Education Act 1964

repealed
Education Act 1964: repealed, on 1 August 2020, by section 669(3)(a) of the Education and Training Act 2020 (2020 No 38).

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Reprint as at 1 August 2020

Education Act 1964

Public Act		1964 No 135
Date of assent		4 December 1964
Commencement		see section 1(2)

Education Act 1964: repealed, on 1 August 2020, by section 669(3)(a) of the Education and Training Act 2020 (2020 No 38).

Note

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

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

This Act is administered by the Ministry of Education.

	Title
1	Short Title and commencement
2	Interpretation
	Part 1 Central administration [Repealed]
	Department of Education [Repealed]
3	Department of Education [Repealed]
4	Minister of Education [Repealed]
4A	Advisory and technical committees [Repealed]
5	Delegation of Minister’s powers [Repealed]
6	Director-General of Education [Repealed]
7	Appointment of other officers [Repealed]
8	Delegation of Director-General’s powers [Repealed]
8A	Director-General may appoint advisory and technical committees [Repealed]
9	Expenses of administration be appropriated by Parliament [Repealed]
9A	Payment of fees by private foreign students in certain cases [Repealed]
	Part 2 Local administration [Repealed]
	Education districts [Repealed]
10	Education districts [Repealed]
11	Education Districts Boundaries Commissioner [Repealed]
12	Constitution of new education districts [Repealed]
13	Alteration of boundaries of education districts [Repealed]
14	Division of districts into wards [Repealed]
	Education boards [Repealed]
15	Constitution of education boards [Repealed]
16	Appointment of Commission to act as education board of new district [Repealed]
17	Qualification of members of board [Repealed]
18	Disqualification of members of boards [Repealed]
19	Extraordinary vacancies on boards [Repealed]
20	Acts of board not to be questioned for informality, etc [Repealed]
21	Boards incorporated [Repealed]
22	Board employees [Repealed]
23	Meetings of boards [Repealed]
24	Annual allowances to chairmen of education boards [Repealed]
25	Refund of members’ travelling expenses [Repealed]
26	General powers and duties of board [Repealed]
27	Borrowing powers of education boards [Repealed]
28	Board may insure members and pay subscriptions to Education Boards’ Association [Repealed]
29	Board may establish special committees [Repealed]
	Accounts of boards [Repealed]
30	Board fund [Repealed]
31	Education Board Account [Repealed]
32	Board may establish imprest accounts [Repealed]
33	Procedure for payment by education boards of salaries and allowances to teachers [Repealed]
34	Disposal of funds of board [Repealed]
35	Accounts to be kept [Repealed]
36	Board to forward annual report to Minister [Repealed]
37	Unauthorised expenditure of education boards [Repealed]
	School committees [Repealed]
38	School districts [Repealed]
39	School committees [Repealed]
40	School committees of normal schools [Repealed]
41	Committees for intermediate schools [Repealed]
42	Qualification of members of school committees [Repealed]
43	Meetings of committees [Repealed]
44	Committee failing to meet to cease to exist [Repealed]
45	Appearance in legal proceedings [Repealed]
46	Committee to have management of schools, etc [Repealed]
47	School fund and property [Repealed]
48	Audit of committee’s accounts [Repealed]
49	Committee to forward annual report to board [Repealed]
49A	Board of studies [Repealed]
	Governing bodies of secondary schools [Repealed]
50	Governing bodies of certain secondary schools [Repealed]
51	Governing bodies of other secondary schools [Repealed]
51A	Teachers’ representatives on boards of governors [Repealed]
51B	Representatives of proprietors of integrated schools on controlling authorities [Repealed]
51C	Qualification of members of secondary school board [Repealed]
52	Appointment and election of members [Repealed]
53	Certain secondary schools not placed under separate boards of governors [Repealed]
54	Change in control of secondary schools to provide separate boards of governors [Repealed]
55	Vesting of assets on change in control [Repealed]
56	Governing bodies of secondary schools incorporated [Repealed]
57	Control of groups of secondary schools [Repealed]
57A	Minister may require secondary schools council to undertake control of secondary school [Repealed]
58	Control and management of district high schools [Repealed]
59	Control of secondary schools [Repealed]
60	Insurance of members of governing body and refund of members’ travelling expenses [Repealed]
60A	Remuneration and conditions of employment of staff of governing body [Repealed]
61	General powers of governing bodies of secondary schools [Repealed]
61A	Governing bodies of secondary schools may appoint special committees [Repealed]
62	General borrowing powers of governing bodies of secondary schools [Repealed]
63	Accounts and audit [Repealed]
64	Annual reports as to secondary schools [Repealed]
65	Grants to governing bodies of secondary schools [Repealed]
