This Act may be cited as the Education Amendment Act 1955, and shall be read together with and deemed part of the Education Act 1914 (hereinafter referred to as the principal Act).

2 Interpretation.

(1)

Section two of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:

“‘Appointments Committee’ means, in relation to any appointment of a teacher to a position in a school, or as an itinerant teacher, under the control of the Education Board of any district, the Appointments Committee constituted under section three of the Education Amendment Act 1955 for that district; in relation to any appointment of a teacher to any position in a Maori school which may be made by the Director under powers for the time being delegated to him by the Public Service Commission, the Appointments Committee constituted under that section for that class of position; and in relation to any other appointment of a teacher to a position which may be made by the Director under powers for the time being delegated to him by the Public Service Commission, the Appointments Committee constituted under that section for that class of position:

“‘Central Advisory Committee’ means the Central Advisory Committee constituted under section four of the Education Amendment Act 1955:

“‘Personal report’, in relation to any teacher, means a current personal report assessing his or her work as a teacher made in accordance with regulations:”.

(2)

In this Act the term “prescribed date” means,—

(a)

In relation to any teaching position classified by regulations as a Division A position or a Division B position, the first day of February, nineteen hundred and fifty-seven:

(b)

In relation to any teaching position classified by regulations as a Division C position, the first day of February, nineteen hundred and fifty-eight:

(c)

In relation to any teaching position classified by regulations as a Division D position, the first day of February, nineteen hundred and fifty-nine.

Constitution of Committees

3 Appointments Committees.

(1)

There shall be the following Appointments Committees:

(a)

An Appointments Committee for each education district:

(b)

An Appointments Committee for all positions in Maori schools to which teachers may be appointed by the Director under powers for the time being delegated to him by the Public Service Commission:

(c)

An Appointments Committee for all other positions to which teachers may be appointed by the Director under powers for the time being delegated to him by the Public Service Commission.

(2)

Subject to the provisions of subsections three and four of this section, the Appointments Committee for each education district shall consist of—

(a)

One member appointed by the Education Board of the district, who shall be chairman:

(b)

The Senior Inspector of Schools of the district:

(c)

One member appointed by the Dominion Executive of the New Zealand Educational Institute:

Provided that where the Committee is acting in connection with any appointment to a teaching position in an intermediate school or an intermediate department, being a school or department under the control of the governing body of a secondary school or of a technical school, a person appointed by that governing body shall take the place of the person appointed under paragraph (a) of this subsection both as a member and as chairman of the Committee.

(3)

In connection with any appointment to a teaching position in a training college, the Appointments Committee shall include such additional members as may from time to time be prescribed by regulations, and shall have such powers as are so prescribed.

(4)

In connection with any appointment to a teaching position in a normal school affiliated to a training college, the head teacher of the normal school and the Principal of the training college shall be advisory members of the Appointments Committee for the education district in which the school is situated. Any such advisory member may be heard, but shall not vote, in connection with any such appointment.

(5)

Every Appointments Committee for positions to which teachers may be appointed by the Director under powers for the time being delegated to him by the Public Service Commission shall consist of—

(a)

A Senior Inspector of Schools appointed by the Public Service Commission on the nomination of the Director of Education, who shall be chairman:

(b)

One member appointed by the Public Service Commission:

(c)

One member appointed by the Public Service Commission on the nomination of the Dominion Executive of the New Zealand Educational Institute.

(6)

Except as otherwise provided in this Act, every appointed member of the Appointments Committee for any education district, and the member appointed to any Appointments Committee by the Public Service Commission on the nomination of the Dominion Executive of the New Zealand Educational Institute, shall hold office for a term of two years, but may from time to time be reappointed. The other members appointed to any Appointments Committee by the Public Service Commission shall hold office during the pleasure of the Public Service Commission.

(7)

Notwithstanding anything to the contrary in this Act, every appointed member of any Appointments Committee (except a member who holds office during the pleasure of the Public Service Commission) shall continue to hold office until his successor comes into office, unless he sooner vacates office under section five of this Act.

