Education Act 1989

repealed
Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

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Reprint as at 1 August 2020

Education Act 1989

Public Act		1989 No 80
Date of assent		29 September 1989
Commencement		see section 1(2)

Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).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
	Part 1AA Early childhood and compulsory education: statement of National Education and Learning Priorities
1A	Minister may issue statement of National Education and Learning Priorities
	Part 1 Rights to primary and secondary education
2	Interpretation
2A	Transitional, savings, and related provisions
3	Right to free primary and secondary education
3A	Restriction on attendance at certain schools [Repealed]
4	Enrolment of international students
4A	Certain international students may enrol at State schools as of right
4B	Fees for international students
4C	Minister may exempt certain international students from payment of fees
4D	Boards to reimburse the Crown for expenditure in respect of international students
4E	Courses for international students
5	Restrictions on primary school enrolment
5A	Cohort entry policy
5B	Dates for starting school under cohort entry policy
5C	Adoption or revocation of cohort entry policy
5D	Publication of mid-term dates
6	Restrictions on enrolment at secondary school
7	Additional restrictions on enrolment at correspondence school
7A	Certain domestic students may be required to pay fees for tuition from correspondence schools
7B	Fees for evening classes, etc
8	Equal rights to primary and secondary education
9	Special education
10	Right of reconsideration
	Part 2 Enrolment schemes, and suspension, expulsion, and exclusion of students
11	Limitations on enrolment at certain primary schools [Repealed]
	Enrolment schemes
11A	Purpose and principles
11B	Interpretation
11C	Content of enrolment scheme
11D	Effect of home zone
11E	How a school defines its home zone
11F	How to select applicants who live outside home zone
11G	Instructions and guidelines on operation of enrolment schemes
11H	Process for developing and adopting enrolment scheme
11I	Proposed enrolment schemes to be approved by Secretary
11IA	Development of enrolment scheme by Secretary
11J	Information about school’s enrolment scheme
11K	Commencement of enrolment scheme
11L	End of enrolment scheme
11M	Amendment of enrolment scheme
11MA	Making minor amendments to enrolment schemes
11N	Pre-enrolment in schools with enrolment schemes
11O	Enrolment may be annulled if based on false information or temporary residence
11OA	Review of student’s enrolment
11P	Secretary may direct board to enrol applicant
11PA	Annual review of enrolment scheme
11PB	Enrolment schemes of certain State schools
11Q	Obligation to report to Parliament on enrolment schemes
12	Enrolment schemes for certain other schools [Repealed]
	Standing-down, suspension, exclusion, and expulsion of domestic students
13	Purpose
13A	Application of sections 14 to 18AA
14	Principal may stand-down or suspend students
15	Board’s powers when suspended student younger than 16
16	Secretary’s powers when excluded student younger than 16
17	Board’s powers when suspended student 16 or older
17A	Duties of principal when student stood-down or suspended
17B	Who may attend board meeting concerning suspensions
17C	Effect of suspension on school register
17D	Re-enrolment of excluded or expelled student
18	Notice requirements for stand-downs, suspensions, exclusions, and expulsions
18AA	Secretary may make rules
18A	Recommendation that student should attend particular school
19	Principal may preclude student for health reasons
	Part 3 Enrolment and attendance of students
20	New Zealand citizens and residents between 6 and 16 must be enrolled at registered school
21	Long term exemptions from enrolment
22	Secretary may exempt from enrolment
22A	Secretary may exempt from enrolment persons placed in residence or programme under Oranga Tamariki Act 1989
23	Effect of exemption
24	Penalty for failure to enrol
25	Students required to enrol must attend school
25A	Release from tuition on religious or cultural grounds
25AA	Release from tuition in specified parts of health curriculum
25B	Release from school
26	Exemption from attendance
27	Principal may exempt from attendance for short period
28	Secretary may require parents of certain children to enrol them at correspondence school
29	Penalty for irregular attendance
30	Employment of school-age children
31	Ensuring attendance of students
31A	Nature of secondary-tertiary programme
31B	Provider group for secondary-tertiary programme
31C	Secretary may enter into agreement with provider group
31D	Provider group plan for secondary-tertiary programme
31E	Report to Secretary by provider group
31F	Recognition as lead provider of secondary-tertiary programme
31G	Lead provider to co-ordinate secondary-tertiary programme
31H	Government policies or priorities
31I	Entry into secondary-tertiary programme
31J	Provider group or lead provider to notify student and parents about any school attendance requirement
31K	Withdrawal from secondary-tertiary programme
31L	International students and secondary-tertiary programmes
32	Hearings of proceedings may be private
33	Evidence of school roll, etc
34	Burden of proof on parents
35	Fines to be paid to board
	Registration of private schools
35A	Provisional and full registration of private schools
35AA	Suspensions and expulsions of students from private schools to be notified to Secretary [Repealed]
35B	Secretary may require application for registration of school
	Criteria for registration as private school
35C	Criteria for registration as private school
35D	Suitable premises
35E	Additional and substituted premises to be approved
35F	Tuition standards
35G	Managers to be fit and proper persons
	Statement of National Education and Learning Priorities
35GA	Manager must have regard to statement of National Education and Learning Priorities
	Managers to advise Secretary of private school ceasing operation
35H	Managers must advise Secretary of school ceasing operation
	Review of private schools registered under section 35A
35I	Review of schools registered under section 35A
	Actions by Secretary in regard to schools registered under section 35A
35J	Secretary’s actions in regard to schools registered under section 35A
35K	Suspension of registration if welfare of students may be at risk [Repealed]
35L	Duration of suspension
35M	Process for cancellation of registration
	Grants for private schools
35N	Grants for private schools
35O	Record-keeping in relation to grants to private schools
35P	Providing accounts to Secretary
	Suspensions and expulsions from private schools
35Q	Suspensions and expulsions of students from private schools to be notified to Secretary
	Offences in relation to private schools
35R	Offences in relation to operation of private schools
	Powers of entry and inspection
35S	Entry where private school suspected of being unregistered
	Part 4 Specialist Education Services Board [Repealed]
36	Interpretation [Repealed]
37	Board continued for purposes of this Part [Repealed]
38	Membership of Board [Repealed]
39	Function of Board [Repealed]
40	Board responsible to Minister [Repealed]
41	Powers of Board [Repealed]
	Part 5 Early Childhood Development Board [Repealed]
42	Interpretation [Repealed]
43	Board continued for purposes of this Part [Repealed]
44	Membership of Board [Repealed]
45	Function of Board [Repealed]
46	Board responsible to Minister [Repealed]
47	Powers of Board [Repealed]
	Part 6 Parent Advocacy Council [Repealed]
48	Interpretation [Repealed]
49	Parent Advocacy Council [Repealed]
50	Membership of Council [Repealed]
51	Criteria for appointing members [Repealed]
52	Function of Council [Repealed]
53	Council may refuse to act in certain cases [Repealed]
54	Powers of Council [Repealed]
55	Procedure where Council takes matter up [Repealed]
56	Council may decide not to proceed with matter [Repealed]
57	Council to give reasons [Repealed]
58	Procedure where matter deserves action [Repealed]
59	Power to obtain information [Repealed]
	Part 7 Control and management of State schools
60	Interpretation
	Curriculum and performance
60A	Curriculum statements and national performance measures
60B	Consultation about treatment of health curriculum
61	School charter
62	Procedural requirements of preparing or updating school charter
63	Effect of school charter
