Education Act 1989

Before its repeal, this Act was administered by: Ministry of Education
  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

Reprint as at 1 August 2020

Coat of Arms of New Zealand

Education Act 1989

Public Act
1989 No 80
Date of assent
29 September 1989
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Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).


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.


1Short Title and commencement
1AMinister may issue statement of National Education and Learning Priorities
2ATransitional, savings, and related provisions
3Right to free primary and secondary education
3ARestriction on attendance at certain schools [Repealed]
4Enrolment of international students
4ACertain international students may enrol at State schools as of right
4BFees for international students
4CMinister may exempt certain international students from payment of fees
4DBoards to reimburse the Crown for expenditure in respect of international students
4ECourses for international students
5Restrictions on primary school enrolment
5ACohort entry policy
5BDates for starting school under cohort entry policy
5CAdoption or revocation of cohort entry policy
5DPublication of mid-term dates
6Restrictions on enrolment at secondary school
7Additional restrictions on enrolment at correspondence school
7ACertain domestic students may be required to pay fees for tuition from correspondence schools
7BFees for evening classes, etc
8Equal rights to primary and secondary education
9Special education
10Right of reconsideration
11Limitations on enrolment at certain primary schools [Repealed]
11APurpose and principles
11CContent of enrolment scheme
11DEffect of home zone
11EHow a school defines its home zone
11FHow to select applicants who live outside home zone
11GInstructions and guidelines on operation of enrolment schemes
11HProcess for developing and adopting enrolment scheme
11IProposed enrolment schemes to be approved by Secretary
11IADevelopment of enrolment scheme by Secretary
11JInformation about school’s enrolment scheme
11KCommencement of enrolment scheme
11LEnd of enrolment scheme
11MAmendment of enrolment scheme
11MAMaking minor amendments to enrolment schemes
11NPre-enrolment in schools with enrolment schemes
11OEnrolment may be annulled if based on false information or temporary residence
11OAReview of student’s enrolment
11PSecretary may direct board to enrol applicant
11PAAnnual review of enrolment scheme
11PBEnrolment schemes of certain State schools
11QObligation to report to Parliament on enrolment schemes
12Enrolment schemes for certain other schools [Repealed]
13AApplication of sections 14 to 18AA
14Principal may stand-down or suspend students
15Board’s powers when suspended student younger than 16
16Secretary’s powers when excluded student younger than 16
17Board’s powers when suspended student 16 or older
17ADuties of principal when student stood-down or suspended
17BWho may attend board meeting concerning suspensions
17CEffect of suspension on school register
17DRe-enrolment of excluded or expelled student
18Notice requirements for stand-downs, suspensions, exclusions, and expulsions
18AASecretary may make rules
18ARecommendation that student should attend particular school
19Principal may preclude student for health reasons
20New Zealand citizens and residents between 6 and 16 must be enrolled at registered school
21Long term exemptions from enrolment
22Secretary may exempt from enrolment
22ASecretary may exempt from enrolment persons placed in residence or programme under Oranga Tamariki Act 1989
23Effect of exemption
24Penalty for failure to enrol
25Students required to enrol must attend school
25ARelease from tuition on religious or cultural grounds
25AARelease from tuition in specified parts of health curriculum
25BRelease from school
26Exemption from attendance
27Principal may exempt from attendance for short period
28Secretary may require parents of certain children to enrol them at correspondence school
29Penalty for irregular attendance
30Employment of school-age children
31Ensuring attendance of students
31ANature of secondary-tertiary programme
31BProvider group for secondary-tertiary programme
31CSecretary may enter into agreement with provider group
31DProvider group plan for secondary-tertiary programme
31EReport to Secretary by provider group
31FRecognition as lead provider of secondary-tertiary programme
31GLead provider to co-ordinate secondary-tertiary programme
31HGovernment policies or priorities
31IEntry into secondary-tertiary programme
31JProvider group or lead provider to notify student and parents about any school attendance requirement
31KWithdrawal from secondary-tertiary programme
31LInternational students and secondary-tertiary programmes
32Hearings of proceedings may be private
33Evidence of school roll, etc
34Burden of proof on parents
35Fines to be paid to board