(8)

The Appointments Committee for each education district shall hold its meetings at the office of the Education Board of the district or, where the Committee is acting in connection with any appointment to a teaching position in a training college or normal school, at such place as the Director may approve. Every such Appointments Committee shall hold its meetings at such times as the chairman of the Committee may from time to time determine. Each Appointments Committee for positions to which teachers may be appointed by the Director under powers for the time being delegated to him by the Public Service Commission shall hold its meetings at such times and places as the Director may from time to time determine. No meeting of any Appointments Committee shall be held unless every member of the Committee is present in person or is represented by his duly appointed deputy.

(9)

Except where otherwise provided in any enactment, the decision of the majority of the members of any Appointments Committee shall be the decision of that Committee.

4 Central Advisory Committee.

(1)

For the purposes specified in this section and in any other enactment there shall be a Central Advisory Committee.

(2)

The Central Advisory Committee shall consist of—

(a)

Two members appointed by the Executive of the New Zealand Education Boards’ Association:

(b)

Two members appointed by the Dominion Executive of the New Zealand Educational Institute:

(c)

Two members appointed by the Director of Education:

(d)

One member appointed by the Minister of Education to represent other educational interests.

(3)

The functions of the Central Advisory Committee shall be,—

(a)

To compile a list of public schools and Maori schools which shall be approved by the Director as country schools for the purpose of country service, and a list of public schools and Maori schools which shall be approved by the Director as very remote for the purpose of transfers and appointments of teachers:

(b)

In every case referred to it under paragraph (a) of subsection one of section nine of this Act, to decide whether the recommended appointment of a teacher should be approved or whether the Appointments Committee should be required to reconsider the matter and make a different recommendation to the Education Board or the Director, as the case may be:

(c)

To report each year to the Director concerning the operation of the system under which primary teachers are appointed and transferred and their work as teachers is assessed, and to make such recommendations as it thinks fit concerning the system:

(d)

As soon as practicable after the first day of February in the year nineteen hundred and sixty and in every fifth year thereafter, to review the operation of the said system and report to the Minister thereon.

(4)

Except as otherwise provided in this Act, the member of the Central Advisory Committee appointed by the Minister shall hold office for a term of two years, the members of that Committee appointed by the Director shall hold office during the pleasure of the Director, and the other appointed members of that Committee shall hold office for a term of four years:

Provided that one of the members first appointed by the Executive of the New Zealand Education Boards’ Association, and one of the members first appointed by the Dominion Executive of the New Zealand Educational Institute, to be specified in each case at the time of the first appointments, shall hold office for a term of two years.

(5)

Every appointed member of the Central Advisory Committee may from time to time be reappointed.

(6)

Notwithstanding anything to the contrary in this Act, every appointed member of the Central Advisory Committee (except a member who holds office during the pleasure of the Director) shall continue to hold office until his successor comes into office, unless he sooner vacates office under section five of this Act.

(7)

The Central Advisory Committee shall elect one of its members to be chairman, and shall meet at least twice a year at the office of the Department of Education at Wellington, and shall also meet at such other times and places as the chairman may from time to time determine.

(8)

No meeting of the Central Advisory Committee shall be held unless at least the following persons are present:

(a)

One member appointed by the Executive of the New Zealand Education Boards’ Association or a duly appointed deputy of that member:

(b)

One member appointed by the Dominion Executive of the New Zealand Educational Institute or a duly appointed deputy of that member:

(c)

One member appointed by the Director of Education or a duly appointed deputy of that member:

(d)

Two additional members attending in each case either in person or by a duly appointed deputy.

(9)

All questions before the Central Advisory Committee shall be decided by a majority of the valid votes recorded thereon at a meeting of the Committee held in accordance with this section.

5 Extraordinary vacancies.

(1)

Any appointed member of the Central Advisory Committee or of any Appointments Committee may at any time be removed from office by the authority which appointed him for disability, insolvency, neglect of duty, or misconduct proved to the satisfaction of that authority, or may at any time resign his office by written notice given to that authority and to the Committee.

(2)

If any member of any such Committee dies, or resigns, or is removed from office, his office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

(3)

In the case of an extraordinary vacancy on any such Committee, the authority which made the original appointment may appoint some fit person to fill the vacancy. Every such appointment shall be made in the same manner as the appointment of the vacating member.