63A	When school charter or updated charter takes effect
63B	Board must make copies of school charter available
64	Effect of charter [Repealed]
64A	Secretary may require board to get specialist support [Repealed]
65	Staff [Repealed]
65A	Length of school year
65B	Terms
65C	Holidays
65D	Exceptions in particular cases
65DA	Multiple timetable arrangements
65E	Emergencies
65F	Application of provisions
65G	Minister to act by means of instructions
65H	Application of Crown Entities Act 2004 [Repealed]
66	Delegations [Repealed]
66A	No delegation of power to borrow [Repealed]
66B	Application of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules [Repealed]
67	Restrictions on borrowing [Repealed]
67A	Restrictions on giving of guarantees and indemnities [Repealed]
67B	Restrictions on use of derivatives [Repealed]
68	Gifts [Repealed]
69	Real property [Repealed]
70	Occupancy of property and buildings [Repealed]
70A	Minister may declare land to be no longer needed for educational purposes [Repealed]
70B	Leases and licences granted by boards [Repealed]
70C	Other agreements to occupy school land or buildings [Repealed]
71	Courses, work experience, and visits outside school premises
71A	Off-site locations for schools
	Land no longer needed for educational purposes
71B	Minister may declare land to be no longer needed for educational purposes
	Communities of learning
71C	Community of learning approved by Minister
72	Secretary may enter agreement with community of learning
73	Community of learning that has agreement with Secretary must also prepare plan
74	Report to Secretary by community of learning
75	Performance review of community of learning
	Powers and functions of principals
75A	Appointment of principals
76	Role of principal
77	Guidance and counselling
77A	Enrolment records
	Regulations
78	Regulations relating to control and management of schools
	Powers of entry and inspection
78A	Powers of entry and inspection
78B	Entry where private school suspected of being unregistered [Repealed]
	Police vetting of non-teaching staff
78C	Police vetting of non-teaching and unregistered employees at schools
78CA	Police vetting of contractors and their employees who work at schools
78CB	Police vet must be obtained before person has unsupervised access to students
78CC	Further Police vets to be obtained under this Part every 3 years
78CD	Procedures relating to Police vets
	Risk management schemes
78D	School risk management scheme
78E	School risk management scheme fees
78F	Regulations relating to school risk management scheme
78G	Former school risk management schemes
	Part 7A Interventions in schools
78H	Purpose of Part
78I	Application of interventions
78J	Requirement to provide information
78K	Specialist help
78L	Action plans
78LA	Case conference
78LB	Specialist audit
78LC	Performance notice
78LD	Appointment of additional trustee by Minister
78LE	Amendment and revocation of notices
78M	Limited statutory manager
78N	Dissolution of board and appointment of commissioner
78NA	No compensation for loss of office
78O	Commissioners
78P	Commissioner sets date for election of trustees
78Q	Protection of limited statutory managers and commissioners
78R	Annual review of interventions
78S	Application of interventions to State integrated schools
78T	Application of interventions to Kura Kaupapa Maori
	Part 8 Financial matters, assets, and property
79	Grants and supplementary grants for boards
79A	Discretionary grants for boards
79B	Minister may prescribe exemptions to mandatory condition
79C	Application of Legislation Act 2012
79D	Effect of non-compliance with earlier discretionary grants
80	No transfer between grants [Repealed]
81	Payment of teacher salaries from sources other than grants [Repealed]
81A	Grants for correspondence schools
81B	Management of financial management system [Repealed]
82	Annual financial statements [Repealed]
83	Responsibility for financial statements [Repealed]
84	Audit report on financial statements [Repealed]
85	Financial statements to be included in annual report [Repealed]
86	Financial year [Repealed]
87	Annual reports
87A	Audit
87AB	Annual report to be made available
87B	Report on performance of schools’ sector
87C	Annual financial statements of boards
88	Payment of travel costs and attendance fees
88A	Rent for teachers’ residences
89	Payroll service
90	Application of Public Finance Act 1989 [Repealed]
91	Transitional arrangements for payment of teacher salaries [Repealed]
	Part 8A Payment of teacher salaries, limitations on staffing, and powers of Secretary to employ teachers and create positions
91A	Interpretation
91B	Application
	Payment of salaries
91C	Salaries of teachers at certain schools to be paid by the Crown
91D	Agreements to move from central payment of teacher salaries [Repealed]
91E	Payment of salaries of certain teachers out of grants [Repealed]
91F	Restrictions on payment of salaries of regular teachers by boards of payrolled schools
91G	Payment of salaries of relieving teachers and employment-based trainee teachers
	Limitations on staffing
91H	Limitations on appointment and employment of regular teachers at payrolled schools
91I	Secretary may grant exemptions in individual cases
91J	Boards to comply with limitations
91K	Reduction in grants where limitations not complied with
91L	Staffing levels for 1992
	Application period may be extended
91M	Application period may be extended
	Powers of Secretary to employ teachers and create positions
91N	Power of Secretary to employ teachers
91O	Employment-based trainee teaching positions
	Part 9 School boards
92	Interpretation
	Requirement for board of trustees
93	State schools and special institutions to have boards of trustees
	Constitution of boards
94	Constitution of boards of State schools
94A	Proprietors of State integrated schools may vary number of trustees they appoint
94B	Boards may alter their own constitutions
94C	Limitations on co-option and appointment of trustees [Repealed]
95	Composition of boards of special institutions
96	Parent representatives
97	Staff and student representatives
98	Boards of newly established schools
98A	Minister may approve alternative constitution in certain cases
98B	Consequences of approval of alternative constitution
98C	Actions of boards not to be questioned for informality in membership
	Co-opted and appointed trustees
99	Criteria for selecting co-opted and appointed trustees
100	Limitations on co-option and appointment of trustees
	Elections of trustees
101	Elections of trustees
101A	Staggered elections for parent representatives
101AB	Election not to be held when school under notice of closure
101B	Consultation requirements for staggered elections of parent representatives
101C	Provisions relating to board with staggered election cycle where commissioner appointed
101D	Validation and invalidation of elections of boards
	Term of office of trustees
102	Term of office
	Eligibility to be trustee
103	Certain persons ineligible to be trustees
103A	Financial interests that disqualify persons from being trustees
103B	Requirements before appointment
	Casual vacancies on boards
104	When casual vacancies arise
105	Filling casual vacancies of elected trustees
105A	Minister may approve alternative constitution in certain cases [Repealed]
106	Commissioner may be appointed if board inactive or trustees too few [Repealed]
107	Minister may dissolve board for cause, and direct appointment of commissioner [Repealed]
108	Consultation with proprietors of integrated school [Repealed]
109	Commissioners [Repealed]
109A	Provisions relating to board with staggered election cycle where commissioner appointed [Repealed]
	Combining and splitting boards
110	Boards may combine
110A	Minister may combine boards at establishment
111	Restrictions on combining
112	Minister may split combined board
112A	Splitting boards that were combined at establishment
113	Property held in trust
114	Allocation of employees after combined board split
115	Transfer of assets of split combined board
116	Each school to be represented on combined board
116A	Appointment of principal of combined board [Repealed]
	Miscellaneous provisions
117	Other provisions applying to boards
118	Regulations about board elections
118A	Regulations about planning, implementation, monitoring, and reporting
119	Savings
	Part 10 Teacher registration [Repealed]
120	Interpretation [Repealed]
	Restrictions on appointment and employment of teaching staff [Repealed]
120A	Restrictions on appointment of teachers [Repealed]
