be established as a primary, an intermediate, a secondary, or a composite school, and the notice establishing it must specify what classification of school it is.

(4)

A notice under subsection (1) establishing a new school may specify the year levels for which education may be given at the school and may provide for different year levels to be phased in over a specified period or periods.

(5)

A notice under subsection (1) establishing a new primary school may designate the school as a contributing school.

(6)

Despite clauses 3 and 4 of Schedule 21, the Minister may approve an alternative constitution when establishing a school.

(7)

This section is subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 146

178 Single-sex schools

(1)

The Minister may, by notice in the Gazette, declare any State school to be a single-sex school or a co-educational school.

(2)

A declaration under subsection (1) takes effect on the day that is 5 months after the first day of August after the notice is published.

(3)

The Minister may, by notice in the Gazette, limit, in relation to a specified single-sex school,—

(a)

in the case of a boys’ school, the number of girls who may enrol at it, or the proportion of the total roll of the school that may be girls:

(b)

in the case of a girls’ school, the number of boys who may enrol at it, or the proportion of the total roll of the school that may be boys.

(4)

In setting limits under subsection (3), the Minister must have regard to the necessity of maintaining the single-sex nature of the school.

(5)

Subsection (1) is subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 146A

179 Names of State schools

(1)

The name of a State school established after 31 December 1989 must be the name specified in the notice establishing it.

(2)

The name of a State school whose classification has been changed under section 185 must be the name specified in the last notice changing its classification.

(3)

The name of a State school established before 1 January 1990 must be the name it had on 1 December 1989.

(4)

However, the board of the State school may, by resolution and with the Secretary’s written consent, change the school’s name.

(5)

The Secretary may not withhold consent under subsection (4) unless satisfied that the proposed new or amended name is inappropriate.

Compare: 1989 No 80 s 147

180 Normal schools, etc

(1)

The Minister may, by notice in the Gazette,—

(a)

designate 1 or more specified primary schools as normal or model schools for providers of pre-service teacher education:

(b)

designate within a specified primary school a normal or model school, or model class, for providers of pre-service teacher education:

(c)

revoke any designation under this section.

(2)

Subsection (1) does not apply to a State integrated school.

(3)

Every school that was on 31 December 1989 designated a normal or model school under section 72 of the Education Act 1964 must be treated as having been designated a normal school under this section.

(4)

Every normal or model school, or model class, that was on 31 December 1989 designated within a primary school under section 72 of the Education Act 1964 must be treated as having been designated under this Act.

(5)

Subsection (1) is subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 148

181 Contributing schools

(1)

The Minister must determine which primary schools are to be or cease to be contributing schools.

(2)

If the Minister determines that a primary school is to be or cease to be a contributing school, the Minister must give the school’s board written notice of the determination.

(3)

While a primary school is a contributing school, its board must limit the education given at the school to students enrolled in year levels—

(a)

not higher than year 6; and

(b)

if the Minister allows in a notice given under subsection (2), not higher than year 7.

(4)

However, if satisfied that there are enrolled at a contributing school students whose education at the school is wholly or in part bilingual, the Minister may, by written notice to the board specifying the languages concerned, permit the board to give education to those students in accordance with conditions specified in the notice.

(5)

Every school that was on 31 December 1989 a contributing school of any other school under section 74 of the Education Act 1964 must be treated as having been designated under subsection (1).

(6)

This section applies to a school designated as a contributing school under section 177(5) as if the school had become a contributing school under subsection (1) and the Minister had given the school’s board the appropriate notice under subsection (2).

(7)

In determining that a school should be or should cease to be a contributing school, the Minister may provide for education at specified year levels to be phased in or phased out over a specified period or specified periods.

(8)

Subsection (1) is subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 150

182 Provision of education at composite schools

(1)

The Minister may, by written notice to the board of a composite school, require the board to provide education for the year levels specified in the notice, and if the Minister does so, the board must provide the education at the school accordingly.

(2)

Subsection (1) is subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 151

183 Distance schools

(1)

The Minister may, by notice in the Gazette,—

(a)

when establishing the school, or at any other time, designate a State school that is not a State integrated school as a distance school; or

(b)

at any time, remove a designation under paragraph (a).

(2)

However, the Minister may not designate a school as a distance school, or cancel a designation as a distance school, without having regard to the education of people unable conveniently to get receive tuition from a suitable State school that is not a distance school.

(3)

Subject to clauses 8(7) and 12 of Schedule 22 and any regulations made under this Act specifying when a board member’s office becomes vacant, if an existing State school is designated as a distance school, its board must continue in office as constituted until a day specified by the Minister in the notice in the Gazette under section 118(1) determining the composition of its board, but must go out of office on that day.

(4)

With the consent of the Minister, a distance school may provide early childhood education.

(5)

A distance school may deliver education through any medium, including digital technology.

(6)

The school that was, immediately before the commencement of the Education Amendment Act 1989, a correspondence school is to be treated as having been—

(a)

established under section 177 as a composite school; and

(b)

designated under subsection (1) as a distance school.

Compare: 1989 No 80 s 152

184 Specialist schools and special services

(1)

The Minister may, having regard to the provision of special education in any locality or localities,—

(a)

establish a specialist school:

(b)

establish, or authorise the establishment of, any special service.

(2)

The Minister may disestablish a specialist school or special service established under subsection (1) if the Minister—

(a)

is dissatisfied with the manner in which the school or service is being conducted; or

(b)

considers that sufficient provision is made by another similarly established school or service, or by any other school or class in or reasonably near to the same locality.

Compare: 1964 No 135 s 98

185 Minister may change classification of school

(1)

The Minister may, by notice in the Gazette, do any of the following:

(a)

declare a composite school to be a primary, an intermediate, or a secondary school:

(b)

declare a primary, an intermediate, or a secondary school to be a composite school:

(c)

declare an intermediate school to be a primary or secondary school:

(d)

declare a primary or secondary school to be an intermediate school.

(2)

Subsection (1) does not apply to a State integrated school.

(3)

The Minister may, by notice in the Gazette, specify the year levels for which education must be given at a school (whether it is an existing school or a school whose classification has been changed under subsection (1)) and provide for year levels to be phased in over a specified period or periods.

(4)

A decision to change the classification of a school under subsection (1) or to specify year levels (and, if relevant, to provide for the phasing in of these) under subsection (3) is in the Minister’s absolute discretion.

(5)

A notice under subsection (1), must specify a day (no earlier than the end of the term after the term during which the notice is published) on which it is to take effect, and the school becomes a school of the classification concerned, and ceases to be a school of the classification it was, on the day specified.