35AProvisional and full registration of private schools
35AASuspensions and expulsions of students from private schools to be notified to Secretary [Repealed]
35BSecretary may require application for registration of school
35CCriteria for registration as private school
35DSuitable premises
35EAdditional and substituted premises to be approved
35FTuition standards
35GManagers to be fit and proper persons
35GAManager must have regard to statement of National Education and Learning Priorities
35HManagers must advise Secretary of school ceasing operation
35IReview of schools registered under section 35A
35JSecretary’s actions in regard to schools registered under section 35A
35KSuspension of registration if welfare of students may be at risk [Repealed]
35LDuration of suspension
35MProcess for cancellation of registration
35NGrants for private schools
35ORecord-keeping in relation to grants to private schools
35PProviding accounts to Secretary
35QSuspensions and expulsions of students from private schools to be notified to Secretary
35ROffences in relation to operation of private schools
35SEntry where private school suspected of being unregistered
36Interpretation [Repealed]
37Board continued for purposes of this Part [Repealed]
38Membership of Board [Repealed]
39Function of Board [Repealed]
40Board responsible to Minister [Repealed]
41Powers of Board [Repealed]
42Interpretation [Repealed]
43Board continued for purposes of this Part [Repealed]
44Membership of Board [Repealed]
45Function of Board [Repealed]
46Board responsible to Minister [Repealed]
47Powers of Board [Repealed]
48Interpretation [Repealed]
49Parent Advocacy Council [Repealed]
50Membership of Council [Repealed]
51Criteria for appointing members [Repealed]
52Function of Council [Repealed]
53Council may refuse to act in certain cases [Repealed]
54Powers of Council [Repealed]
55Procedure where Council takes matter up [Repealed]
56Council may decide not to proceed with matter [Repealed]
57Council to give reasons [Repealed]
58Procedure where matter deserves action [Repealed]
59Power to obtain information [Repealed]
60ACurriculum statements and national performance measures
60BConsultation about treatment of health curriculum
61School charter
62Procedural requirements of preparing or updating school charter
63Effect of school charter
63AWhen school charter or updated charter takes effect
63BBoard must make copies of school charter available
64Effect of charter [Repealed]
64ASecretary may require board to get specialist support [Repealed]
65Staff [Repealed]
65ALength of school year
65DExceptions in particular cases
65DAMultiple timetable arrangements
65FApplication of provisions
65GMinister to act by means of instructions
65HApplication of Crown Entities Act 2004 [Repealed]
66Delegations [Repealed]
66ANo delegation of power to borrow [Repealed]
66BApplication of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules [Repealed]
67Restrictions on borrowing [Repealed]
67ARestrictions on giving of guarantees and indemnities [Repealed]
67BRestrictions on use of derivatives [Repealed]
68Gifts [Repealed]
69Real property [Repealed]
70Occupancy of property and buildings [Repealed]
70AMinister may declare land to be no longer needed for educational purposes [Repealed]
70BLeases and licences granted by boards [Repealed]
70COther agreements to occupy school land or buildings [Repealed]
71Courses, work experience, and visits outside school premises
71AOff-site locations for schools
71BMinister may declare land to be no longer needed for educational purposes
71CCommunity of learning approved by Minister
72Secretary may enter agreement with community of learning
73Community of learning that has agreement with Secretary must also prepare plan
74Report to Secretary by community of learning
75Performance review of community of learning
75AAppointment of principals
76Role of principal
77Guidance and counselling
77AEnrolment records
78Regulations relating to control and management of schools
78APowers of entry and inspection
78BEntry where private school suspected of being unregistered [Repealed]
78CPolice vetting of non-teaching and unregistered employees at schools
78CAPolice vetting of contractors and their employees who work at schools
78CBPolice vet must be obtained before person has unsupervised access to students
78CCFurther Police vets to be obtained under this Part every 3 years
78CDProcedures relating to Police vets
78DSchool risk management scheme
78ESchool risk management scheme fees
78FRegulations relating to school risk management scheme
78GFormer school risk management schemes
78HPurpose of Part
78IApplication of interventions
78JRequirement to provide information
78KSpecialist help
78LAction plans
78LACase conference
78LBSpecialist audit
78LCPerformance notice
78LDAppointment of additional trustee by Minister
78LEAmendment and revocation of notices
78MLimited statutory manager
78NDissolution of board and appointment of commissioner