(4)

Any member appointed to fill an extraordinary vacancy shall hold office only for the unexpired portion of the term of office of his predecessor.

6 Deputies of members.

(1)

The authority entitled to appoint any member of the Central Advisory Committee or of any Appointments Committee may at any time appoint another suitably qualified person to act as deputy for that member at any time while the member is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office.

(2)

The Senior Inspector of Schools for any district, or the head teacher of any normal school, or the Principal of any training college, may appoint an appropriate person to act as his deputy on the Appointments Committee of which he is a member or advisory member at any time while he is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office.

(3)

Where a deputy of a member of a Committee is appointed under this section the deputy shall, while he acts as such, be deemed to be a member of the Committee.

(4)

No acts done by any deputy appointed under this section as such, and no acts done by the Central Advisory Committee or any Appointments Committee while any deputy of a member or advisory member thereof is acting as such, shall in any proceedings be questioned on the ground that the occasion for his so acting had not arisen or had ceased.

7 Travelling expenses.

1951, No. 79

There shall be paid out of money appropriated by Parliament for the purpose to the members of the Central Advisory Committee and of each Appointments Committee travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly, and every such Committee shall be a statutory Board within the meaning of that Act.

Appointment of Teachers

8 Appointment of teachers in schools under control of Education Boards.

1932-33, No. 49, s. 2 1933, No. 37, s. 7 1934-35, No. 46, s. 5 1936, No. 44, s. 8 1947, No. 53, s. 2

(1)

An Education Board shall, in accordance with this section and sections nine and ten of this Act but not otherwise, appoint such teachers as may in accordance with regulations be required for the schools under its control; but no person shall be eligible for appointment who does not hold such teacher’s certificate and such other certificates of fitness as are required by regulations:

Provided that, in cases where a certificated teacher cannot be obtained for any position, the applicant for the position having otherwise the best qualifications may be temporarily appointed until a certificated teacher can be obtained:

Provided also that an uncertificated teacher with qualifications of a particular type may, with the prior approval of the Director, be appointed to a position requiring qualifications of that type:

Provided further that, except in special cases for which prior consent of the Minister has been obtained, no person who is in receipt of a retiring allowance from the Government Superannuation Fund shall be eligible for appointment.

(2)

The appointment of a teacher may be made by the transfer of a teacher from one position to another position (whether in the same school or in a different school), or otherwise.

(3)

The transfer of a teacher may be made in any of the following cases, namely:

(a)

In any case where a teacher is receiving a salary higher than the salary pertaining to the position occupied by him, or where a teacher has lost or is about to lose his position through a change in grade or status or the closing of the school, or where a teacher through no fault of his own has suffered or is about to suffer a reduction in salary, or where a teacher is not promoted when his position rises in grade:

(b)

In any case where the efficient conduct of the school from which the teacher is to be transferred appears in the opinion of the Board and the Senior Inspector to require the transfer:

(c)

In any case where a teacher has completed the prescribed period of service in a school or schools classified by the Director on the recommendation of the Central Advisory Committee as very remote and has thereafter signified to the Board his desire for a transfer:

(d)

In any other case where a teacher has signified to the Board his desire for a transfer on grounds which the Board considers sufficient to justify the transfer:

Provided that, where on or after the prescribed date the Board approves a transfer of a teacher under paragraph (c) or paragraph (d) of this subsection, the Board shall ask the Appointments Committee of the district to recommend a position to which the teacher can be transferred, and shall consider the recommendation of the Appointments Committee before making the transfer:

Provided also that, where a teacher has signified to the Board his desire for a transfer under paragraph (c) of this subsection, the Board shall, at the earliest possible date, offer him a transfer to a suitable position in a school which is not classified as aforesaid as very remote.

(4)

Every Board shall from time to time send to the Director the names and qualifications of all teachers in its district who, by virtue of the provisions of paragraph (a) or paragraph (b) of subsection three of this section, are available for transfer; and the Director shall send a complete list of those names and qualifications to every Board.

(5)

The Board may by advertisement invite applications for appointment to any position under its control, and no appointment that involves an increase of the salary of the person appointed shall be made unless the position has been advertised by the Board in such manner as the Minister may require or approve.