120B	Restrictions on continued employment of teachers [Repealed]
120C	Restrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension [Repealed]
	Teacher registration [Repealed]
121	Applications for registration as teacher [Repealed]
122	Full registration [Repealed]
123	Provisional registration [Repealed]
124	Registration of experienced teachers [Repealed]
124A	Determining whether or not training satisfactory [Repealed]
124B	Determining good character and fitness to be teacher [Repealed]
125	Determining whether or not employment satisfactorily completed [Repealed]
126	Appeals from decisions of Teachers Council [Repealed]
127	Expiry of teacher registration [Repealed]
127A	Voluntary deregistration [Repealed]
128	Teachers Council to keep register [Repealed]
128A	Matching of register information and information about payment of teacher salaries at payrolled schools [Repealed]
129	Cancellation of registration as teacher and cancellation of limited authority to teach [Repealed]
129A	Reclassification of teacher’s registration [Repealed]
130	Practising certificates [Repealed]
	Limited authority to teach [Repealed]
130A	Purpose of limited authority to teach [Repealed]
130B	Limited authority to teach [Repealed]
130C	Determining character and likely teaching ability [Repealed]
130D	Appeals from decisions [Repealed]
130E	Period of authorisation [Repealed]
130F	Teachers Council to keep list [Repealed]
130G	Cancellation of authorisation [Repealed]
130H	Fees and costs [Repealed]
	Teacher Registration Board [Repealed]
131	Teacher Registration Board [Repealed]
132	Membership of Registration Board [Repealed]
133	Certain people ineligible to be members [Repealed]
134	Co-opted members [Repealed]
135	Powers of Registration Board [Repealed]
135A	Teachers Council may disclose certain information [Repealed]
136	Teachers Council may charge fees and impose costs [Repealed]
137	Offences [Repealed]
138	Council to notify cancellations [Repealed]
138A	Notification of convictions [Repealed]
138B	Notification by certain employers [Repealed]
139	Transitional provisions [Repealed]
	Part 10A New Zealand Teachers Council [Repealed]
139AA	Purpose of Part [Repealed]
139AB	Interpretation [Repealed]
	Teachers Council [Repealed]
139AC	New Zealand Teachers Council established [Repealed]
139AD	Composition of Teachers Council [Repealed]
139AE	Functions of Teachers Council [Repealed]
139AF	Powers of Teachers Council [Repealed]
139AG	Ministerial directions [Repealed]
139AH	Advisory groups [Repealed]
139AI	Code of ethics [Repealed]
139AJ	Teachers Council to make rules [Repealed]
139AJA	Delegations [Repealed]
139AJB	Chief executive [Repealed]
139AJC	Superannuation [Repealed]
	Mandatory reporting [Repealed]
139AK	Mandatory reporting of dismissals and resignations [Repealed]
139AL	Mandatory reporting of complaints received about former employees [Repealed]
139AM	Mandatory reporting of possible serious misconduct [Repealed]
139AN	Mandatory reporting of failure to reach required level of competence [Repealed]
139AO	Offence to fail to report [Repealed]
139AP	Mandatory reporting of convictions [Repealed]
	Disciplinary functions [Repealed]
139AQ	Disciplinary bodies [Repealed]
139AR	Complaints of misconduct [Repealed]
139AS	Complaints and reports relating to teacher conduct [Repealed]
139AT	Powers of Complaints Assessment Committee [Repealed]
139AU	Interim suspension until matter about or involving possible serious misconduct concluded [Repealed]
139AUA	Duration of interim suspension [Repealed]
139AV	Investigation by Complaints Assessment Committee of reports of convictions [Repealed]
139AW	Powers of Disciplinary Tribunal [Repealed]
139AX	Evidence at hearings [Repealed]
139AY	Powers of Disciplinary Tribunal in relation to witnesses [Repealed]
139AZ	Offences [Repealed]
139AZA	Privileges and immunities [Repealed]
139AZB	Appeals [Repealed]
	Review of competence [Repealed]
139AZC	Complaints about competence [Repealed]
139AZCA	Investigation of mandatory reports about competence [Repealed]
139AZCB	Powers of Teachers Council after finding required level of competence not attained [Repealed]
	Police vetting [Repealed]
139AZD	Teachers Council must co-ordinate Police vetting [Repealed]
	Part 11 Miscellaneous
139A	No corporal punishment in early childhood services or registered schools
139AB	No seclusion at or on behalf of registered school or early childhood service
139AC	Limits on use of physical restraint in schools
139AD	Rules on physical restraint
139AE	Guidelines on physical restraint
139AAA	Surrender and retention of property
139AAB	Searches of clothing and bags or other containers
139AAC	Restrictions on searches under section 139AAB
139AAD	Limitations on sections 139AAA and 139AAB
139AAE	Prohibitions on searches by contractors
139AAF	Refusal to reveal, produce, or surrender item
139AAG	Power to search storage containers not affected
139AAH	Rules about surrender and retention of property and searches
139AAI	Guidelines about surrender and retention of property and searches
139B	Building Act 2004
139C	Offence of insulting, abusing, or intimidating staff
139D	School transport
139E	Bonds for trainee teachers
140	Initial appointment of primary teachers [Repealed]
141	Consequential amendments to Private Schools Conditional Integration Act 1975 [Repealed]
142	Other consequential amendments, repeals, revocations, and savings
143	Education boards and secondary schools councils abolished
144	Department of Education abolished
144A	Secretary may require information for proper administration of Act
144B	Purpose of sections 144C to 144E
144C	Regulations about school hostels
144D	Inspection of hostels
144E	Authorised person for purpose of section 144D
	Part 12 Establishment of schools
145AAA	Purpose of Part
145	Interpretation
146	Minister may establish schools
146A	Single sex schools
147	Names of State schools
148	Normal schools, etc
149	Intermediate departments
150	Contributing schools
151	Provision of education at composite schools
152	Correspondence schools
153	Minister may change class of school
154	Closure of schools
154A	Minister may redesignate, or remove designation from, schools
155	Kura Kaupapa Maori
155A	Te Aho Matua
155B	Te kaitiaki o Te Aho Matua
155C	Application of section 155
155D	Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
155E	Acknowledgment of adoption of Te Aho Matua
155F	Protection of term Kura Kaupapa Maori
156	Designated character schools
156AA	Process for establishing designated character schools
156A	Minister may merge schools
156AB	Election or appointment of boards of continuing schools
156AC	Alternative constitutions for continuing schools
156B	Restrictions on mergers in certain cases
156C	Property held in trust
157	Consultations
157A	Community education forums
158	Provision by one board of tuition for students enrolled at school administered by another
	Part 12A Partnership schools kura hourua [Repealed]
158A	Interpretation [Repealed]
	Approval and operation of partnership schools kura hourua [Repealed]
158B	Minister may approve sponsors [Repealed]
158C	Minister must appoint advisory group [Repealed]
158D	Partnership school contracts [Repealed]
158E	Complaints [Repealed]
158F	Prohibitions on operation of partnership schools kura hourua [Repealed]
158G	Sponsor’s duties [Repealed]
158H	Sponsor to control management of partnership school kura hourua [Repealed]
158I	School rules [Repealed]
158J	Sponsor’s power to delegate [Repealed]
158K	Annual financial statements of partnership schools kura hourua [Repealed]
158L	Partnership school kura hourua may participate in school risk management scheme [Repealed]
158M	Intervention in partnership school kura hourua by Secretary [Repealed]
	Enrolment in partnership schools kura hourua [Repealed]
158N	Enrolment in partnership schools kura hourua [Repealed]
158O	Equal rights to primary and secondary education in partnership schools kura hourua [Repealed]
158P	Special education in partnership schools kura hourua [Repealed]
	Multiple timetable arrangements [Repealed]
158Q	Multiple timetable arrangements in partnership schools kura hourua [Repealed]
	Exclusions [Repealed]
158R	Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua [Repealed]
158S	Re-enrolment by partnership school kura hourua of student excluded or expelled [Repealed]
	Courses and visits [Repealed]
158T	Courses and visits outside partnership school kura hourua premises [Repealed]
	Application of Act to partnership schools kura hourua [Repealed]