66	General expenses [Repealed]
67	Unauthorised expenditure of governing bodies of secondary schools [Repealed]
	Teachers college councils [Repealed]
67A	Interpretation of term council [Repealed]
67B	Teachers colleges to be controlled by councils [Repealed]
67C	Councils to be bodies corporate [Repealed]
67D	Transfer of control of teachers college from one council to another [Repealed]
67E	Membership of teachers college councils [Repealed]
67F	Incapacity for appointment [Repealed]
67G	Extraordinary vacancies on councils [Repealed]
67H	Terms of office of members [Repealed]
67I	Power of councils unaffected [Repealed]
67J	General powers of teachers college councils [Repealed]
67K	Certain councils may establish committees of members including representatives [Repealed]
67L	Councils may establish special committees [Repealed]
67M	General borrowing powers of councils [Repealed]
67N	Travelling allowances and expenses [Repealed]
67O	Keeping and auditing accounts [Repealed]
67P	Grants to councils of teachers colleges [Repealed]
67Q	Unauthorised expenditure of councils [Repealed]
67R	Fees payable to associations of students [Repealed]
67S	Regulations [Repealed]
67SA	Fees for domestic teachers college students [Repealed]
67T	Appeals against selection in certain cases [Repealed]
	Governing bodies of technical institutes [Repealed]
68	Governing bodies of certain technical institutes [Repealed]
69	Technical institutes and community colleges to be placed under boards of governors [Repealed]
69AA	Sections to apply to technical institutes and community colleges [Repealed]
69AB	Insurance of members of governing body of specialist institution and refund of members’ travelling expenses [Repealed]
69AC	General powers of governing bodies of specialist institutions [Repealed]
69AD	Governing bodies of specialist institutions may appoint special committees [Repealed]
69AE	Accounts and audit [Repealed]
69AF	Annual reports as to specialist institutions [Repealed]
69AG	Grants to governing bodies of specialist institutions [Repealed]
69AH	General expenses of specialist institutions [Repealed]
69AI	Unauthorised expenditure of governing bodies of specialist institutions [Repealed]
69AJ	Specialist institutions may provide closed courses [Repealed]
69AK	Specialist institutions may provide courses in other premises [Repealed]
69AL	Specialist institutions may award diplomas [Repealed]
69A	Fees payable to associations of students [Repealed]
69B	Accounting, payment, and other administrative services [Repealed]
	Part 3 Establishment of schools
	Pre-school education [Repealed]
70	Provision of pre-school education [Repealed]
70A	Loans for pre-school education [Repealed]
70B	Recognition of institutions providing pre-school education [Repealed]
70C	Family day care organisations [Repealed]
70D	Child care premises, etc [Repealed]
70E	Right of entry to child care premises [Repealed]
	Primary education
71	Schools for primary education [Repealed]
72	Normal schools and model schools [Repealed]
73	Intermediate schools and departments [Repealed]
74	Selection of contributing schools [Repealed]
75	Organisation and conduct of State primary schools and intermediate departments of secondary schools [Repealed]
76	Regulations [Repealed]
77	Teaching in State primary schools must be secular
78	Religious instruction and observances in State primary schools
78A
79	Attendance at religious instruction or observances not compulsory
80	Teachers may be freed from duties to take part in religious instruction or observances
81	Schools other than public schools not affected
	Secondary education [Repealed]
82	Saving of schools already established [Repealed]
83	Secondary schools [Repealed]
84	Courses of study in secondary schools [Repealed]
85	Free education in secondary schools [Repealed]
	Composite schools
86	Composite schools [Repealed]
87	Regulations relating to composite schools
88	Certain provisions to apply to composite schools [Repealed]
	Further education—technical and continuation
89	Saving of technical institutes already established
90	Establishment and disestablishment of technical institutes and community colleges [Repealed]
90A	Technical institutes may be declared to be community colleges [Repealed]
90B	Revesting land [Repealed]
90C	Correspondence school may be declared technical institute [Repealed]
90D	Functions of technical institutes and community colleges [Repealed]
91	Recognition of classes or courses in continuing education
92	Revocation of recognition of classes or courses
93	Free continuing education [Repealed]
94	Fees for continuing education for domestic students [Repealed]
95	Report on continuing education
96	Correspondence schools and classes for continuing education
96	Correspondence schools and classes for continuing education [Repealed]
96A	Senior Technical Divisions [Repealed]
97	Administration of continuing education [Repealed]
97A	Continuing education organisations
	Special education
98	Special schools and classes
99	Other special classes or services providing special education [Repealed]
100	Administration of special education [Repealed]