(6)

Subject to clauses 8(7) and 12 of Schedule 22 and any regulations made under this Act specifying when a board member’s office ends or becomes vacant, if an existing State school becomes a school of a different classification, its board continues in office as constituted until the close of the seventh day after the first election following its change of classification.

(7)

Subsections (1) and (3) are subject to section 195 (which sets out consultation requirements).

Compare: 1989 No 80 s 153

186 Minister may close State school

(1)

This section applies if, after consulting the board of a State school, the Minister is satisfied that the school should be closed.

(2)

Before making a decision under subsection (1), the Minister may, by written notice to the board, ask the board if it has any arguments in favour of the school staying open.

(3)

The Minister may, after considering all arguments (if any) received from the board within 28 days after it received notice under subsection (2), by notice in the Gazette specifying a day on which the school is to close, close the school, and the school ceases to be established on the day specified.

(4)

If the board of a State school advises or indicates to the Minister in writing that it agrees to or does not oppose the proposed closure of the school, the Minister may (despite anything in subsection (2) or (3) and regardless of whether the Minister has formally begun or completed the necessary consultation under subsection (1)) close the school by notice under subsection (3) on or after receiving the board’s written advice.

(5)

A decision to close a school under subsection (3) is in the Minister’s absolute discretion.

(6)

If a school is closed under this section,—

(a)

its board must be treated as having been dissolved; and

(b)

all assets, liabilities, and debts that the board had immediately before dissolution must be treated as assets, liabilities, and debts of the Minister.

(7)

Without limiting subsection (3)(b), the following provisions apply to property that was, immediately before dissolution, held by the board in trust for the benefit of the school:

(a)

the Minister may apply to Public Trust to devise a scheme to modify the trust for the benefit of another school:

(b)

if the Minister applies under paragraph (a), section 194A(2) to (8) applies with any necessary modifications (as if the property were property to which that section applies).

(8)

A school that has been closed may not be reopened, except by being established again under this Act.

(9)

This section is subject to section 195 (which sets out consultation requirements) and clause 24 of Schedule 6.

Compare: 1989 No 80 s 154

187 Minister may designate and redesignate schools

(1)

The Minister may, by notice in the Gazette, after consultation with the board of the affected school, do any of the following:

(a)

designate a State school that is not a Kura Kaupapa Māori or a designated character school as a Kura Kaupapa Māori or a designated character school:

(b)

remove the designation of a Kura Kaupapa Māori and redesignate it as a designated character school:

(c)

remove the designation of a designated character school and redesignate it as a Kura Kaupapa Māori:

(d)

remove the designation of a Kura Kaupapa Māori or a designated character school while keeping the school established as a State school.

(2)

The designation or removal of a designation of a school takes effect on the date specified in the notice under subsection (1) and, on and from that date, section 191

(a)

applies to a school that is designated as a Kura Kaupapa Māori or as a designated character school; and

(b)

ceases to apply to a school that has had its designation as a Kura Kaupapa Māori or a designated character school removed.

(3)

A notice under subsection (1) may prescribe a new name for the redesignated school.

(4)

Section 191 applies in respect of a school that is, or is to be, redesignated as a Kura Kaupapa Māori in the same way as it would apply if the school were being established as a Kura Kaupapa Māori.

(5)

No school may have its designation as a Kura Kaupapa Māori removed unless the Minister has first consulted with te kaitiaki o Te Aho Matua.

(6)

No State school may be designated as a Kura Kaupapa Māori unless the Minister has first consulted with te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.

(7)

Section 191 applies in respect of a school that is, or is to be, redesignated as a designated character school in the same way as it would apply if the school were being established as a designated character school.

Compare: 1989 No 80 s 154A

188 Kura Kaupapa Māori

(1)

When establishing a State school as a designated character school under sections 191 and 192, the Minister may also designate that designated character school as a Kura Kaupapa Māori.

(2)

The Minister may establish a school as a Kura Kaupapa Māori in accordance with this section only.

Compare: 1989 No 80 ss 155, 155C

189 Te Aho Matua

(1)

The official version of Te Aho Matua is the statement (including any gazetted amendments) in te reo Māori that is—

(a)

prepared by te kaitiaki o Te Aho Matua; and

(b)

published in the Gazette under the authority of the Minister.

(2)

The Minister may authorise the reprinting of all, or the amendment of any part, of Te Aho Matua in the Gazette, but only if asked to do so by te kaitiaki o Te Aho Matua.

(3)

When all, or an amendment to any part, of Te Aho Matua is published in the Gazette, the Minister must ensure that an explanation in English of Te Aho Matua or of the amendment is published in the same Gazette.

(4)

The explanation must be one that te kaitiaki o Te Aho Matua has approved as being an accurate interpretation of the meaning of the Māori text.

Compare: 1989 No 80 s 155A

190 Protection of term Kura Kaupapa Māori

(1)

A registered school may not use the term Kura Kaupapa Māori in its name unless the school is established under section 191.

(2)

Subsection (1) does not apply to a registered school that, immediately before the commencement of this section, is not established under section 188 but uses the term Kura Kaupapa Māori in its name.

Compare: 1989 No 80 s 155F

191 Designated character schools

(1)

When establishing a State school, the Minister may designate the school as a designated character school in accordance with this section and section 192.

(2)

The Minister may, in the Minister’s absolute discretion, refuse to establish a designated character school.

(3)

The Minister may not establish a school as a designated character school unless satisfied that, if the school is established,—

(a)

for a school that is also to be designated as a Kura Kaupapa Māori under section 188,—

(i)

te reo Māori is to be the main language of instruction at the school; and

(ii)

the school is to operate in accordance with Te Aho Matua:

(b)

for any other type of designated character school, the school is to have a character that is in some specific way or ways different from the character of ordinary State schools (its different character):

(c)

for any designated character school, it is desirable for students whose parents want them to do so to get such an education:

(d)

for any designated character school, students at the school are to receive an education of a kind that differs significantly from the education they would get at an ordinary State school.

(4)

The Minister may not also designate a designated character school as a Kura Kaupapa Māori unless the Minister has first consulted te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.

(5)

The board of a designated character school must ensure,—

(a)

for a Kura Kaupapa Māori, that—

(i)

te reo Māori is the principal language of instruction at the school; and

(ii)

the school operates in accordance with Te Aho Matua:

(b)

for any other type of designated character school, that—

(i)

the aims, purposes, and objectives of the school’s different character are set out in the school’s strategic plan; and

(ii)

the school operates consistently with its different character.