158U	Application of this Act to partnership schools kura hourua [Repealed]
158V	Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua [Repealed]
	Application of other Acts to partnership schools kura hourua [Repealed]
158W	Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua [Repealed]
158X	Application of Privacy Act 1993 to partnership schools kura hourua [Repealed]
158Y	Official Information Act 1982 not to apply to partnership schools kura hourua [Repealed]
158Z	Application of State Sector Act 1988 to institutions sponsoring partnership schools kura hourua [Repealed]
158ZA	Application of Ombudsmen Act 1975 to institutions sponsoring partnership schools kura hourua [Repealed]
	Part 13 General provisions relating to tertiary education
159AAA	Object of provisions relating to tertiary education
159	Interpretation
159AA	Tertiary education strategy
159AB	Importance of tertiary education strategy
159AC	Revocation and replacement or amendment of tertiary education strategy
159AD	Roles within tertiary education sector
159AE	Ministry may hold and disseminate information
159AF	Secretary may delegate certain powers and functions to Commission
	Part 13A Tertiary Education Commission
	Preliminary provisions
159A	Purpose of Part
159ABA	Outline of framework for planning, funding, and monitoring in tertiary education sector
159B	Definition of organisation
	Establishment of Commission
159C	Establishment of Commission
159D	Composition of Commission
159E	Charging
	Functions of Commission
159F	Functions of Commission
159FA	Duties of Commission in relation to workforce development council
159FA	Offers of employment in equivalent positions for Careers New Zealand employees [Repealed]
159FB	Power of Commission to require information from workforce development council
159FB	Effect of offers on certain agreements and entitlements [Repealed]
159FC	Power of Commission to audit workforce development council
159FC	No compensation for technical redundancy of employees of Careers New Zealand [Repealed]
159FD	Repeal of sections 159FA to 159FD [Repealed]
159G	Principles guiding how Commission operates
159H	Minister may review performance of Commission [Repealed]
159I	Delegation of functions or powers of Minister
159J	Minister may direct Commission
159K	Application of Commerce Act 1986
159KA	Chief executive
159KB	Responsibilities of chief executive
159KBA	Monitoring and reporting function of chief executive in relation to institutions
159KBB	Additional requirement of NZIST’s council to provide information
159KC	Declaration of interests
159KD	Superannuation
159KE	Statement of intent
159KEA	Statement of performance expectations
159KF	Annual report
159KG	Certain powers must not be delegated
	Funding mechanisms
159L	Minister determines design of funding mechanisms
159M	Restrictions on design of funding mechanisms
159N	Funding mechanisms consistent with quality assurance principle
159O	Commission to implement funding mechanisms
159OA	Variation of determination of design of funding mechanisms
	Requirements for, and content of, proposed plans
159P	Requirements for proposed plans
159Q	Exemption from certain requirements for proposed plans
159R	Content of, and processes for submitting, proposed plans prescribed by Commission
159S	Commission may exempt organisation from complying with certain matters
	Submitting proposed plan
159T	Who must submit proposed plan
159U	Exemption from requirement to submit proposed plan
159V	Frequency of submitting proposed plans
159W	Submitting combined proposed plan
	Preparing and consulting on proposed plans
159X	Preparing and consulting on proposed plans
	Assessment of proposed plans and giving of funding approval
159Y	Criteria for assessing proposed plans
159YA	Commission’s assessment of proposed plans, giving of funding approval, and payment of funding
159YB	Commission may decline to assess proposed plan
159YC	Conditions on receiving funding under section 159YA
159YD	Accountability for funding received under section 159YA
	Expiry of funding approval
159YE	Expiry of funding approval
159YF	Effect of expiry of funding approval
	Suspension or revocation of funding given under section 159YA
159YG	Commission may suspend, revoke, or withdraw funding given under section 159YA
159YH	Extending suspension of funding
159YI	Effect of suspending, revoking, or withdrawing funding given under section 159YA
159YJ	Review of decision by delegate to suspend or revoke funding given under section 159YA
	Amending or replacing plans
159YK	Organisation may seek approval for significant amendment, or replacement, of plan
159YL	Effect of significant amendment or replacement of plan under section 159YK
159YM	Commission may make significant amendment to plan
159YN	Effect of significant amendment made to plan under section 159YM
	Plan summary
159YO	Summary of plans
159Z	Profiles must be publicly available [Repealed]
	Funding by Commission [Repealed]
159ZA	Minister must determine design of funding mechanisms [Repealed]
159ZB	Approval of profiles for funding purposes [Repealed]
	Funding under this Part other than via plans
159ZC	Funding other than via plans
159ZD	Conditions on funding received under section 159ZC
159ZE	Accountability for funding received under section 159ZC
159ZF	Commission may suspend, revoke, or withdraw funding given under section 159ZC
159ZG	Extending suspension of funding
159ZH	Review of decision made by delegate to suspend or revoke funding under section 159ZC
	Part 14 Establishment and disestablishment of tertiary institutions
160	Object
161	Academic freedom and institutional autonomy of institutions (other than NZIST)
162	Establishment of institutions
163	Constitution of institutions
164	Disestablishment of institutions
	Part 15 Administration of tertiary institutions
164A	Interpretation
	Councils
165	Institutions to be governed by councils
166	Incorporation
167	Common seal
167A	Method of contracting
	Constitution of councils
168	Constitutions of councils of existing institutions [Repealed]
169	Constitutions of councils of new institutions
170	Amendment of constitution
170A	Constitution to provide for membership of council
171	Membership of council
171A	Certain people disqualified from appointment
171B	Matters to be considered when appointing members
171C	Statutes relating to appointment of members by councils of institutions
171D	Limitations on number of occasions on which people may be appointed as members of councils
171E	Membership of more than 1 council
171F	Certain acts and proceedings not invalidated by defects
172	Transitional provisions relating to an institution’s first council [Repealed]
173	Term of office
174	Vacation of office
175	Disclosure of interest
176	Casual vacancies
176A	Individual duties of members of councils
176B	Accountability for individual duties
176C	Removal of members
176D	Process for removal
176E	Application of Local Authorities (Members’ Interests) Act 1968
177	Chairperson and deputy chairperson
178	Meetings of councils
179	Fees and allowances
	Functions and duties of councils
180	Functions of councils
181	Duties of councils
182	Determination of policy
183	Personal liability
	Charters [Repealed]
184	Each institution to have charter [Repealed]
184A	Interim arrangements for charters [Repealed]
185	Consultations [Repealed]
186	Consideration of proposed charter or amendment [Repealed]
187	Power of Minister to initiate amendment of charter [Repealed]
188	Approval of charter or amendment [Repealed]
189	What happens if institution has no charter [Repealed]
190	Mandatory requirements for charter [Repealed]
191	Charter to be available for inspection [Repealed]
	Profiles [Repealed]
191A	Each institution to have a profile [Repealed]
	Powers of institutions and councils
192	Powers of institutions
193	Powers of councils
194	Statutes
195	Trust property
	Institutions at risk
195A	Criteria for risk assessment of institutions (other than NZIST)
195B	Institutions to provide information if required
195C	Minister may appoint Crown observer
195D	Minister may dissolve council and appoint commissioner
195DA	Protection of commissioners
195E	Powers and functions of commissioner
195F	Minister to appoint advisory committee
195G	Review of operation of sections 195A to 195F
	Chief executive and staff
196	Duties of chief executive
197	Delegation by chief executive
198	Transitional provisions for employment of staff
	Bulk funding [Repealed]
199	Grants to institutions [Repealed]
	Finance
200	Bank accounts
201	Proper accounts to be kept
