Education Amendment Act 1963
Education Amendment Act 1963
Education Amendment Act 1963
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Education Amendment Act 1963
Public Act |
1963 No 27 |
|
Date of assent |
16 October 1963 |
|
Contents
An Act to amend the Education Act 1914
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Education Amendment Act 1963, and shall be read together with and deemed part of the Education Act 1914 (hereinafter referred to as the principal Act).
Part I Technical Institutes
2 Interpretation
In this Part of this Act, unless the context otherwise requires,—
“Continuation education” means, in relation to any student, further education which is not directly related to the trade or profession in which the student may be engaged:
“Further education” means education provided for persons who have passed the school leaving age and are not enrolled for secondary instruction in any school; but does not include education at a University or University College of Agriculture or Teachers Training College:
“Technical education” means further education which is directly related to or in preparation for the trade or profession in which the pupil gains or expects to gain his livelihood:
“Technical institute” means a school established under this Part of this Act, or deemed to have been so established, which is either devoted solely to the provision of technical and continuation education, or provides such a volume of advanced technical education as to warrant, in the opinion of the Minister, being designated as a technical institute; and includes any correspondence school so far as it is deemed to be a technical institute within the meaning of this Part of this Act.
3 Establishment and disestablishment of technical institutes
(1)
Having regard to the provision of further education for the whole of New Zealand or in any locality, and after such consultation as he may deem necessary with the governing body of any technical institute or technical school or with any other appropriate educational authority, the Minister may establish at such place as he thinks fit a technical institute; and with the like regard may disestablish any such technical institute.
(2)
The technical schools known as the Auckland Technical Institute, the Central Institute of Technology, and the Wellington Polytechnic, existing immediately before the commencement of this Act, are hereby disestablished as technical schools and established as technical institutes as from the commencement of this Act.
(3)
The Minister may, by notice in the Gazette, declare the extent to which and the purposes for which any correspondence school shall be deemed to be a technical institute or part of a technical institute within the meaning of this Part of this Act.
4 Governing bodies of technical institutes
(1)
Every technical institute established for the provision of further education under this Part of this Act shall, unless the Minister requires the school to be controlled by the Board or governing body of some other technical institute or of some technical school, be controlled by a Board of Managers.
(2)
The Governor-General may from time to time, by Order in Council, provide for the constitution for the purposes of this section of a Board of Managers to control a technical institute.
(3)
Every such Board of Managers shall be known by such name and shall consist of such members as may be specified in that order.
(4)
Every such Board of Managers shall be a body corporate, and may hold real and personal property, and sue and be sued, and do and suffer all such acts and things as bodies corporate may do and suffer.
5 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make all such regulations as are necessary and expedient for the due control and administration of technical institutes.
(2)
Without limiting the general power conferred by subsection (1) of this section or any power conferred by the principal Act, it is hereby declared that regulations may be made under this section for all or any of the following purposes:
(a)
Prescribing the manner in which members of Boards of Managers of technical institutes shall be appointed or elected and hold office:
(b)
Prescribing the respective powers of the Board of Managers and of the Principal of a technical institute, the manner in which the Board of Managers shall conduct its business, and other matters relating to the control and management of a technical institute:
(c)
Prescribing the courses of instruction in technical institutes:
(d)
Prescribing the provision that may be made for the granting of bursaries to students of technical institutes:
(e)
Prescribing the fees and charges that may be made in respect of students at technical institutes:
(f)
Prescribing the provision that may be made by the Board of Managers of a technical institute for the accommodation of students living away from home:
(g)
Prescribing the staffs of teachers (including part-time teachers) and of other persons to be employed in technical institutes:
(h)
Prescribing rates and conditions of payment of salaries, allowances, and increments that may be paid to teachers (including relieving teachers and temporary teachers) to be employed in technical institutes in so far as those rates and conditions are not determined by any salary order or determination applicable to the Education service made pursuant to the Government Service Tribunal Act 1948:
(i)
Prescribing conditions subject to which leave of absence may be granted to teachers to be employed in technical institutes, and such other matters relating to the conditions of employment of those teachers as may be necessary for the due administration of technical institutes.
(3)
The salaries, allowances, increments, and payments to be made under the provisions of this section shall be made out of money to be appropriated from time to time by Parliament for those purposes.
(4)
Any regulations made under this section may, in so far as they prescribe any rates of salaries, allowances, or payments, be made to come into force on a date to be specified therein in that behalf, whether before or after the date of the Order in Council making the regulations, and if no such date is specified in any such regulations, those regulations, so far as they prescribe any such rates, shall come into force on the date of their notification in the Gazette.
6 Certain provisions relating to technical schools to apply to technical institutes
The provisions of the principal Act and of all regulations thereunder relating to technical schools, shall, subject to the provisions of this Part of this Act and (in the case of any such regulations) to any regulations made under this Part of this Act, apply to every technical institute as if every reference in the principal Act or in any regulations made thereunder to a technical school were also a reference to a technical institute.
Part II Miscellaneous Provisions
7 Right of Head Teachers and Principals to attend meetings of School Committees and school governing bodies
(1)
The Head Teacher of any public school or Maori school shall be entitled to be present at any meeting of the School Committee for the school; and the Principal of any technical school shall be entitled to be present at any meeting of a special committee or any other committee of the school to which powers have been delegated by the Board in accordance with subsection (2) of section 10 of the Education Amendment Act 1924:
Provided that, where the Head Teacher of a public school or Maori school or the Principal of a technical school attends a meeting in accordance with the right conferred by this subsection, he shall not be entitled to be present at that meeting at any time when—
(a)
The meeting is deliberating on the course of action to be taken following the hearing of a complaint which has been made against the Head Teacher or Principal:
(b)
The matter under discussion is one in which the Head Teacher or Principal has a pecuniary interest.