78NANo compensation for loss of office
78PCommissioner sets date for election of trustees
78QProtection of limited statutory managers and commissioners
78RAnnual review of interventions
78SApplication of interventions to State integrated schools
78TApplication of interventions to Kura Kaupapa Maori
79Grants and supplementary grants for boards
79ADiscretionary grants for boards
79BMinister may prescribe exemptions to mandatory condition
79CApplication of Legislation Act 2012
79DEffect of non-compliance with earlier discretionary grants
80No transfer between grants [Repealed]
81Payment of teacher salaries from sources other than grants [Repealed]
81AGrants for correspondence schools
81BManagement of financial management system [Repealed]
82Annual financial statements [Repealed]
83Responsibility for financial statements [Repealed]
84Audit report on financial statements [Repealed]
85Financial statements to be included in annual report [Repealed]
86Financial year [Repealed]
87Annual reports
87ABAnnual report to be made available
87BReport on performance of schools’ sector
87CAnnual financial statements of boards
88Payment of travel costs and attendance fees
88ARent for teachers’ residences
89Payroll service
90Application of Public Finance Act 1989 [Repealed]
91Transitional arrangements for payment of teacher salaries [Repealed]
91CSalaries of teachers at certain schools to be paid by the Crown
91DAgreements to move from central payment of teacher salaries [Repealed]
91EPayment of salaries of certain teachers out of grants [Repealed]
91FRestrictions on payment of salaries of regular teachers by boards of payrolled schools
91GPayment of salaries of relieving teachers and employment-based trainee teachers
91HLimitations on appointment and employment of regular teachers at payrolled schools
91ISecretary may grant exemptions in individual cases
91JBoards to comply with limitations
91KReduction in grants where limitations not complied with
91LStaffing levels for 1992
91MApplication period may be extended
91NPower of Secretary to employ teachers
91OEmployment-based trainee teaching positions
93State schools and special institutions to have boards of trustees
94Constitution of boards of State schools
94AProprietors of State integrated schools may vary number of trustees they appoint
94BBoards may alter their own constitutions
94CLimitations on co-option and appointment of trustees [Repealed]
95Composition of boards of special institutions
96Parent representatives
97Staff and student representatives
98Boards of newly established schools
98AMinister may approve alternative constitution in certain cases
98BConsequences of approval of alternative constitution
98CActions of boards not to be questioned for informality in membership
99Criteria for selecting co-opted and appointed trustees
100Limitations on co-option and appointment of trustees
101Elections of trustees
101AStaggered elections for parent representatives
101ABElection not to be held when school under notice of closure
101BConsultation requirements for staggered elections of parent representatives
101CProvisions relating to board with staggered election cycle where commissioner appointed
101DValidation and invalidation of elections of boards
102Term of office
103Certain persons ineligible to be trustees
103AFinancial interests that disqualify persons from being trustees
103BRequirements before appointment
104When casual vacancies arise
105Filling casual vacancies of elected trustees
105AMinister may approve alternative constitution in certain cases [Repealed]
106Commissioner may be appointed if board inactive or trustees too few [Repealed]
107Minister may dissolve board for cause, and direct appointment of commissioner [Repealed]
108Consultation with proprietors of integrated school [Repealed]
109Commissioners [Repealed]
109AProvisions relating to board with staggered election cycle where commissioner appointed [Repealed]
110Boards may combine
110AMinister may combine boards at establishment
111Restrictions on combining
112Minister may split combined board
112ASplitting boards that were combined at establishment
113Property held in trust
114Allocation of employees after combined board split
115Transfer of assets of split combined board
116Each school to be represented on combined board
116AAppointment of principal of combined board [Repealed]
117Other provisions applying to boards
118Regulations about board elections
118ARegulations about planning, implementation, monitoring, and reporting
120Interpretation [Repealed]
120ARestrictions on appointment of teachers [Repealed]
120BRestrictions on continued employment of teachers [Repealed]
120CRestrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension [Repealed]
121Applications for registration as teacher [Repealed]
122Full registration [Repealed]
123Provisional registration [Repealed]
124Registration of experienced teachers [Repealed]