201A	How institutions may use income and capital
201B	Gifts
201C	Council may establish common fund
201D	Investment of funds held in common fund
201E	Income and capital of common fund
202	Application of money
203	Institutions are Crown entities
	Miscellaneous provisions
204	Transfer of assets and liabilities on commencement
205	Taxes and duties in relation to property of existing institutions
206	Transfer of Crown assets and liabilities to institutions
207	Provisions relating to transfer of land
208	Title to land
209	Land certification
210	Maori land claims
211	Registrar-General of Land to register necessary memorial
212	Resumption of land on recommendations of Waitangi Tribunal
213	Resumption of land to be effected under Public Works Act 1981
214	Resumption of Wahi Tapu
215	Orders in Council relating to transfer of assets and liabilities
216	Interpretation relating to transfer of assets and liabilities
217	Effect of disestablishment
218	Taxes and duties where disestablished institution incorporated into other institution
219	Taxes and duties in other cases
220	Annual report
220A	Minister may require related entities to prepare statements or reports
221	Annual report to be available for inspection
222	Delegation by council
	Part 15A New Zealand Institute of Skills and Technology
	Polytechnic councils [Repealed]
222AA	Constitution of polytechnic councils [Repealed]
222AB	Statutes relating to appointment of members by polytechnic councils [Repealed]
222AC	Membership of more than one polytechnic council [Repealed]
222AD	Matters to be considered when appointments made [Repealed]
222AE	Term of office [Repealed]
222AF	Reappointment and re-election [Repealed]
222AG	Chairperson and deputy chairperson [Repealed]
222AH	Duties of members of polytechnic councils [Repealed]
222AI	Accountability for individual duties [Repealed]
222AJ	Removal of members [Repealed]
222AK	Process for removal [Repealed]
	Combination of polytechnic councils [Repealed]
222AL	Voluntary combination of councils [Repealed]
222AM	Constitution of combined councils [Repealed]
222AN	Effect of combination [Repealed]
222AO	Dissolution of combined council [Repealed]
222AP	Effect of dissolution [Repealed]
222AQ	Initial membership of polytechnic councils after dissolution of combined council [Repealed]
	Combined academic boards [Repealed]
222AR	Polytechnic councils may establish combined academic boards [Repealed]
	Interventions [Repealed]
222A	NZIST established
222B	Functions of NZIST
222C	NZIST’s charter
222D	Minister may specify administrative regions for NZIST
222E	Academic freedom of NZIST
222F	NZIST must establish regional divisions
	NZIST’s council
222G	Membership of NZIST’s council
222H	Matters to be considered when Minister appoints members to NZIST’s council
222I	Chairperson and deputy chairperson
222J	Term of office
	Additional provisions applying to NZIST’s council and NZIST subsidiaries
222K	Determination of policy
222L	NZIST’s council must establish advisory committees
222M	Membership of advisory committees
222N	NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222O	NZIST subsidiary must obtain consent before exercising powers under section 192(4)
	Interventions
222P	Criteria for risk assessment of NZIST and related entities
222Q	NZIST or related entity must provide information if required
222R	Minister may appoint Crown observer
222S	Specialist help
222T	Performance improvement plan
222U	Minister may appoint Crown manager
222V	Protection of Crown manager
222W	Powers may be used concurrently
222X	Minister may dissolve NZIST’s council and appoint commissioner
222Y	NZIST’s council may request intervention
	Application of Crown Entities Act 2004 to NZIST’s council
222Z	Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
	Further provisions relating to NZIST subsidiaries
222ZA	Formation of NZIST subsidiaries
222ZB	Application of Schedule 23
	Part 16 Programmes and students
223	Programmes
224	Enrolment of students
225	Records relating to students
226	Secretary may require information
226A	Disclosure of enrolment information by institutions
226B	Offences concerning information requests
227	Fees for domestic students
227A	Ministerial direction to institutions relating to compulsory student services fees
228	Fees for international students
228A	Tertiary institutions to give prospective students information about fees
229	Fees payable to associations of students [Repealed]
	Part 16A Membership of associations of tertiary students
229A	Membership of students association voluntary
229B	Undue influence
229C	Complaints
229CA	Students association membership fees
229D	Sections 229A to 229CA apply to private training establishments
	Part 17 Education Review Office [Repealed]
230	Review of institutions [Repealed]
231	Powers of Chief Review Officer [Repealed]
	Part 18 Private training establishments
	Interpretation
232	Interpretation
	Recognition of community tertiary education provider
232AA	Minister may recognise community tertiary education provider
	Programmes and training schemes in which international students enrolled
232A	Requirements that private training establishments must comply with before enrolling international students
232B	Exemptions
232C	Requirement to be registered before providing approved programmes or training schemes
	Applications for registration
232D	Applications for registration of private training establishments
232E	Authority may verify identity of governing members of private training establishment
	Determination of application
233	Grant or refusal of application
233A	Criteria for determining whether governing member of private training establishment is fit and proper person
	Conditions and other requirements of registration
233B	Conditions of registration
233C	Annual fee
	Cancellation and lapse of registration
233D	Cancellation of registration
233E	Effect of cancellation
234	Lapse of registration
	Fees for domestic students
234A	Fees for domestic students and employers must not exceed maximums set in conditions of funding
	Information that must be given to prospective students
234B	Information that private training establishments must give prospective students
	Protection of student fees
234C	Interpretation
234D	Application of rules relating to student fee protection
234E	Student fees must be deposited with independent trustee
235	Refund entitlements of domestic students
235A	Refund entitlements of international students
235B	Refund requirements set by Gazette notice
235C	Rules apply if students withdraw because of programme or training scheme closure
235D	Ministerial direction to registered private training establishments relating to compulsory student services fees
	Information sharing with other government departments
235E	Private training establishment to notify immigration officer if student withdraws from programme or training scheme
235F	Disclosure of enrolment information by private training establishments
236	Offences concerning information requests
236AA	Conditions on registration [Repealed]
	Student records
236A	Duties of private training establishments to maintain student records
236AB	Refund requirements set by Gazette notice [Repealed]
236B	Establishment to notify immigration officer if student withdraws from course [Repealed]
236C	Fees for domestic students must not exceed maximums set in conditions of funding [Repealed]
237	Cancellation of registration [Repealed]
238	Notice [Repealed]
238A	Grants to private training establishments [Repealed]
238B	Disclosure of enrolment information by private training establishments [Repealed]
238C	Offences concerning information requests [Repealed]
	Part 18A Pastoral care of students
238D	Interpretation
	Enrolment of international students
238E	Signatory providers may enrol persons as international students
238EA	Obligation on provider to enrol person as international student [Repealed]
238F	Providers must enrol persons as international students in certain circumstances
238FA	Appointment of code administrator [Repealed]
238FB	Code administrator may issue compliance notices [Repealed]
238FC	Signatory providers to comply with compliance notices [Repealed]
	Pastoral care of domestic and international students
238G	Pastoral care codes of practice
238H	Code administrators
	Compliance
238I	Quality improvement notices
238J	Compliance notices
238K	Providers and signatory providers to comply with notices
238L	Sanctions for breach of code
	Dispute resolution
238M	Student contract dispute resolution scheme established