(6)

A designated character school that is a Kura Kaupapa Māori may have other special characteristics that give it a particular character (its special characteristics).

(7)

The Secretary must, by written notice to a designated character school, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.

(8)

A board of a designated character school may refuse to enrol students whose parents do not accept,—

(a)

for a Kura Kaupapa Māori, that the school operates in accordance with Te Aho Matua:

(b)

for any other type of designated character school, that the school operates consistently with its different character.

(9)

Except as provided in this section, clause 16 of Schedule 19, and any regulations made under this Act regarding enrolment schemes for designated character schools, this Act applies to every designated character school as if it were not a designated character school.

192 Process for establishing designated character schools

(1)

The Minister may, by notice in the Gazette when establishing a State school, designate the school as a designated character school and (if applicable) also designate a school as a Kura Kaupapa Māori.

(2)

Before doing so, the Minister must be satisfied of the matters in section 191(3) and have undertaken consultation under section 191(4).

(3)

The notice establishing a designated character school must,—

(a)

for a Kura Kaupapa Māori,—

(i)

specify the name of the school, which must at all times begin with the words “Te Kura Kaupapa Māori o”; and

(ii)

state that the school will operate in accordance with Te Aho Matua; and

(iii)

summarise any other special characteristics of the school:

(b)

for any other type of designated character school, describe the different character of the school (as defined in section 191(3)(b)):

(c)

for any designated character school, state the constitution of the school’s board.

(4)

The notice establishing a designated character school that is not a Kura Kaupapa Māori may also name a body that has a special affiliation with the school or has responsibility for the different character of the school.

(5)

The Minister may from time to time, after consultation with the board of a designated character school, by notice in the Gazette,—

(a)

for a Kura Kaupapa Māori,—

(i)

amend the name of the school (but not so as to omit the words “Te Kura Kaupapa Māori o”):

(ii)

amend the summary of special characteristics of the school:

(b)

for any other type of designated character school,—

(i)

amend the description of the different character of the school:

(ii)

name a body that has a special affiliation with the school or has responsibility for the different character of the school:

(c)

for any designated character school, amend the statement of the constitution of the board.

(6)

The Minister must consult any body named under subsection (4) or (5)(b)(ii) before amending the description of the school’s different character.

193 Minister may merge schools

(1)

The Minister may, by notice in the Gazette, merge 1 or more State schools that are not State integrated schools with another State school that is not a State integrated school, if the Minister is satisfied that—

(a)

each board of a school concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at the school about the proposed merger; and

(b)

the consultation that has taken place has been adequate in all the circumstances; and

(c)

the creation of a single school by the merger is appropriate in the circumstances.

(2)

A decision to merge a school under subsection (1) is in the Minister’s absolute discretion.

(3)

A notice under subsection (1) takes effect on a day (no earlier than the end of the term after the term during which the notice is published) specified in the notice and has effect as follows:

(a)

the merging schools are part of the continuing school:

(b)

if the continuing school and each merging school are not already administered by a single board,—

(i)

the board of each merging school is dissolved; and

(ii)

all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:

(c)

the continuing school is a school of the classification specified in the notice and provides education for the student year levels specified in the notice.

(4)

A notice under subsection (1) does not affect the name of the continuing school.

(5)

Before a notice under subsection (1) takes effect, the Minister must give notice in the Gazette of whether,—

(a)

during the period between a date specified in the notice and the date on which new board members take office following an election, the board of the continuing school is to be—

(i)

the board of the continuing school plus co-opted board members representing each merging school; or

(ii)

a board appointed by the Minister; or

(b)

the board of the continuing school is to have an alternative constitution approved under clause 4 of Schedule 21.

(6)

This section is subject to sections 194 and 195.

Compare: 1989 No 80 s 156A

194 Restrictions on mergers in certain cases

(1)

A Kura Kaupapa Māori established after the commencement of the Education (Te Aho Matua) Amendment Act 1999 may not merge or be merged with another Kura Kaupapa Māori or other school unless the schools involved in the merger—

(a)

operate in accordance with Te Aho Matua; and

(b)

use te reo Māori as the principal language of instruction.

(2)

Any other Kura Kaupapa Māori may merge with another school only if both schools use te reo Māori as the principal language of instruction and have the same aims, purposes, and objectives.

(3)

A designated character school may not merge or be merged with another designated character or other school unless the schools involved in the merger have the same aims, purposes, and objectives, being the aims, purposes, and objectives that constitute the way in which the character of each school is different from the character of ordinary State schools.

Compare: 1989 No 80 s 156B

194A Property held in trust

(1)

This section applies to any property that, immediately before 2 or more schools merged under section 193, was held in trust—

(a)

by the board of 1 (or more) of those schools; or

(b)

by any other person or body for the benefit of—

(i)

1 (or more) of those schools; or

(ii)

the students or former students of 1 (or more) of those schools.

(2)

The property continues to be subject to the trust concerned, but the person or body in whom it is vested may apply to Public Trust to devise a scheme to modify the trust in light of the merger of the schools concerned.

(3)

If satisfied that adequate arrangements have been made to meet the costs of doing so, Public Trust must, in consultation with the board concerned, devise a scheme to modify any trust in respect of which Public Trust has received an application under this section and notify the Solicitor-General of the scheme.

(4)

If Public Trust notifies the Solicitor-General of a scheme, the Solicitor-General may, by written notice to Public Trust,—

(a)

approve the scheme (as originally notified or with any amendments agreed by Public Trust after consultation with the board concerned); or

(b)

suggest amendments to it; or

(c)

direct that it should not proceed.

(5)

If the Solicitor-General directs that it should not proceed, the matter may be dealt with under the Charitable Trusts Act 1957.

(6)

If, within 90 days of being notified of a scheme, the Solicitor-General does not suggest amendments to it or direct that it should not proceed, the Solicitor-General is to be treated as having approved the scheme.

(7)

If the Solicitor-General approves a scheme notified under this section, the trust concerned has effect accordingly.

(8)

The Solicitor-General may not approve a scheme under this section unless satisfied that—

(a)

it modifies the trust concerned so as best to give effect to the intentions of the testator, settlor, or other person or body by whom or which the trust was established; and

(b)

subject to paragraph (a), it effects the minimum change necessary to enable the trust to operate successfully in light of the merger of the schools concerned.