	Maori schools [Repealed]
101	Maori schools [Repealed]
102	Control of Maori schools [Repealed]
102A	Change of control of Maori school [Repealed]
	Chatham Islands schools [Repealed]
103	Chatham Islands schools [Repealed]
104	Management and control of Chatham Islands schools [Repealed]
	Correspondence schools [Repealed]
105	Correspondence schools and classes [Repealed]
	School camps [Repealed]
105A	School classes may be held at school camps [Repealed]
105B	Regulations relating to school camps [Repealed]
	Health education [Repealed]
105C	Parents to be consulted on treatment of health syllabus [Repealed]
105D	Parents and guardians may require students to be excluded from health education classes [Repealed]
	Teachers colleges [Repealed]
106	Establishment of teachers colleges [Repealed]
	Schools controlled by Director-General [Repealed]
106A	Schools controlled by Director-General [Repealed]
106B	Regulations for schools under control of Director-General [Repealed]
107	Regulations [Repealed]
	Education centres [Repealed]
107A	Establishment of education centres [Repealed]
107B	Centres to have controlling authorities [Repealed]
107C	General powers of education centre councils [Repealed]
	Part 4 Enrolment and attendance of pupils [Repealed]
	Enrolment and attendance [Repealed]
108	Children enrolled at State primary schools to be of school age [Repealed]
109	Every child between 6 and 15 years of age to be enrolled [Repealed]
110	Enrolment with correspondence school [Repealed]
111	Certificate of exemption from enrolment [Repealed]
112	Exemption from enrolment by Director-General [Repealed]
113	Ascertainment of suitability of education of certain children [Repealed]
114	Compulsory enrolment in special school, etc, of certain children [Repealed]
115	Director-General may in certain circumstances direct that a child be sent to special school, etc [Repealed]
116	Penalty for failure to enrol child [Repealed]
117	Every child required to be enrolled must attend school [Repealed]
117A	Work exploration schemes [Repealed]
118	Certificate of exemption from attendance [Repealed]
119	Director-General may require certain children exempted from attendance to enrol at correspondence school [Repealed]
120	Penalty for irregular attendance at school [Repealed]
121	Employment of children of school age [Repealed]
122	Parents not to permit employment of children of school age [Repealed]
123	Appointment of attendance officers [Repealed]
124	Hearing of proceedings [Repealed]
125	Evidence of school roll, etc [Repealed]
126	Onus of proof on parents [Repealed]
127	Fines to be paid into school or board funds [Repealed]
128	Maori and Chatham Islands schools [Repealed]
129	Limitations on enrolment at State primary schools [Repealed]
129A	Enrolment schemes for secondary schools [Repealed]
129B	Students to have access to reasonably convenient accommodation [Repealed]
129C	Terms and holidays [Repealed]
	Part 4A Suspension and expulsion of pupils [Repealed]
130	Suspension of pupils [Repealed]
130A	Notification of suspension [Repealed]
130B	Suspension for specified period [Repealed]
130C	Suspension of pupil under 15 for unspecified period [Repealed]
130D	Suspension of pupil over 15 for unspecified period [Repealed]
130DA	Attendance at other schools of suspended or expelled pupils [Repealed]
130E	Delegation of powers of boards and governing bodies [Repealed]
130F	Suspension or expulsion of pupils from private schools [Repealed]
	Part 5 Appointment and employment of teachers
	Registration of teachers [Repealed]
131	Teachers to be registered [Repealed]
132	Teachers Register [Repealed]
133	Publication of Register [Repealed]
134	Removal of certain names from Register [Repealed]
135	Cancellation of registration for misconduct [Repealed]
136	Notification of removal of name from Register [Repealed]
	Constitution of committees for primary appointments [Repealed]
137	Appointments committees [Repealed]
138	Central Advisory Committee [Repealed]
139	Extraordinary vacancies on committees [Repealed]
140	Deputies of members [Repealed]
141	Members’ travelling expenses [Repealed]
	Appointment of primary teachers [Repealed]
142	Appointments to positions [Repealed]
142A	Retraining of teachers [Repealed]
143	School committees to be notified of proposed appointments [Repealed]
	Primary Teachers Appointment Appeal Board [Repealed]
144	Primary Teachers Appointment Appeal Board [Repealed]
145	Provisional appointments [Repealed]
145A	Rights of appeal [Repealed]
146	Notices to teachers with right to appeal [Repealed]
147	Notices of appeal, jurisdiction, etc [Repealed]
	Appointment of secondary teachers and teachers in technical institutes [Repealed]
148	Governing body may appoint teachers or lecturers [Repealed]
	Appointment and employment of teachers: General
149	Teachers for special purposes [Repealed]
150	Married women as teachers [Repealed]
151	Restriction upon elegibility of teachers for appointment [Repealed]
152	Proposed transfers of secondary teachers and teachers at composite schools [Repealed]
152A	Proposed transfer of primary teachers [Repealed]