(6)

In any special case (to be defined by regulations), and in any other case where, after consultation with the head teacher, the Board and the Senior Inspector are of opinion that a teacher of a particular description or with special qualifications is required for a position, if applications are invited for the position a statement of the special requirements shall be included in the advertisement calling for applications.

(7)

Notwithstanding anything in sections nine and ten of this Act, the Board or any other appointing authority may, in making an appointment (by transfer or otherwise) to a vacant position in the secondary department of a district high school or in an intermediate school or in an intermediate department, appoint a person who is classified in accordance with regulations under the principal Act as a post-primary teacher.

(8)

If at any time the grade of salary attached to the position of any teacher in a school is raised, the teacher occupying that position shall not be entitled to claim an increase of salary in respect of his position unless the Board and the Senior Inspector, having regard to the interests of the school and the claims of other teachers, decide that he shall be retained in the position. The Board shall, not later than the first day of December in the year preceding the year in which the alteration in grade takes effect, notify the teacher whether he is to be retained in the position or is to be transferred, and if the teacher is not to be retained in the position the Board shall notify the Director and shall take the first opportunity of transferring the teacher to another position.

(9)

If the Board and the Senior Inspector fail to agree as to the retention of a teacher in his position pursuant to subsection eight of this section, the matter shall be referred to the Minister, whose decision shall be final.

(10)

The power of transfer conferred on a Board by subsection eight of this section shall be regarded as being exercised in accordance with the provisions of paragraph (b) of subsection three of this section.

(11)

Where a teacher has been an applicant for a position pursuant to this section and has afterwards refused the position when offered to him, he shall not, unless he satisfies the Director that there was a sufficient and proper reason for the refusal, be eligible for appointment to another position as a teacher in the service of any Board for a period of twelve months from the date of his refusal, or such shorter period as the Director may determine.

9 Powers of Appointments Committees and Central Advisory Committee in respect of appointments of teachers.

1932-33, No. 49, s. 2 1936, No. 44, s. 8

(1)

On and after the prescribed date, subject to the provisions of subsection seven of section eight of this Act, except in cases where classification in accordance with regulations under the principal Act as a post-primary teacher is required for the position, the following provisions shall apply in connection with all appointments of teachers to positions in schools, or as itinerant teachers, under the control of an Education Board, and to all appointments of teachers to positions in intermediate schools and intermediate departments, being schools and departments under the control of the governing body of a secondary school or of a technical school and to all appointments of teachers which are made by the Director under powers for the time being delegated to him by the Public Service Commission.

(a)

In any case where applications for a position have been invited and the position has not been filled by the transfer of a teacher in accordance with subsection three of this section, no applicant shall be selected for appointment by the Board or other appointing authority or the Director (as the case may be) until it or he has received the recommendation of the Appointments Committee; and where the appointing authority concurs in any recommendation of the Appointments Committee, or where the Central Advisory Committee approves any such recommendation as hereafter provided in this subsection, the applicant so recommended shall be appointed; but where the appointing authority does not concur in any recommendation of the Appointments Committee,—

(i)

That authority shall ask the Appointments Committee to reconsider its recommendation, or shall readvertise the position; and no applicant shall be selected for appointment by the authority until the authority has again received a recommendation of the Appointments Committee; and

(ii)

If (after subparagraph (i) of this paragraph has been complied with) the appointing authority still does not concur in the recommendation of the Appointments Committee, it shall refer the recommendation to the Central Advisory Committee which shall either approve the recommendation or require that the Appointments Committee reconsider the matter and make a different recommendation to the appointing authority:

(b)

In each case the Appointments Committee, in making a recommendation for an appointment, shall have regard to the terms of the advertisement for the position, the data contained in the applications for the position, the data on the applicants’ personal reports, and (in such cases as may be prescribed by regulations) such data as may be secured from interviews with selected applicants; and consideration shall first be given to the applicant or applicants with the highest general assessment according to the personal reports; and if there is only one such applicant the Committee shall recommend that applicant unless in its opinion some other applicant is more suitable for the position as advertised; and if there are more than one such applicants the Committee shall recommend whichever of those applicants it deems to be most suitable unless in its opinion some other applicant with a lower general assessment is more suitable for the position as advertised:

Provided that, if after due consideration two or more applicants with the same general assessment cannot be separated on grounds of suitability, the Appointments Committee shall apply such priorities as are prescribed by regulations relating to such cases.