Compare: 1989 No 80 s 156C

195 Consultation

(1)

The Minister must consult the board of the State school concerned before—

(a)

declaring a school to be a single-sex school or a co-educational school under section 178(1):

(b)

setting limits by notice under section 178(3) on the number of girls who may attend a boys’ school or boys who may attend a girls’ school:

(c)

designating a primary school as a normal or model school under section 180(1)(a):

(d)

designating a normal or model school or a model class within a primary school under section 180(1)(b):

(e)

revoking a designation under section 180(1)(c):

(f)

determining under section 181(1) that a particular school is to be a contributing school:

(g)

limiting the education given at a composite school under section 182:

(h)

changing the classification of a school under section 185(1).

(2)

The Minister must consult the boards of all the State schools whose rolls might, in the Minister’s opinion, be affected before—

(a)

establishing a school under section 177(1):

(b)

declaring a school to be a single-sex school or a co-educational school under section 178(1):

(c)

determining under section 181(1) that a primary school is to be or cease to be a contributing school:

(d)

limiting the education given at a composite school under section 182:

(e)

changing the classification of a school under section 185(1):

(f)

closing a school under section 186:

(g)

redesignating, or removing a designation from, a school under section 187:

(h)

merging any school or schools with another under section 193.

(3)

Subsection (2)(g) and (h) does not apply if the relevant boards have already been consulted on a closure or merger option as part of a review of the provision of schooling in a particular area.

Compare: 1989 No 80 s 157

196 Community education forums

(1)

The Minister may appoint a person to—

(a)

convene within a specified area public meetings relating to any action the Minister is considering in respect of State schools; and

(b)

advise the Minister on the views expressed at the meetings.

(2)

The Minister may take, or refuse to take, the action without—

(a)

giving the person reasonable time to convene the meetings and advise the Minister; and

(b)

considering any advice the person gives the Minister in that time.

Compare: 1989 No 80 s 157A

197 State integrated schools part of State system

(1)

Subject to subsection (2),—

(a)

on integration, a State integrated school becomes part of the State system of education in New Zealand; and

(b)

this Act and regulations made under this Act apply to a State integrated school; and.

(c)

the State Sector Act 1988 applies to a State integrated school as if service in the employment of the school’s board were education service within the meaning of that Act.

(2)

The enactments applied to State integrated schools by subsection (1)(b) are subject to Schedule 6.

Compare: 1989 No 80 s 417

198 Application to negotiate integration

The proprietor of a private school, and any person who proposes to establish a school with the intention that it become a State integrated school, may apply to the Minister to enter into negotiations for integration under Schedule 6.

Compare: 1989 No 80 s 418

Subpart 7—Private schools

199 Secretary may require application for registration of school

The Secretary may require the managers of a private entity that is not registered under section 200 to apply for its registration as a private school under that section if the Secretary considers that the entity is operating as a school, whether or not any exemption certificates issued under section 37 are held in respect of any or all of the students being taught there.

Compare: 1989 No 80 s 35B

200 Registration of private schools

(1)

This section applies if the managers of an existing school or proposed school wish the school to be registered as a private school under this section.

(2)

The managers must apply to the Secretary, on a form provided by the Secretary for the purpose, for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.

(3)

The provisional and full registration of private schools, and the operation of private schools, must be done in accordance with Schedule 7.

Compare: 1989 No 80 s 35A(1)

Subpart 8—Secondary–tertiary programmes

201 Recognition of secondary–tertiary programmes

The Minister may recognise, and the Secretary may enter into an agreement with, a provider group of secondary–tertiary programmes in accordance with Schedule 8.

Subpart 9—Resolving serious disputes

202 Purpose

The purpose of this subpart is to establish a dispute resolution scheme to facilitate and promote the resolution of serious disputes between students and State schools in an effective, flexible, and timely manner.

203 Meaning of serious dispute

In this subpart, serious dispute means a dispute between a student and the board of the student’s school about—

(a)

the student’s right to enrol at or attend the school:

(b)

the student’s rights to education under this Act generally:

(c)

the learning support the student receives at the school:

(d)

the standing-down, suspension, exclusion, or expulsion of the student by the school:

(e)

any racism or other form of discrimination that is a prohibited ground of discrimination specified in section 21(1) of the Human Rights Act 1993 experienced by the student while at the school:

(f)

the student’s physical or emotional safety while at the school:

(g)

any physical force restraint used on the student by a teacher or an authorised staff member employed or engaged by the school.

204 Dispute resolution panels

(1)

One or more dispute resolution panels may be established by regulations made under section 607 to resolve serious disputes under this subpart.

(2)

Each dispute resolution panel must consist of the combination of local community members and expert members specified in the regulations.

205 Chief Referee and deputy chief referees

(1)

The Minister may appoint a Chief Referee and, if required, may appoint 1 or more deputy chief referees for the purposes of this subpart and in accordance with any regulations made under section 607.

(2)

No person may be appointed as Chief Referee unless the person—

(a)

holds a Bachelor of Laws from a university in New Zealand or a qualification that the Minister considers is equivalent to that qualification; and

(b)

is capable, because of the person’s personal attributes, knowledge, and experience, of performing the functions of the Chief Referee set out in section 206.

(3)

A deputy chief referee must be appointed in the same manner, and must meet the same criteria, as the Chief Referee.

(4)

Subject to the control of the Chief Referee, a deputy chief referee may perform all the functions of the Chief Referee.

206 Functions of Chief Referee

(1)

The functions of the Chief Referee are—

(a)

to receive and consider applications for resolution of serious disputes; and

(b)

to appoint the members and chairperson of dispute resolution panels; and

(c)

to maintain a list of persons suitable to serve as expert members and local community members of dispute resolution panels; and

(d)

to carry out any other functions as necessary to support the conduct and administration of dispute resolution panels established for the purposes of this subpart.

(2)

The Chief Referee may delegate in writing any of the Chief Referee’s functions or powers to any person or office holder, or class of person or office holder, specified in regulations made under section 607.

(3)

The Chief Referee and a deputy chief referee may be an expert member of a dispute resolution panel.

Application for dispute resolution

207 Application for dispute resolution

(1)

The following persons may apply to the Chief Referee for a serious dispute to be resolved by a dispute resolution panel:

(a)

a student aged 16 years or over:

(b)

in the case of a student aged under 16 years, the student and a parent, guardian, or full-time caregiver of the student:

(c)

in the case of a student aged under 16 years and who is in care—

(i)

the student and a guardian of the student; or

(ii)

the student and the chief executive, person, body, or organisation referred to in section 7(4) of the Oranga Tamariki Act 1989 (or their nominated representative) who has the custody or care of the student.