238N	Cap on amount to be paid
238O	District Court to enforce DRS
238P	Rules of student contract dispute resolution scheme
	Export education levy
238Q	Export education levy
238R	How export education levy may be applied
	Offences and penalties
238S	Offence relating to breach of code resulting in serious harm to or death of students
238T	Pecuniary penalty relating to breach of code
238U	Relationship between offences and penalties
	Part 19 Vice-Chancellors Committee
239	Definitions
240	Establishment of Committee
241	Functions of Committee
242	Powers of Committee
243	Devolution of certain property
244	Taxes and duties in relation to Vice-Chancellors Committee
245	General saving of statutes, etc, of University of New Zealand
	Part 20 New Zealand Qualifications Authority
	Interpretation
246	Interpretation
	Functions of Qualifications Authority
246A	Functions of Authority
247	Certain functions of Authority in relation to entrance to universities
	New Zealand Qualifications Framework
248	New Zealand Qualifications Framework
	Directory of Assessment Standards
248A	Directory of Assessment Standards
248B	Standard-setting bodies
	Approval of programmes
249	Approval of programmes
249A	Conditions on programme approvals
	Accreditation to provide approved programmes
250	Accreditation to provide approved programmes
250A	Conditions on accreditation
250B	Lapse of accreditation
250C	Withdrawal of accreditation
	Training schemes and consents to assess against standards
251	Application for training scheme approval
251A	Conditions of training scheme approval
251B	Withdrawal of training scheme approval
251C	Lapse of training scheme approval
	Consent to assess against standards
252	Consent to assess against standards
252A	Conditions
252B	When a consent expires or ceases to have effect
	Rules
253	Rules
	Functions and powers of Authority in relation to universities
253A	Exercise of certain powers of Authority by Vice-Chancellors Committee
	Granting of awards
253B	Powers of Authority in granting of awards
	Use of certain terms in name or description of registered establishment or wananga
253C	Minister may consent to use of certain terms in name or description of registered establishment or wananga
	Fees
254	Fees
	Enforcement powers of Authority
254A	Power to obtain information
254B	Chief executive [Repealed]
254C	Membership of Government Superannuation Fund [Repealed]
254D	Employees transferring from other government employment [Repealed]
254E	Taxation [Repealed]
255	Compliance notices
255A	Powers of entry and inspection
	Research
256	Research
	Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority
256A	Continuation of New Zealand Qualifications Authority
256B	Constitution
256C	Chief executive
256D	Delegation by Authority
256E	Membership of Government Superannuation Fund
256F	Child care allowances
256G	Taxation
257	Entrance to universities [Repealed]
258	Approval of courses [Repealed]
258A	Conditions on course approvals [Repealed]
259	Accreditation to provide approved courses [Repealed]
259A	Conditions on accreditation to provide approved courses [Repealed]
260	Exercise of certain powers of Authority [Repealed]
261	Only accredited institutions to provide approved courses [Repealed]
262	Notice [Repealed]
263	Awards for approved nationally recognised courses [Repealed]
264	Applications for consents by Authority [Repealed]
264A	Minister may consent to registered establishments using certain terms in their names [Repealed]
265	Examination and assessment [Repealed]
266	Fees [Repealed]
267	Saving of certain statutes, etc, of University of New Zealand [Repealed]
268	Powers of Minister [Repealed]
	Part 21 Education New Zealand
269	Education New Zealand established
269A	Interpretation
270	Functions
271	International education strategy
272	Membership of board of Education New Zealand
272A	Special advisers to the board
272B	International education stakeholder advisory committee
273	Chief executive
273A	Responsibilities of chief executive
273B	Superannuation
273C	Contents of documents [Repealed]
273D	Amendments to documents [Repealed]
273E	Revocation of documents [Repealed]
273F	Board to comply with document of accountability [Repealed]
273G	Non-compliance with document [Repealed]
273H	Minister may dismiss Board where non-compliance not rectified [Repealed]
273I	Minister to publish certain documents and directions [Repealed]
274	Application of Part 2 of Commerce Act 1986
274A	Transfer of Ministry employees to Education New Zealand
274B	No compensation for technical redundancy of employees of Education New Zealand Trust
275	Power of Secretary to obtain information [Repealed]
276	Powers of Board [Repealed]
277	Transitional provisions relating to Education and Training Support Agency [Repealed]
	Part 22 Careers New Zealand [Repealed]
278	Interpretation [Repealed]
279	Careers New Zealand is service for purposes of this Part [Repealed]
280	Functions of Service [Repealed]
281	Continuation of Board [Repealed]
282	Duties of Board [Repealed]
283	Charter of Service [Repealed]
283A	Minister may require Board to negotiate document of accountability [Repealed]
283B	Minister may prepare document where no agreement reached [Repealed]
283C	Contents of statement of intent [Repealed]
283D	Amendments to documents [Repealed]
283E	Revocation of documents [Repealed]
283F	Board to comply with document of accountability [Repealed]
283G	Non-compliance with document [Repealed]
283H	Minister may dismiss Board where non-compliance not rectified [Repealed]
283I	Minister to publish certain documents and directions [Repealed]
284	Communication of government policy to the Board [Repealed]
285	Power of Secretary to obtain information [Repealed]
286	Powers of Board [Repealed]
286A	Child care allowances [Repealed]
286B	Chief executive [Repealed]
286C	Membership of Government Superannuation Fund [Repealed]
286D	Employees transferring from Ministry and education boards [Repealed]
286E	Board may not delegate power to appoint general manager [Repealed]
286F	Delegations to general manager [Repealed]
286G	Taxation [Repealed]
	Part 23 Tertiary Research Board [Repealed]
287	Definitions [Repealed]
288	Establishment of Board [Repealed]
289	Constitution of Board [Repealed]
290	Functions of Board [Repealed]
291	Powers of Board [Repealed]
	Part 24 Miscellaneous provisions
292	Offences relating to use of certain terms
292A	Offences relating to false representations
292B	Liability of body corporate and directors in respect of false representations
292C	Offence to issue false qualifications and falsify records
292D	Offence to fail to comply with section 236A (student records)
292E	Offence to provide or advertise cheating services
292F	Offences relating to enrolment of international students and registration of private training establishments
292G	Offence to contravene requirements in section 234E relating to student fees
292H	Injunctions and orders of High Court
293	Transitional provisions consequential on repeal of Adult Education Act 1963
294	Taxes and duties in relation to property of former National Council of Adult Education
295	Transitional provisions consequential on repeal of Trades Certification Act 1966
296	Taxes and duties in relation to property of former New Zealand Trades Certification Board
297	Transitional provisions consequential on repeal of Universities Act 1961
298	Taxes and duties in relation to certain property of former University Grants Committee
299	Transitional provisions consequential on repeal of Vocational Awards Act 1979
299A	Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015 [Repealed]
299B	Transitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015
300	Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301	Regulations
301A	Change of names of education entities
	Part 25 Student allowances and administration of student loans
302	Interpretation
303	Student allowances
304	Student Allowance Appeal Authorities
304A	Other provisions relating to Student Allowance Appeal Authorities
304B	Appointment of temporary acting Authority
304C	Orderly and efficient operation
305	Appeals
306	Procedures to be prescribed
306AA	Practice notes
306AB	Online publication of information about procedures, time frames, and progress of decisions
306AC	Online publication of written decisions
306A	Disclosure of enrolment information by secondary schools
307	Recipients of allowances or student loans, and other persons, may be required to provide information
