The Director-General shall from time to time, in respect of employees of the Education service within the meaning of the Government Service Tribunal Act 1965, make determinations, to be known as teachers determinations, prescribing classes or grades of teachers for the purpose of prescribing scales of salaries and allowances, and shall prescribe salary rates and allowances for those classes or grades not exceeding the amount for the time being prescribed by the Minister as the maximum amount that the Director-General may prescribe under this subsection, and may also prescribe the terms and conditions under which those salaries and allowances are payable, but not including any terms and conditions relating to the staffing of schools.

In prescribing salary rates or scales of salary rates in accordance with subsection (1) of this section, the Director-General shall have regard—

The power to prescribe the matters set out in subsections (1) and (2) of this section shall not derogate in any manner from any other powers conferred on the Director-General by any other section of this Act or of any other enactment.

Every teachers determination shall be published in the New Zealand Education Gazette, and shall come into force on a date to be specified therein in that behalf, which date may be before, the same as, or after the date on which the determination is made, and if no such date is specified the determination shall come into force on the day on which it is made.

At any time within two months, or such extended time as the Director-General may in any case notify in the New Zealand Education Gazette, after the date of the publication of any determination made by the Director-General under subsection (1) of this section, any such service organisation of which any member is affected may apply to the Government Service Tribunal for an order varying that determination:

“Provided that no such application may be made in respect of any salary rates which exceed the amount for the time being prescribed by Order in Council as the maximum salary within the jurisdiction of the Tribunal.

Any such service organisation of which any member is affected may apply to the Director-General for a review of any matter which may be prescribed in a determination made under subsection (1) of this section, other than salary rates which exceed the amount for the time being prescribed by Order in Council as the maximum salary within the jurisdiction of the Tribunal, at any time after the expiration of ten months from the date on which the teachers determination or teachers order issued by the Government Service Tribunal relating to that matter comes into force, and if no determination relating to that matter is issued within two months after the date of the lodgment of the application, the application may be forwarded to the Government Service Tribunal by the service organisation, and in that event shall be deemed to be an application under subsection (5) of this section for an order varying the determination or order for the time being governing the matter:

“Provided that, where the Director-General has made a determination following the application of a service organisation, the service organisation may apply to the Government Service Tribunal for an order in respect only of those parts (if any) of its application to which the determination of the Director-General has not given full effect.

Subject to the provisions of this Act, the Director-General may, at any time and from time to time during the currency of any teachers determination or teachers order, make determinations, to be known as amending determinations, for all or any of the following purposes:

At any time within two months (or such extended time as the Director-General may in any case notify in the New Zealand Education Gazette) after the date of the publication of the amending determination made under subsection (1) of this section, any such service organisation of which any member is affected may apply in writing to the Government Service Tribunal for an order varying the amending determination.

The Government Service Tribunal shall have jurisdiction to hear and determine any application made to it under subsection (2) of this section, and may make an order varying, confirming, or cancelling the amending determination. In arriving at its decision the Tribunal shall have regard to the matters specified in subsection (1) of this section in relation to the matters which may be taken into account in making amending determinations.

Without restricting the foregoing provisions of this section, it is hereby declared that, at any time within two months after the date of the publication of any teachers determination, the Director-General may make an amending determination cancelling or varying the previous determination.

Except as provided in this section, a teachers determination shall not be revoked until after the expiration of one year from the date on which it came into force.

Notwithstanding anything to the contrary in this Act, the Director-General may make determinations consolidating any existing teachers determinations or teachers orders or both:

“Provided that, where a consolidating determination is so made, all limitations of time applicable under this Act to the making of any teachers determination or teachers order, or to any matter ancillary thereto, shall apply to every provision of the consolidating determination in all respects as if the consolidating determination had not been made.

No teachers determination other than a determination arising out of an application by a service organisation within the meaning of the Government Service Tribunal Act 1965 under subsection (6) of section 164a of this Act (as inserted by section 8 of the Education Amendment Act 1965) shall be issued by the Director-General otherwise than as provided in this section.

Where the Director-General proposes to issue any such determination, he shall, before doing so, give to every such service organisation of which any member will be affected by the proposed determination notice of his intention to issue the determination, and the notice shall be accompanied by a copy of the proposed determination in draft form or shall otherwise fully indicate the purpose and effect thereof.

At any time within fourteen days after the date on which it receives notice of the intention to issue the determination as aforesaid, any such service organisation may advise the Director-General that it wishes to negotiate on the proposed determination, and shall indicate the grounds on which it objects to the proposed determination. Any service organisation giving advice to the Director-General that it wishes to negotiate on a proposed determination shall commence negotiations within fourteen days after the date on which the notice was given to the Director-General, and the determination to which objection has been raised shall not be issued until the negotiation has taken place.

If a service organisation does not advise the Director-General that it wishes to negotiate on a proposed determination, or if, having advised its intention to negotiate, it fails to commence negotiations within fourteen days after the date on which it gives the notice, or fails to pursue the negotiations with due diligence, the Director-General may proceed to issue the proposed determination.

At the request of any party to any matter or proceeding relating to a determination in respect of which an application has been made to the Government Service Tribunal under this Act, the Prime Minister shall appoint a conciliator whose duty it shall be to assist the service organisation and the Director-General to reach agreement on the subject-matter of the application.

Every such request for the appointment of a conciliator shall be lodged with the Prime Minister before any order arising out of the application and relating to the matters covered by the application is issued by the Tribunal.

The conciliator shall appoint a day and place for the conciliation proceedings, and shall, in the prescribed manner, direct the service organisation and the Director-General to attend.

Subject to the provisions of this Act and of any regulations made under this Act, the conciliation proceedings shall be conducted in such manner as the conciliator thinks fit.

At the conclusion of the proceedings, or when the conciliator is satisfied that further progress is unlikely, he shall—

Nothing in this section shall in any way affect the rights of any party in any application to or proceedings before the Tribunal in relation to the subject-matter of the conciliation.

Nothing in this section shall operate to restrict consultation or discussion at any time between the parties to any matter by agreement of the parties. No such consultation or discussion shall prevent or influence any formal proceedings or hearings under this Act, except as may be agreed upon by the parties.”