(2)

Notwithstanding anything to the contrary in subsection one of this section, in any special case (as defined by regulations) where the teacher to be appointed to the position must satisfy a particular description or possess special qualifications, the Appointments Committee shall first determine which of the applicants in its opinion satisfy the description or possess the special qualifications; and only the applicants who do so shall be taken into consideration in determining which applicant shall be recommended for appointment in accordance with this subsection.

(3)

On and after the prescribed date, in any case where applications for any position in a school or as an itinerant teacher under the control of an Education Board have been invited by advertisement, the Appointments Committee for the district, in making its recommendation, shall take into account the fitness for the vacant position of all teachers whose names have been forwarded to the Board by the Director pursuant to subsection four of section eight of this Act and who have applied for the position, and if the appointment would not involve an increase of salary shall recommend the most suitable of those teachers, unless it is of opinion that none of them is suitable to fill the vacant position.

10 Transitional provisions.

1932-33, No. 49, s. 2 1936, No. 44, s. 8

Until the prescribed date, the following provisions shall apply in connection with all appointments to positions in schools, or as itinerant teachers, under the control of any Education Board:

(a)

Before making an appointment to any position in respect of which applications have been invited by advertisement, the Board shall consult with the Senior Inspector and shall take into account the fitness for the vacant position of all teachers whose names have been forwarded to the Board by the Director pursuant to the provisions of subsection four of section eight of this Act and who have applied for the position; and, if the appointment would not involve an increase of salary, shall appoint the most suitable of those teachers, unless it is of opinion that none of them is suitable to fill the vacant position:

(b)

In any case where applications for a position have been invited and the position has not been filled by the transfer of a teacher in accordance with paragraph (a) of this section, the Board shall select for appointment the applicant who is highest on the graded list of teachers, unless in the opinion of the Board and the Senior Inspector some other applicant is more suitable for the position under consideration:

Provided that, in any special case (as defined by regulations) where in the opinion of the Board and the Senior Inspector a teacher of a particular description or with special qualifications is required for a position, the Board shall select the applicant highest in the graded list of teachers who in the opinion of the Senior Inspector satisfies the description or who possesses the special qualifications, unless in the opinion of the Board and the Senior Inspector some other applicant is more suitable for the position under consideration:

(c)

If in any case where applications have been invited it appears to the Board and the Senior Inspector that two or more applicants possess as nearly as may be equal claims to appointment, then, but in no other case, the Board shall select not more than three of the applicants for consideration by the School Committee.

11 School Committees to be advised of proposed appointments.

(1)

The principal Act is hereby amended by repealing section seventy-two, and substituting the following section:

“72

“(1)

The Committee may recommend the suspension or dismissal or transfer of any teacher; and no suspension or dismissal shall take place until the Committee has been first consulted.

“(2)

The Board shall send to the chairman of the Committee, so as to reach him in the ordinary course of post not later than ten days before the day on which the appointment is to be made, the name and academic qualifications of the teacher recommended by the Appointments Committee and the date on which the teacher is to be appointed, and shall inivte the School Committee to make comments if it so wishes.”

(2)

In its application to any appointment made before the prescribed date, section seventy-two of the principal Act shall be read as if this Act had not been passed, and as if the references, in paragraphs (b) and (c) of subsection two of that section, to subsection ten of section two of the Education Amendment Act 1932–33 were references to paragraph (c) of section ten of this Act.

12 Right of appeal.

1948, No. 68

(1)

Section four of the Education Amendment Act 1948 is hereby amended by omitting from subsection one the words “and the position is to be filled by the applicant who is highest on the graded list of teachers for the time being in force under the Education (Grading of Public School Teachers) Regulations 1948 unless in the opinion of the appointing authority some other applicant is more suitable for the position”, and substituting the words “or under an Education Board and the position may be filled by the appointing authority only after first receiving the recommendation of the Appointments Committee.”