(2)

However, an application may be made only if, before making the application, the applicant has given the board an opportunity to resolve the dispute by agreement and—

(a)

the applicant is dissatisfied with that process or the outcome (or both); or

(b)

the board has refused to do so.

(3)

For the purposes of subsection (1)(c), in care has the same meaning as in section 7(4) of the Oranga Tamariki Act 1989.

207A Form of application

(1)

An application may be made orally or in writing.

(2)

However, an application made orally must be put in writing as soon as practicable.

(3)

An application must include a statement setting out—

(a)

the nature of the serious dispute; and

(b)

what steps the applicant has taken to resolve the serious dispute with the board before seeking to refer the matter to a dispute resolution panel.

207B Procedure on receipt of application

(1)

As soon as practicable after receiving an application, the Chief Referee must consider the application and—

(a)

decide to accept the application and refer the matter to a dispute resolution panel; or

(b)

decide, in accordance with section 207C, to decline the application.

(2)

As soon as practicable after making a decision, the Chief Referee must give written notice to the applicant of that decision.

207C Grounds for declining application

The Chief Referee may decline an application if satisfied that—

(a)

the applicant has not made reasonable efforts to resolve the serious dispute with the board before making the application; or

(b)

the subject matter of the application is trivial; or

(c)

the application is frivolous or vexatious; or

(d)

the application involves a dispute or complaint that would be more appropriately dealt with by another body.

Dispute resolution process

208 Appointment of mediator

(1)

If a serious dispute is referred to a dispute resolution panel under section 207B(1)(a), the panel must appoint a mediator to assist the parties to resolve the serious dispute by agreement unless, in the particular circumstances, the panel considers it is inappropriate to do so.

(2)

The mediator may be a panel member.

(3)

However, if the mediator is a panel member, the person must not continue to serve on the panel if the panel decides to make a recommendation under section 209 or a determination under section 210.

208A Panel may make recommendation or determination

(1)

This section applies if a dispute resolution panel considers that it is inappropriate to appoint a mediator under section 208 or not all of the issues between the parties are resolved through mediation provided under that section.

(2)

The dispute resolution panel may do either or both of the following:

(a)

make 1 or more of the recommendations set out in section 209; or

(b)

make a determination in relation to the serious dispute and take 1 or more of the actions set out in section 210.

(3)

A recommendation under subsection (2)(a) is not binding on the parties.

(4)

A determination under subsection (2)(b) is not binding on the parties unless, before the determination is made, the parties have agreed to be bound by the determination.

209 Recommendations

For the purposes of section 208A(2)(a), the dispute resolution panel may make the following recommendations:

(a)

that the board reverse or modify its original decision in relation to the student:

(b)

that the board apologise to the student:

(c)

that the board refrain from continuing or repeating the conduct that gave rise to the serious dispute:

(d)

that the board—

(i)

review any of its rules, bylaws, or policies relating to the conduct that gave rise to the serious dispute:

(ii)

establish any rule, bylaw, or policy relating to the conduct that gave rise to the serious dispute:

(e)

that the board take any other relevant action recommended by the panel to resolve the serious dispute.

210 Determinations

(1)

If the panel decides to determine the serious dispute under section 208A(2)(b), the panel may—

(a)

confirm, reverse, or modify the board’s original decision in relation to the student:

(b)

make a declaration that the board has committed a breach of the student’s rights:

(ba)

make a recommendation that the board—

(i)

review any of its rules, bylaws, or policies relating to the conduct that gave rise to the serious dispute:

(ii)

establish any rule, bylaw, or policy relating to the conduct that gave rise to the serious dispute:

(iii)

take any other relevant action to resolve the serious dispute:

(c)

make 1 or more of the following orders:

(i)

an order that the board apologise to the student:

(ii)

an order that the board refrain from continuing or repeating the breach, or from engaging in conduct of any similar kind specified in the order in relation to the student:

(iii)

an order setting out the detail of what the parties must do to comply with a determination confirming, reversing, or modifying the board’s original decision in relation to the student:

(iv)

an order setting out the particulars of any other relevant action that the panel directs the board to take.

(2)

If the parties have agreed to be bound by an order made under subsection (1)(c), either party may enforce 1 or more of the orders through the courts by means specified in regulations made under section 607.

211 Participation in dispute resolution process

(1)

If a serious dispute is referred to a dispute resolution panel under this subpart, the board must participate in the dispute resolution process undertaken by the panel, including any meetings convened by a mediator or by the panel.

(2)

Either party may have 1 or more persons present to provide support at any meeting referred to in subsection (1) by notifying the panel in advance of the meeting.

(3)

However, if the Chief Referee considers it impracticable or inappropriate for the person providing support to be present at any meeting, that person may not be present.

(4)

A party may not be represented by a lawyer during any meeting, and a support person may not provide any legal advice or representation to the party during the meeting.

Settlements

212 Settlements

(1)

If a serious dispute is resolved through mediation under section 208(1), the mediator may, at the request of the parties, prepare a record of the agreed terms of settlement to be signed by the parties and the mediator.

(2)

Before signing the agreed terms of settlement, the mediator must—

(a)

explain to the parties the effect of subsection (3); and

(b)

be satisfied that, knowing the effect of that subsection, the parties affirm their request.

(3)

If, following the affirmation referred to in subsection (2)(b), the agreed terms of settlement to which the request relates are signed by the parties and the mediator,—

(a)

those terms are final and binding on, and enforceable by, the parties; and

(b)

except for enforcement purposes, no party may seek to bring those terms before the court, whether by action, appeal, application for review, or otherwise.

(4)

For the purposes of this section, a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity.

General provisions

212A Duty to comply with prescribed processes or procedures

A dispute resolution panel must comply with the processes or procedures (if any) prescribed in regulations made under section 607 when carrying out performing its functions.

213 Duty to act independently

(1)

The Chief Referee and every deputy chief referee must act independently in performing their functions.

(2)

Each member of a dispute resolution panel must act independently in performing the functions of a dispute resolution panel.

213A Conflicts of interest

(1)

If the Chief Referee, a deputy chief referee, or a member of a dispute resolution panel has a conflict of interest relating to a serious dispute referred to a dispute resolution panel, the person must—

(a)

disclose the nature of the interest to the panel and the parties concerned as soon as practicable after the person knows about the relevant facts; and

(b)

if the conflict is material, withdraw from the panel, unless both parties to the serious dispute agree otherwise.

(2)

In this section, interest includes (without limitation) that the person is a parent, child, spouse, civil union partner, or de facto partner of any person who is a party to the dispute.