(2)
The Principal of any secondary school, technical school, or combined school shall be entitled to be present at any meeting of the governing body of the school:
Provided that, where the Principal of a secondary school, technical school, or combined school attends a meeting in accordance with the right conferred by this subsection, he shall not be entitled to be present at that meeting at any time when—
(a)
The meeting is deliberating on the course of action to be taken following the hearing of a complaint which has been made against the Principal:
(b)
The matter under discussion is one in which the Principal has a pecuniary interest:
(c)
The governing body, being the governing body of some other school or schools, has matters relating to such school or schools solely under consideration.
8 Honoraria to Chairmen of Education Boards
(1)
The principal Act is hereby amended by repealing section 20a, as inserted by section 2 of the Education Amendment Act 1957, and substituting the following section—
“20a
(1)
Any Education Board may, if it thinks fit, pay to its Chairman by way of remuneration for his services a sum not exceeding in any year the amount which the Minister of Education, with the concurrence of the Minister of Finance, approves in that behalf:
“Provided that in no case shall the sum so approved exceed five hundred pounds in any year.
“(2)
Payments under this section may be made by monthly or other instalments as the Board thinks fit.”
(2)
Section 2 of the Education Amendment Act 1957 is hereby consequentially repealed.
9 Accounts of Education Boards
The principal Act is hereby amended by repealing section 38, and substituting the following section:
“38
(1)
Each Education Board shall keep full and true accounts in a form prescribed by regulations made under this Act, or (if a form is not for the time being so prescribed) in a form approved by the Minister, in which shall be entered every sum received into and paid out of the Board Fund in the order of date of each such receipt and payment, including all money received from rents, commissions, and profits derived from land and other property vested in the Board or under its control or management.
“(2)
Each Board shall cause its accounts for each year ending with the thirty-first day of January to be balanced, and a true statement and account to be prepared, in a form approved by the Minister showing—
“(a)
The income and expenditure of the Board for the year; and
“(b)
All assets and liabilities of the Board at the end of the year.
“(3)
For the purposes of the audit of its accounts each Board shall be deemed to be a local authority within the meaning of Part XII of the Public Revenues Act 1953.”
10 School Committees of normal schools
The principal Act is hereby amended by inserting, after section 41, the following section:
“41a
(1)
Notwithstanding anything in section 41 of this Act, in any case where a normal or practising school has been established consisting of a main school and model schools, and, immediately before the establishment of that school, the main and model schools were established as separate public schools with School Committees for their respective school districts, the Minister may require, for the purpose of the election of the School Committee for the school district of the normal or practising school, that the school district of that school shall be divided into wards corresponding to the former school districts of the main and model schools.
“(2)
The powers of the Minister under subsection (1) of this section shall be exercised only where the Education Board of the district makes application to him for the division of the school district of the normal or practising school into wards, and the Minister is of the opinion that special local circumstances warrant that course.
“(3)
Where, in accordance with the foregoing provisions of this section, the school district of a normal or practising school has been divided into wards, the Minister shall determine the number of members of the School Committee to be elected by each ward within the school district, but in no case shall the number of members to be elected for all wards exceed the number of members that may be elected for a School Committee in accordance with the provisions of section 41 of this Act.
“(4)
Except as otherwise provided in this section, the provisions of the Third Schedule to the principal Act shall apply with the appropriate modifications to the election of members of the School Committee for the school district of a normal or practising school.”
11 Appointment of teachers
(1)
Section 8 of the Education Amendment Act 1955 is hereby amended by omitting from the first proviso to subsection (3) the words “paragraph (c) or paragraph (d) of”
.
(2)
Section 8 of the Education Amendment Act 1955 is hereby further amended by repealing subsection (8), and substituting the following subsection:
“(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, having regard to the interests of the school and the claims of other teachers, decides that he shall be retained in the position, but no such decision to retain the teacher in the position shall be made by the Board until it has received the recommendation of the Appointments Committee. 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.”
12 Restriction upon further appointment of teachers within two years
Section 12 of the Statutes Amendment Act 1941 is hereby amended—
(a)
By omitting from subsection (2) the words “to apply for or”
:
(b)
By omitting from subsection (3) the words “apply for or”
.
13 Scheme for control of secondary school
Section 92 of the principal Act is hereby amended by adding to subsection (2) the words “The scheme may provide for the governing body to make bylaws and rules governing the matters provided for in this subsection.”
14 Determination of the engagement of a teacher
Section 151 of the principal Act is hereby amended by repealing the second proviso, and substituting the following proviso:
“Provided also that the determination by the Board of the engagement of any teacher on the ground that the teacher has reached the age of sixty-five years shall be deemed to be reasonable without regard to any other circumstances.”
15 Establishment of community centres
(1)
For the purpose of providing educational and cultural activities for persons resident in any locality, the Minister may establish a community centre either separately or in connection with any school.
(2)
The Minister may recognise any existing community centre for the purposes of this section.
(3)
The Minister may from time to time pay, out of money appropriated by Parliament for the purpose, such sum or sums as he approves towards the payment of the whole or part of the salaries of the staff of any community centre established or recognised under this section and of the expenses incurred in the conduct of any such community centre.
(4)
The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with this section, providing for the staffing and maintenance of community centres.
(5)
This section shall come into force on the first day of January, nineteen hundred and sixty-four.
16 Repeal
(1)
Section 6 of the Education Amendment Act 1915 (No. 2) is hereby repealed.
(2)
All regulations subsisting immediately before the commencement of this Act which depend for their validity upon the said section 6 shall continue in force, notwithstanding the repeal of that section, as if that section continued in force.
This Act is administered in the Department of Education.
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Versions
Education Amendment Act 1963
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