(2)

Section four of the Education Amendment Act 1948 is hereby further amended by repealing paragraph (b) of subsection one, and substituting the following paragraph:

“(b)

Any applicant for the position who has a higher general assessment according to his personal report than the applicant provisionally appointed to the position may appeal against the said provisional appointment:

“Provided that, where applications are invited by teachers of a particular description prescribed by regulations or with particular qualifications so prescribed, only applicants who, in the opinion of the Appointments Committee, satisfy the description or possess the qualifications, and have such higher general assessments, may appeal against the provisional appointment:”.

(3)

In its application to an appeal against any appointment made before the prescribed date, subsection one of section four of the Education Amendment Act 1948 shall be read as if subsections one and two of this section had not been passed, and as if the words “or under an Education Board” were inserted after the words “teacher of a special subject in the Department of Education”.

13 Power of Appeal Board to determine suitability.

1948, No. 68 1950, No. 77

(1)

Section six of the Education Amendment Act 1948, as amended by section four of the Education Amendment Act 1950, is hereby further amended by omitting from subsection six the words “Senior Inspector”, and substituting the words “Appointments Committee or the Central Advisory Committee”.

(2)

Section six of the Education Amendment Act 1948, as amended by section four of the Education Amendment Act 1950, is hereby further amended by repealing paragraph (b) of subsection six, and substituting the following paragraph:

“(b)

Any other person who appealed against the appointment, and who has a higher general assessment according to his personal report, is as suitable for the position under consideration as the appellant.”

(3)

In its application to an appeal against any appointment made before the prescribed date, the said subsection six of section six of the Education Amendment Act 1948 shall be read as if this section had not been passed.

14 Regulations.

Without restricting the powers of making regulations conferred by the principal Act, it is hereby declared that, subject to the provisions of the principal Act and this Act, the Governor-General may from time to time, by Order in Council, make regulations providing for the appointment, transfer, and promotion of teachers, the classification of teaching positions, and the making of personal reports on teachers.

15 Consequential repeals and amendments.

(1)

The enactments specified in the First Schedule to this Act are hereby repealed.

(2)

The enactments specified in the Second Schedule to this Act are hereby amended in the manner indicated in that Schedule.

SCHEDULES

FIRST SCHEDULE Enactments Repealed

Section 15(1)

1932–33, No. 49—

The Education Amendment Act 1932–33: Section 2.

1933, No. 37—

The Education Law Amendment Act 1933: Section 7. 1934–35, No. 46—

The Education Law Amendment Act 1934–35: Section 5.

1936, No. 44—

The Education Amendment Act 1936: Section 8.

1938, No. 14—

The Education Amendment Act 1938: Section 6(2).

1941, No. 26—

The Statutes Amendment Act 1941: Section 12(4).

1947, No. 53—

The Education Amendment Act 1947: Section 2.

1948, No. 68—

The Education Amendment Act 1948: Section 11.

SECOND SCHEDULE Enactments Amended

Section 15(2)

Title of Act	Nature of Amendment
1914, No. 57— The Education Act 1914 (Reprint of Statutes, Vol. II, p. 1043)	By omitting from subsection (5) of section 73 (as amended by section 5 of the Education Law Amendment Act 1934–35) all words after the words “the provisions of”, and substituting the words “paragraph (a) of subsection three of section eight of the Education Amendment Act 1955”.
1938, No. 14— The Education Amendment Act 1938	By omitting from paragraph (b) of section 4 the words “subsection nine of section two of the Education Amendment Act 1932–33”, and substituting the words “section twelve of the Statutes Amendment Act 1941”.
	By omitting from paragraph (c) of section 4 the words “subsection thirteen of section two of the Education Amendment Act 1932–33”, and substituting the words “subsection eight of section eight of the Education Amendment Act 1955”.
	By omitting from paragraph (d) of section 4 the words “subsection five of section two of the Education Amendment Act 1932–33 (as enacted by section eight of the Education Amendment Act 1936)”, and substituting the words “subsection five of section eight of the Education Amendment Act 1955”.

Education Amendment Act 1955