214 Personal liability of Chief Referee and deputy chief referees

The Chief Referee appointed under section 205 and any deputy chief referee appointed under that section are not personally liable for any act done or omitted if the act or omission was—

(a)

in good faith; and

(b)

in performance or intended performance of the Chief Referee’s or deputy chief referee’s functions.

214A Personal liability of panel members and mediators

A member of a dispute resolution panel and any mediator appointed by the panel is not personally liable for any act done or omitted by the dispute resolution panel or mediator if the act or omission was (as far as the panel member’s or mediator’s involvement is concerned)—

(a)

in good faith; and

(b)

in performance or intended performance of the dispute resolution panel’s functions.

215 Confidentiality

(1)

This section applies to the following persons:

(a)

the Chief Referee and any deputy chief referee:

(b)

a person who is a party to a serious dispute referred to a dispute resolution panel under section 207B(1)(a) or is a support person of that party:

(c)

a person who is a member of a dispute resolution panel:

(d)

a mediator appointed under section 208(1).

(2)

The person must, unless authorised by the parties or by or under any enactment, keep confidential—

(a)

any statement, admission, or document created or made for the purposes of resolving the serious dispute under this subpart (including any agreed terms of settlement under section 212); and

(b)

any information that, for the purposes of resolving the serious dispute, is disclosed orally in the course of the dispute resolution process.

(3)

Despite subsection (2), the Chief Referee may publish anonymised reports relating to serious disputes referred to dispute resolution panels under this subpart.

Subpart 10—Miscellaneous provisions

218 Enrolment records

(1)

The principal of a registered school must ensure that an enrolment record in the form and containing the information that may be specified in rules made under subsection (3) is kept for each student who is enrolled at the school.

(2)

When a student moves from one registered school to another registered school, the principal of the first school must take reasonable steps to send the student’s enrolment record to the principal of the second school.

(3)

The Secretary may, by notice in the Gazette, make rules setting out administrative and procedural requirements relating to enrolment records, including (without limitation) rules—

(a)

setting out the duties of principals concerning enrolment records and the information contained in enrolment records:

(b)

requiring principals to inform students and parents about enrolment records and the use and distribution of enrolment records, and specifying the particulars about which students and parents are to be informed:

(c)

specifying the form and content of enrolment records:

(d)

specifying exceptions to particular requirements of the rules.

(4)

A principal of a registered school must comply with rules made under subsection (3).

Compare: 1989 No 80 s 77A

219 Building Act 2004

(1)

A person inspecting sitework or a building under this Act must provide written notice of any non-compliance with the Building Act 2004 to the relevant territorial authority.

(2)

In this section, building, sitework, and territorial authority have the same meanings as in section 7 of the Building Act 2004.

Compare: 1989 No 80 s 139B

Subpart 11—Offences

220 Offence relating to failure to comply with notice given under section 44

A parent who fails to comply with a notice given under section 44(1) commits an offence and is liable on conviction to a fine not exceeding $3,000.

Compare: 1989 No 80 s 28

221 Offence relating to employing school-age children

A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person,—

(a)

being a parent of any other person, permits the other person to be employed in contravention of section 52(1); or

(b)

employs any other person in contravention of section 52(1).

Compare: 1989 No 80 s 30

222 Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools

(1)

A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person intentionally insults, abuses, or intimidates a teacher or staff member of a registered school—

(a)

within the presence or hearing of any student of the school; and

(b)

while on school premises, or in any other place where students of the school are assembled for school purposes.

(2)

Subsection (1) does not apply to a student of the school.

Compare: 1989 No 80 s 139C

223 Offence relating to interference with attendance officers

A person who intentionally obstructs or interferes with an attendance officer exercising their powers under section 47 commits an offence and is liable on conviction to a fine not exceeding $1,000.

Compare: 1989 No 80 s 31(6)

224 Offence relating to failure to enrol

(1)

If a parent of a person required to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at the school, the parent commits an offence and is liable on conviction to a fine not exceeding $3,000.

(2)

The payment of a fine in respect of a conviction for an offence against this section is not a bar to proceedings for any further offence.

Compare: 1989 No 80 s 24

225 Offence relating to irregular attendance

(1)

A parent of a student commits an offence if the student,—

(a)

while enrolled at a registered school, does not attend the school as required by sections 35 and 41; or

(b)

while enrolled at a distance school, does not do the work of the course in which the student is enrolled.

(2)

A parent person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $30 for every school day on which the offence occurs.

(3)

However, a fine imposed for an offence against subsection (1) may not exceed $300 for a first offence or $3,000 for a second or subsequent offence.

(4)

The imposition of a penalty under this section does not limit or affect any provision of the Oranga Tamariki Act 1989.

Compare: 1989 No 80 s 29

226 Hearings of proceedings may be private

If a District Court Judge orders, proceedings for an offence against section 224 or 225 must be held in private.

Compare: 1989 No 80 s 32

227 Evidence of school roll, etc

(1)

In any proceedings for an offence against section 224 or 225, a certificate from a school’s principal regarding any of the following matters is, in the absence of proof to the contrary, sufficient evidence of the matter stated:

(a)

the enrolment of the student at a school:

(b)

the days on which the school was open during any period:

(c)

the student’s attendance at the school during any period:

(d)

the student’s age:

(e)

the name and address of a parent of the student.

(2)

Judicial notice must be taken of the principal’s appointment and signature on a certificate given under subsection (1).

Compare: 1989 No 80 s 33

228 Burden of proof on parents

In proceedings under section 224 or 225, the burden of proving any of the following matters in relation to a student is on a parent of the student:

(a)

the enrolment of the student at a school:

(b)

the student’s attendance at a school:

(c)

the student’s exemption from enrolment or attendance at a school.

Compare: 1989 No 80 s 34; 1964 No 135 s 126

229 Fines to be paid to board

A fine recovered under section 224 or 225 must be paid to the board on whose behalf the proceedings concerned were commenced.

Compare: 1989 No 80 s 35

230 Offences relating to operation of private schools

(1)

A manager of a private entity that is not registered as private school under section 200 commits an offence if the entity operates as a school.

(2)

A manager of a private school that is registered as a school of a particular description or particular descriptions commits an offence if the school operates as a school of another description or of other descriptions.

(3)

A manager of a private school commits an offence if the school ceases to operate before the managers tell the Secretary that it is to cease to operate.

(4)

A person who commits an offence against any of subclauses subsections (1) to (3) is liable on conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.