153	Payment of overgrade salaries, etc [Repealed]
154	Protection of teachers in certain cases [Repealed]
155	Duration of appointment of teacher [Repealed]
156	Interpretation [Repealed]
157	Disciplinary action where teacher charged with serious offence [Repealed]
158	Disciplinary offences [Repealed]
159	Steps to be taken where offence alleged [Repealed]
160	Notice of imposition of penalty [Repealed]
161	Appeals [Repealed]
161A	Procedure for alleged offences by certain teachers [Repealed]
162	Teachers to take oath of allegiance
163	Teachers not to engage in other employment in certain circumstances [Repealed]
164	Control of officers of Public Service engaged as teachers [Repealed]
164A	Teachers determinations [Repealed]
164B	Amending determinations [Repealed]
164C	Consolidating determinations [Repealed]
164D	Conciliation [Repealed]
164E	Extent of application of Industrial Conciliation and Arbitration Act 1954 [Repealed]
165	Salaries and conditions of employment of teachers [Repealed]
165AA	Appeals against selection in certain cases [Repealed]
165A	Accounting and payment services for teachers’ salaries [Repealed]
	Part 5A Short-term appointments at technical institutes, community colleges, and teachers colleges [Repealed]
165B	Governing bodies may make short-term appointments [Repealed]
	Part 5B Employees of education authorities [Repealed]
165C	Education authorities may appoint staff [Repealed]
165D	Regulations relating to appointment of staff by education authorities [Repealed]
	Part 6 Teachers incorporation and Court of Appeal [Repealed]
166	Interpretation [Repealed]
	Incorporation of societies of teachers [Repealed]
167	Applications for registration of societies [Repealed]
168	Registration and incorporation [Repealed]
169	Powers of incorporated societies [Repealed]
170	Rules of society [Repealed]
171	Effect of resignation of member [Repealed]
172	Returns by society [Repealed]
173	Restrictions on registration [Repealed]
	Appeals by teachers [Repealed]
174	Court of Appeal [Repealed]
175	Rights of appeal [Repealed]
176	Appearance of parties [Repealed]
177	When teachers deemed to be dismissed [Repealed]
178	Decision of court [Repealed]
179	Effect of decision in favour of appellant [Repealed]
180	Costs [Repealed]
181	Effect of non-attendance of members of court [Repealed]
182	Procedure on appeals [Repealed]
	Part 7 Inspection of schools [Repealed]
183	Inspection of schools [Repealed]
184	Inspection of technical institutes, teachers colleges, and community colleges [Repealed]
184A	Inspection of pre-school institutions [Repealed]
185	Schools to be open for inspection [Repealed]
185A	Inspection by the Director-General of school accounts [Repealed]
186	Registration and inspection of private schools [Repealed]
186A	Registration and inspection of courses of study at private colleges [Repealed]
	Part 8 General provisions
187	Exemptions from taxation
188	Exemptions from rating [Repealed]
189	Trustees of school may agree to place it under control of board [Repealed]
190	Vesting of assets of school placed under control of board [Repealed]
191	Controlling authority of a school or other educational institution may receive property for foundation of scholarships [Repealed]
192	Assistance to registered private schools [Repealed]
192A	Research [Repealed]
193	Bursaries, scholarships, etc [Repealed]
193AA	Tertiary Assistance Grants Appeal Authority [Repealed]
193AB	Procedure to be prescribed [Repealed]
193A	Guidance and counselling of pupils [Repealed]
193B	Forbidding attendance of pupil on grounds of want of cleanliness or suspicion of communicable disease [Repealed]
194	Temporary or permanent closing of schools and institutions in cases of emergency [Repealed]
195	Wilful disturbance of school [Repealed]
196	Certificates as to education [Repealed]
196A	School certificate examination [Repealed]
197	Bonds for entry to teaching [Repealed]
198	Right of head teachers and principals to attend meetings of school committees and school governing bodies [Repealed]
199	Occupation of teacher’s house [Repealed]
200	Teacher refusing to give up a teacher’s house on demand [Repealed]
201	Establishment of community centres [Repealed]
201A	Interpretation of sections 201B to 201D [Repealed]
201B	Transport assistance provided by Director-General [Repealed]
201C	Delegation by Director-General of his powers and functions in relation to school transport assistance [Repealed]
201D	Regulations for school transport assistance [Repealed]
201E	Giving notice [Repealed]
202	Annual report [Repealed]
203	Regulations [Repealed]
203A	Building Act 1991 [Repealed]
204	Repeals and amendment [Repealed]
	Schedule Enactments repealed [Repealed]
	Education Amendment Act (No 2) 1987
	Education Amendment Act 1989
	Education Amendment Act 1990
	Reprint notes

An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to the education of the people of New Zealand

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

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Education Act 1964

Education Act 1964

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