307AAA	Suspension or refusal for not providing information
307AA	Offences concerning allowances and student loans
307AB	Allowances identified by Gazette notice
307AC	Bonded scholarships
307A	Use of student allowance information for purposes of Social Security Act 2018
307B	Recovery of debts
307C	Ministry may carry out information matching of student loan information [Repealed]
307D	Details of academic performance
	Part 26 Early childhood education and care
	Interpretation
308	Overview
309	Interpretation
310	Meaning of early childhood education and care centre
	Funding
311	Funding of certain early childhood services and certificated playgroups
311A	Grants to licence-exempt centres [Repealed]
311B	Reporting requirements if grant paid to licence-exempt centre [Repealed]
312	Loans to licensed early childhood services
	Administration and curriculum
313	Administrative requirements
314	Curriculum framework
	Licensing and certification provisions
315	Service providers operating early childhood education and care centres to be licensed
315AA	Police vetting of contractors and their employees who work at early childhood services [Repealed]
315AB	Internal procedures relating to Police vets [Repealed]
315A	Payment of fees for attendance of children at kindergartens [Repealed]
316	Certain service providers may be licensed
317	Regulations relating to licensing
317A	Requirements for licensed home-based education and care service
318	Playgroups may be certificated
319	Regulations relating to certification of playgroups
319AA	Application of Legislation Act 2012 to certain material incorporated by reference
	Powers of entry and inspection
319A	Parent’s right of entry
319B	Powers of entry and inspection without warrant
319C	Powers of entry and inspection with warrant
	Police vetting of employees
319D	Police vetting of non-teaching and unregistered employees at licensed early childhood services
319E	Police vetting of contractors and their employees who work at licensed early childhood services
319F	Police vet must be obtained before person has unsupervised access to children
319FA	Procedures relating to Police vets under section 319D or 319E
	Police vetting of household members for home-based services
319FB	Police vetting of adult members of household where licensed home-based education and care service provided
319FC	When Police vet under section 319FB must be obtained
319FD	Procedures relating to Police vets under section 319FB
	Service provider to obtain further Police vets under this Part every 3 years
319FE	Further Police vets to be obtained every 3 years
	Miscellaneous
319G	Offence of insulting, abusing, or intimidating staff
319H	Offence of obstructing power of entry
319I	Payment of fees for attendance of children at kindergartens
319J	Centres situated on property owned by, or leased to, the Crown
	Transitional provisions
319K	Existing early childhood centres deemed to be licensed
319L	Existing chartered care arrangers deemed to be licensed
319M	Funding conditions during transitional period
319N	Existing regulations preserved
319O	Licence-exempt centres may continue
	Part 27 Recognition and funding of other services
320	Interpretation
321	Grants to educational bodies
322	Educational bodies to keep accounts
	Part 28 Review of educational services
323	Interpretation
324	Educational services to which this Part applies
325	Chief Review Officer to perform certain functions
326	Review officers
327	Powers of entry and inspection
328	Review officers to prove identity
	Provisions concerning students with enrolment exemption
328A	Functions of Chief Review Officer
328B	Review officers
328C	Powers of review officers for purposes of sections 328A to 328D
328D	Review officers to prove identity before acting under section 328C
	Provisions concerning hostels
328E	Functions of Chief Review Officer
328F	Review officers
328G	Powers of review officers for purposes of sections 328E to 328H
328H	Review officers to prove identity before acting under section 328G
	Part 29 Learning Media Limited [Repealed]
329	Interpretation [Repealed]
330	Incorporation of company [Repealed]
331	Principal objective of company [Repealed]
332	Crown shareholding [Repealed]
333	Application of Government Superannuation Fund Act 1956 [Repealed]
334	Application of Public Finance Act 1989 [Repealed]
335	Auditor [Repealed]
336	Application of Companies Act 1955 [Repealed]
337	Personnel policy [Repealed]
338	Equal employment opportunities programme [Repealed]
339	Consultation with State Services Commissioner [Repealed]
340	Existing rights, assets, liabilities, and debts [Repealed]
	Part 30 National student numbers
341	Purpose
342	Interpretation
343	Assigning national student numbers
344	Use of national student numbers
345	Person may use or disclose own national student number
346	Offences
347	Regulations
	Part 31 Teacher registration
348	Interpretation
	Restrictions on appointment and employment of teaching staff
349	Restrictions on appointment of teachers
350	Restrictions on continued employment of teachers
350A	Special provision for chief executive of correspondence school
351	Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
	Teacher registration
352	Applications for registration as teacher
353	Registration
354	Determining whether training satisfactory
355	Determining good character and fitness to be teacher
356	Appeals from decisions of Teaching Council
357	Cancellation of registration as teacher
358	Voluntary deregistration
359	Teaching Council to keep register of people registered as teachers
360	Matching of register information and information about payment of teacher salaries at payrolled schools
361	Practising certificates
362	Cancellation of practising certificate
363	Determining whether employment satisfactorily completed
364	Fees and costs for registration and practising certificates
	Limited authority to teach
365	Purpose of limited authority to teach
366	Limited authority to teach
367	Cancellation of limited authority to teach
368	Determining character or fitness to hold limited authority to teach
369	Appeals from decisions
370	Period of authorisation
371	Teaching Council to keep list of persons who have limited authority to teach
372	Fees and costs for granting limited authority to teach
	Miscellaneous provisions
373	Teaching Council may disclose certain information
374	Offences
375	Periods of registration before commencement of this section
	Part 32 Teaching Council
376	Purpose of Part
377	Purpose of Teaching Council
378	Interpretation
	Teaching Council
379	Continuation and renaming of Council
380	Composition of Teaching Council
380A	Term of office
380B	Removal of members
381	Duties of members of Teaching Council
382	Functions of Teaching Council
382A	Issue of statement of Government policy relating to Teaching Council’s functions
383	Powers of Teaching Council
384	Ministerial powers
385	Reports
386	Advisory boards
387	Code of conduct
388	Teaching Council to make rules
389	Delegations
390	Chief executive and employees
391	Superannuation
	Mandatory reporting
392	Mandatory reporting of dismissals and resignations
393	Mandatory reporting of complaints received about former employees
394	Mandatory reporting of possible serious misconduct
395	Mandatory reporting of failure to reach required level of competence
396	Offence of failing to report
397	Mandatory reporting of convictions
	Disciplinary functions
398	Disciplinary bodies
399	Complaints about conduct
400	Complaints and reports relating to teacher conduct
401	Powers of Complaints Assessment Committee
402	Interim suspension until matter about or involving possible serious misconduct concluded
403	Duration of interim suspension
404	Powers of Disciplinary Tribunal
405	Evidence at Disciplinary Tribunal hearings
406	Powers of Disciplinary Tribunal in relation to witnesses
407	Offences
408	Privileges and immunities
409	Appeals from decisions of disciplinary bodies
	Review of competence
410AA	Competence Authority
410	Complaints about competence
411	Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
412	Powers of Competence Authority after finding required level of competence not attained
412A	Appeals from decisions of Competence Authority
	Police vetting
413	Teaching Council must co-ordinate Police vetting
	Part 33 State integrated schools
414	Interpretation
415	Part to bind the Crown
	Conditional integration
416	Preservation of special character of State integrated schools
417	State integrated schools part of State system