Compare: 1989 No 80 s 35R

Part 4 Tertiary education and vocational education and training

231 Outline of Part 4

(1)

This Part, which concerns tertiary education and vocational education and training, is divided into 7 subparts.

(2)

Subpart 1 deals with various preliminary matters.

(3)

Subpart 2 concerns teaching, learning, and well-being.

(4)

Subpart 3 concerns the administration of tertiary institutions.

(5)

Subpart 4 concerns the New Zealand Institute of Skills and Technology.

(6)

Subpart 5 concerns private training establishments.

(7)

Subpart 6 concerns work-based training.

(8)

Subpart 7 sets out several offence provisions.

Compare: 1989 No 80 s 308

232 Purpose of Part 4

The purpose of this Part is to establish and support a tertiary education and vocational education and training system that meets the objectives set out in section 233 by—

(a)

providing the framework for the Government to set out its strategic direction for tertiary education; and

(b)

establishing tertiary education organisations, and providing for their operation, duties, powers, compliance, and disestablishment; and

(c)

providing for the admission of domestic and international students and setting out student rights, responsibilities, and protections; and

(d)

supporting the health, safety, and well-being of students; and

(e)

regulating learning and providing quality assurance for learning, including qualifications, credentials, programmes, assessment standards, training schemes, and apprenticeship training arrangements; and

(f)

providing for funding of tertiary education; and

(g)

providing for the roles and functions of other regulators and education agencies.

Subpart 1—Preliminary matters

233 Objectives of Part 4

(1)

The objectives of this Part are to foster and develop a tertiary education and vocational education and training system that—

(a)

fosters, in ways that are consistent with the efficient use of national resources, high-quality learning and research outcomes, equity of access, and innovation; and

(b)

contributes to the development of cultural and intellectual life in New Zealand; and

(c)

responds to the needs of learners, interested persons or bodies, and the nation, in order to foster a skilled and knowledgeable population over time; and

(d)

contributes to the sustainable economic and social development of the nation; and

(e)

strengthens New Zealand’s knowledge base and enhances the contribution of New Zealand’s research capabilities to national economic development, innovation, international competitiveness, and the attainment of social and environmental goals; and

(f)

provides for a diversity of teaching and research that fosters, throughout the system, the achievement of international standards of learning and, as relevant, scholarship.

(2)

The Minister, TEC, and NZQA must take these objectives into account when making decisions under this Part or any decisions under Part 5 relating to tertiary education or vocational education and training.

Compare: 1989 No 80 s 159AAA

234 Roles within tertiary education and vocational education and training sectors

To avoid doubt,—

(a)

the Ministry is the Minister’s principal policy adviser on matters relating to tertiary education and vocational education and training:

(b)

NZQA is the body primarily responsible for quality assurance matters in the tertiary education and vocational education and training sectors, apart from universities:

(c)

the Vice-Chancellors Committee is the body primarily responsible for quality assurance matters in respect of universities.

Compare: 1989 No 80 s 159AD

235 Ministry may hold and disseminate information

Any information collected by TEC or NZQA—

(a)

may be held by the Ministry on behalf of TEC or NZQA; and

(b)

may be disclosed by the Ministry to TEC or NZQA or to any other person or agency that is entitled to receive it.

Compare: 1989 No 80 s 159AE

236 Enrolment of students

(1)

A person is eligible to be enrolled as a student in a programme or training scheme provided by an institution if—

(a)

the person is a domestic student or the institution’s council complies with section 495 and consents; and

(b)

the person holds the minimum entry requirements for the programme or training scheme as determined by the institution’s council; and

(c)

the person has attained,—

(i)

if the institution has fixed a minimum age for enrolment at the institution, the fixed age; and

(ii)

if the institution has fixed a minimum age for enrolment in the programme or training scheme, the fixed age.

(2)

Subsection (1)(b) and (c) does not apply to a person if—

(a)

the person has attained the age of turned 20 years; or

(b)

the council of the institution is satisfied that the person is capable of undertaking the programme or scheme concerned.

(3)

An eligible student who applies for enrolment in a programme or training scheme at an institution is entitled to be enrolled in that programme or training scheme.

(4)

However, the council of the institution—

(a)

may determine the maximum number of students that may be enrolled in a particular programme or training scheme at the institution in a particular year if the council is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment:

(b)

may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or training scheme if—

(i)

the maximum number of students who may be enrolled at an institution in a particular programme or training scheme in a particular year is determined by the council under paragraph (a); and

(ii)

the number of eligible students who apply for enrolment in that programme or training scheme in that year exceeds the maximum number so determined.

(5)

Nothing in this section prevents an institution’s council from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or scheme at the institution, on the ground that—

(a)

the person is not of good character; or

(b)

the person has been guilty of misconduct or a breach of discipline; or

(c)

the person is enrolled for full-time instruction at another institution or at a school; or

(d)

the person has made insufficient progress in the person’s study or training after a reasonable trial at the institution or at another institution.

(6)

The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide the programmes to establish common requirements to govern the selection and enrolment of people in those programmes.

(7)

In this section,—

eligible student, in relation to a programme or training scheme at an institution, means a person who is eligible to be enrolled as a student in that programme or scheme

year means a period of 12 months commencing on 1 January.

Compare: 1989 No 80 s 224

Fees

237 Fees for domestic students

(1)

An institution’s council may fix, or specify a means to determine,—

(a)

a tuition fee for any programme of study or training at the institution:

(b)

a fee for the provision of student services that are provided by the institution or by another person or body on behalf of the institution.

(2)

An institution’s council that receives funding under section 397 or 399 may not fix, in relation to domestic students, a fee (or a fee of a particular kind) that exceeds any maximum specified in a condition imposed under section 398 or 400(2) (whichever is applicable) as being the maximum fee (or fee of that kind) that can be charged to a domestic student.

(3)

If the Minister gives an institution a direction under section 238(1)(a), the council of the institution must ensure that any fees fixed under subsection (1)(b) for the provision of student services relate only to the types of student services that fall within those categories.

(4)

If an institution is given a direction under section 238(4), the council of the institution may not fix, in relation to the amount that students may be charged for student services, a fee that exceeds the maximum amount specified in the direction.

(5)

A domestic student may not be or continue to be enrolled in a programme of study or training at an institution unless the following fees have been paid to the institution’s council in respect of the student:

(a)

the tuition fee (if any) fixed, or determined, under subsection (1)(a); and

(b)

the fee for the provision of student services (if any) determined under subsection (1)(b); and

(c)

all other fees (if any) prescribed by the council.

(6)

Subsection (5) does not prevent a council from accepting any fee required to be paid by instalments.