	Procedure for establishing, disestablishing, merging, and closing State integrated schools
418	Application to negotiate integration
419	Applications relating to proposed schools
420	Negotiation of integration agreements
421	Integration agreements
422	Other matters that may be included in integration agreements
423	Integration agreements: machinery matters
424	Effective date of integration agreement
425	Notification of integration agreement
426	Minister may require information to be provided
427	Cancellation of integration agreement
428	Cancellation by Minister
429	Cancellation by proprietor
430	Cancellation by agreement between parties
431	Mergers
432	Closure of State integrated school
433	Notification of cancellation or of closing of State integrated school
434	Disposal of assets on cancellation of integration agreement or closing of State integrated school
435	Repayment of moneys advanced
436	Moneys to be paid into Crown Bank Account
437	Certain assets remain vested in proprietors
438	Restriction on cancellation of integration agreement or closure of State integrated schools
439	Compensation
	Administration
440	Administration of State integrated schools
	Enrolment, conditions of attendance, and instruction of students at State integrated schools
441	Free education
442	Preference of enrolment
443	Participation in general school programmes
444	Instruction of students
445	Religious observances and religious instruction
446	School transport assistance
447	Attendance dues
448	Withdrawal and reinstatement of right to charge attendance dues
449	Consequences of failure to pay attendance dues
450	Accounts for attendance dues
451	Financial contributions
452	Restrictions on fund-raising
453	Accounts of money raised under section 451
454	Fund-raising
455	Use of school office
	Proprietors of State integrated schools
456	Powers and responsibilities of proprietors
457	Decision-making criteria for proprietors
458	Consequences of failure to arrange insurance
459	Proprietors not to question curriculum or teaching methods
460	Leases of land
461	Assistance to proprietors
462	Proprietors unable to meet obligations
	Appointment and employment of teachers
463	Requirements in respect of appointments of teachers
464	Religious instruction: appointments to special positions relating to character of State integrated school
465	Effect of religious instruction requirements in advertisements
466	Restrictions on requirement for teacher to take part in religious instruction
467	Other special positions
468	Selection for appointment
469	Requirements in respect of appointments
470	Employment for special purposes
471	Appointment of teachers on integration
472	Other employees
473	No compensation for determination of employment
	General provisions
474	Grants to private schools before integration
475	Relationship between this Part and other Parts and other enactments
476	Regulations relating to State integrated schools
	Part 33A Directions relating to COVID-19
476A	Application and purpose of Part
476B	Interpretation
476C	Power for Secretary to direct institutions in relation to COVID-19 measures
476D	Effect of directions
476E	Publication and review of directions
476F	Academic freedom unaffected
	Part 34 Vocational education and training
477	Interpretation
478	Training agreements and apprenticeship training agreements part of employment agreement
	Subpart 1—Workforce development councils
479	Establishment of workforce development councils
480	Disestablishment of workforce development councils
481	Incorporation
482	Functions of workforce development councils
483	Workforce development council’s functions in relation to wananga
484	Workforce development council must not operate registered establishment
485	Duties of workforce development councils
486	Annual fee payable by workforce development council
487	Qualifications Authority may issue quality assurance improvement notice
488	Qualifications Authority may issue compliance notice
	Audit
489	Application of Public Audit Act 2001
	Validity of acts
490	Act in breach of statute invalid
491	Some natural person acts protected
	Subpart 2—Apprenticeships
492	Interpretation
493	Apprenticeship training activities must be included in proposed plan
494	Duties of persons carrying out apprenticeship training activities
495	Minister may issue apprenticeship training code
496	Availability of apprenticeship training code
497	Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
498	Application of Legislation Act 2012 to apprenticeship training code
	Subpart 3—Training levy
499	Interpretation
500	Purpose of levy
	Imposition of levy
501	Levy may be imposed by Order in Council
502	Restrictions on making of levy orders
503	Matters to be specified in levy orders
504	Purposes for which levy may be required
505	Levy order may require provision of information
506	Orders are confirmable instruments
507	Expiry of levy orders
	Ballots
508	Independent returning officer must conduct ballot
509	Workforce development council must identify potential members of levy group
510	Returning officer must notify potential members of levy group
511	Commission must resolve coverage disputes
512	Population to be balloted
513	Requirements of ballot papers
514	Returning officer must count votes
515	Returning officer must keep ballot papers, etc
	Collection of levy
516	Levy is payable by qualifying members to workforce development council
517	Certificate of exemption
518	Method of collecting levy
519	Levy order may provide for collection by agent
	Duties of workforce development councils and others in relation to levies
520	Levy funds must be kept in separate bank accounts and used only for authorised purposes
521	Duty to keep records
522	Duty to provide annual report
523	Duty to protect commercially sensitive information
	Disputes
524	Arbitration or mediation system must be established
525	Disputes about coverage
526	Appeals to District Court
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Administrative provisions applying to Board continued by section 37 [Repealed]
	Schedule 3 Administrative provisions applying to Board continued by section 43 [Repealed]
	Schedule 4 Administrative provisions applying to Parent Advocacy Council [Repealed]
	Schedule 5 Specified institutions
	Schedule 5A Application of Crown Entities Act 2004 to school boards of trustees
	Schedule 6 Boards of trustees
	Schedule 7 New Zealand Teachers Council and members [Repealed]
	Schedule 8 Consequential amendments to Private Schools Conditional Integration Act 1975
	Schedule 9 Consequential amendments to Education Act 1964
	Schedule 10 Other consequential amendments
	Schedule 11 Consequential repeals
	Schedule 12 Consequential revocations
	Schedule 13 Existing institutions
	Schedule 13A Application of Crown Entities Act 2004 to tertiary education institutions
	Schedule 14 Administrative provisions applying to Vice-Chancellors Committee
	Schedule 15 Administrative provisions applying to New Zealand Qualifications Authority [Repealed]
	Schedule 16 Administrative provisions applying to the Agency continued by section 270 [Repealed]
	Schedule 17 Administrative provisions applying to the Service continued by section 279 [Repealed]
	Schedule 18 Administrative provisions applying to Tertiary Research Board [Repealed]
	Schedule 19 Transitional and savings provisions relating to councils of tertiary institutions [Repealed]
	Schedule 20 Transitional and savings provisions relating to other matters
	Schedule 21 Governance provisions of Teaching Council
	Schedule 22 NZIST’s charter
	Schedule 23 Provisions applying on dissolution of NZIST subsidiary
	Schedule 24 Matters to be specified in levy orders
	Schedule 25 Further provisions of Act that apply and do not apply to NZIST subsidiaries
	Education Amendment Act (No 4) 1991
	Education Amendment Act (No 2) 1998
	Education Standards Act 2001
	Education (Tertiary Reform) Amendment Act 2002
	Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004
	Education (Tertiary Reforms) Amendment Act 2007
	Education (Polytechnics) Amendment Act 2009
	Education Amendment Act 2010
	Education Amendment Act (No 3) 2010
	Education Amendment Act 2011
	Education (Freedom of Association) Amendment Act 2011
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An Act to reform the administration of education

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Education Act 1989

Education Act 1989

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