(7)

An institution’s council must take all reasonable steps to ensure that, before the procedures for enrolling a student at the institution for the first time in any year are complete, the student is given written notice of any circumstances in which the student is or may be entitled to a refund of all or any part of fees paid or to be paid to the council.

(8)

The power of an institution’s council to refund to a student all or any part of any fees paid to it is not limited or affected by—

(a)

any failure to comply with subsection (7); or

(b)

the fact that the circumstances fall outside those notified; or

(c)

the fact that the refund is larger than specified in the notice.

Compare: 1989 No 80 s 227

238 Ministerial direction to institutions relating to compulsory student services fees

(1)

For the purpose of ensuring accountability in the use of compulsory student services fees determined under section 237(1)(b), the Minister may give an institution a written direction that—

(a)

lists the categories of student services that the institution may make available to students:

(b)

requires the institution to hold the fees in a specified manner (for example, in a separate bank account to be used solely for the purpose of expenditure on student services) and, if the fees are to be held in an account, ensure that the account is audited:

(c)

requires the institution to establish adequate arrangements for decisions to be made jointly or in consultation with the students enrolled at the institution, or their representatives, on 1 or more of the following matters:

(i)

the types of student services that are to be made available to students:

(ii)

the categories of student services that are to be made available to students:

(iii)

the maximum amount that students may be charged for the student services that are to be made available (the student services fee):

(iv)

the procurement of student services:

(v)

the method of authorising expenditure on student services:

(d)

requires the institution to include the following information in the institution’s annual report under section 293:

(i)

a description of the services funded out of the student services fee:

(ii)

a statement of the fee income and expenditure for each type of student service:

(iii)

the student services fee expressed as an amount payable per student:

(iv)

a statement describing how the institution has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b):

(e)

requires the institution to publish information about the following matters on an Internet site maintained by or on behalf of the institution:

(i)

the student services fee expressed as an amount payable per student:

(ii)

the arrangements that the institution has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c):

(iii)

how students can participate in the process of joint decision making or consultation mentioned in paragraph (c).

(2)

If the Minister lists under subsection (1)(a) categories of student services that may be made available to students (listed categories),—

(a)

the types of student services described in subsection (1)(c)(i) must fall within the listed categories; and

(b)

the categories of student services described in subsection (1)(c)(ii) must be listed categories.

(3)

A direction given under subsection (1)

(a)

may include any of the things specified in subsection (1)(a) to (e):

(b)

must specify when the direction must be complied with.

(4)

If an institution does not comply with a direction given under subsection (1), the Minister may give a written direction to that institution specifying—

(a)

the types of student services that the institution may make available to students; and

(b)

the maximum amount that students may be charged for those services; and

(c)

when the direction must be complied with.

(5)

Before giving a direction under subsection (1) or (4), the Minister must,—

(a)

by notice in the Gazette,—

(i)

set out the proposed direction; and

(ii)

invite submissions on it; and

(iii)

state a final date for receipt of submissions (being a date no later than 21 days after the date of the Gazette notice); and

(b)

consider any submissions on the proposed direction.

(6)

An institution’s council that is given a direction under subsection (1) or (4) may make statutes under section 264(1) for the purpose of giving effect to the direction.

Compare: 1989 No 80 s 227A

239 Institutions to give prospective students information about fees

An institution must ensure that prospective students receive, before enrolment is completed, full written details of—

(a)

all fees associated with their programmes; and

(b)

the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the institution to be bought or provided by students enrolled in each programme of study or training; and

(c)

any fee fixed under section 237(1)(b) that must be paid to the institution for the provision of student services.

Compare: 1989 No 80 s 228A

Student loans and allowances

240 Provisions about student loans and allowances and Student Allowance Appeal Authorities

(1)

Schedule 9 contains provisions relating to student allowances and the administration of student loans.

(1A)

Sections 363, 364, and 374 are offence provisions relating to Schedule 9.

(1B)

Section 608 allows authorises the making of regulations relating to student allowances.

(2)

Schedule 10 contains provisions relating to the composition and operation of Student Allowance Appeal Authorities.

(2A)

Section 619 is sets out an offence provision relating to Schedule 10.

(2B)

Section 609 allows authorises the making of regulations relating to Student Allowance Appeal Authorities.

Subpart 2—Teaching, learning, and well-being

241 Programmes

(1)

Subject to subpart 2 of Part 5, an institution’s council may determine the programmes of study and training to be provided at the institution.

(2)

However, the Minister may direct the institution’s council not to provide or continue to provide a particular programme of study or training if the Minister believes on reasonable grounds, after consulting the council and any other persons that the Minister thinks fit, that the provision or continued provision of the programme of study or training—

(a)

would have significant implications for the allocation of the national resources available for tertiary education or vocational training; and

(b)

would be contrary to the efficient use of those resources.

(3)

A direction under subsection (2)

(a)

must be in writing and set out the reasons for giving the direction:

(b)

may be exercised only in relation to a programme of study or training as a whole and may not be exercised in relation to any particular subjects or other constituent elements of a programme of study or training.

(4)

An institution’s council must comply with a direction given to it.

(5)

This section applies to NZIST’s council subject to section 305(6).

Compare: 1989 No 80 s 223

Students association

242 Membership of students association voluntary

A student or prospective student at an institution is not required to be a member of a students association.

Compare: 1989 No 80 s 229A

243 Prohibition on undue influence

A person may not exert undue influence on any student or prospective student with the intention of making that student or prospective student—

(a)

become or remain a member of a students association; or

(b)

cease to be a member of a students association; or

(c)

not become a member of a students association.

Compare: 1989 No 80 s 229B

244 Complaints regarding undue influence

(1)

A student or prospective student who believes on reasonable grounds that a person has exerted undue influence in breach of section 243 may lodge a complaint with the relevant institution’s council.

(2)

A complaint must be in writing and specify the grounds on which the person believes that undue influence has been exerted.

(3)

A student or prospective student who lodges a complaint—

(a)

is entitled to be heard on the matter by the council; and

(b)

may be self-represented, or be represented by an advocate.

(4)

A students association in respect of which a complaint has been lodged—

(a)

is entitled to be heard on the matter by the council; and

(b)

may be represented by a member of the association or by an advocate.

(5)

The council may refuse to hear a complaint if it believes that no reasonable grounds exist for it to be made.

(6)

If the council hears a complaint, it must deal with that complaint in accordance with the principles of natural justice and the procedures (if any) prescribed by the council in statutes made under section 264.

(7)

The council may uphold, reject, or otherwise de