124ADetermining whether or not training satisfactory [Repealed]
124BDetermining good character and fitness to be teacher [Repealed]
125Determining whether or not employment satisfactorily completed [Repealed]
126Appeals from decisions of Teachers Council [Repealed]
127Expiry of teacher registration [Repealed]
127AVoluntary deregistration [Repealed]
128Teachers Council to keep register [Repealed]
128AMatching of register information and information about payment of teacher salaries at payrolled schools [Repealed]
129Cancellation of registration as teacher and cancellation of limited authority to teach [Repealed]
129AReclassification of teacher’s registration [Repealed]
130Practising certificates [Repealed]
130APurpose of limited authority to teach [Repealed]
130BLimited authority to teach [Repealed]
130CDetermining character and likely teaching ability [Repealed]
130DAppeals from decisions [Repealed]
130EPeriod of authorisation [Repealed]
130FTeachers Council to keep list [Repealed]
130GCancellation of authorisation [Repealed]
130HFees and costs [Repealed]
131Teacher Registration Board [Repealed]
132Membership of Registration Board [Repealed]
133Certain people ineligible to be members [Repealed]
134Co-opted members [Repealed]
135Powers of Registration Board [Repealed]
135ATeachers Council may disclose certain information [Repealed]
136Teachers Council may charge fees and impose costs [Repealed]
137Offences [Repealed]
138Council to notify cancellations [Repealed]
138ANotification of convictions [Repealed]
138BNotification by certain employers [Repealed]
139Transitional provisions [Repealed]
139AAPurpose of Part [Repealed]
139ABInterpretation [Repealed]
139ACNew Zealand Teachers Council established [Repealed]
139ADComposition of Teachers Council [Repealed]
139AEFunctions of Teachers Council [Repealed]
139AFPowers of Teachers Council [Repealed]
139AGMinisterial directions [Repealed]
139AHAdvisory groups [Repealed]
139AICode of ethics [Repealed]
139AJTeachers Council to make rules [Repealed]
139AJADelegations [Repealed]
139AJBChief executive [Repealed]
139AJCSuperannuation [Repealed]
139AKMandatory reporting of dismissals and resignations [Repealed]
139ALMandatory reporting of complaints received about former employees [Repealed]
139AMMandatory reporting of possible serious misconduct [Repealed]
139ANMandatory reporting of failure to reach required level of competence [Repealed]
139AOOffence to fail to report [Repealed]
139APMandatory reporting of convictions [Repealed]
139AQDisciplinary bodies [Repealed]
139ARComplaints of misconduct [Repealed]
139ASComplaints and reports relating to teacher conduct [Repealed]
139ATPowers of Complaints Assessment Committee [Repealed]
139AUInterim suspension until matter about or involving possible serious misconduct concluded [Repealed]
139AUADuration of interim suspension [Repealed]
139AVInvestigation by Complaints Assessment Committee of reports of convictions [Repealed]
139AWPowers of Disciplinary Tribunal [Repealed]
139AXEvidence at hearings [Repealed]
139AYPowers of Disciplinary Tribunal in relation to witnesses [Repealed]
139AZOffences [Repealed]
139AZAPrivileges and immunities [Repealed]
139AZBAppeals [Repealed]
139AZCComplaints about competence [Repealed]
139AZCAInvestigation of mandatory reports about competence [Repealed]
139AZCBPowers of Teachers Council after finding required level of competence not attained [Repealed]
139AZDTeachers Council must co-ordinate Police vetting [Repealed]
139ANo corporal punishment in early childhood services or registered schools
139ABNo seclusion at or on behalf of registered school or early childhood service
139ACLimits on use of physical restraint in schools
139ADRules on physical restraint
139AEGuidelines on physical restraint
139AAASurrender and retention of property
139AABSearches of clothing and bags or other containers
139AACRestrictions on searches under section 139AAB
139AADLimitations on sections 139AAA and 139AAB
139AAEProhibitions on searches by contractors
139AAFRefusal to reveal, produce, or surrender item
139AAGPower to search storage containers not affected
139AAHRules about surrender and retention of property and searches
139AAIGuidelines about surrender and retention of property and searches
139BBuilding Act 2004
139COffence of insulting, abusing, or intimidating staff
139DSchool transport
139EBonds for trainee teachers
140Initial appointment of primary teachers [Repealed]
141Consequential amendments to Private Schools Conditional Integration Act 1975 [Repealed]
142Other consequential amendments, repeals, revocations, and savings
143Education boards and secondary schools councils abolished
144Department of Education abolished
144ASecretary may require information for proper administration of Act
144BPurpose of sections 144C to 144E
144CRegulations about school hostels
144DInspection of hostels
144EAuthorised person for purpose of section 144D
145AAAPurpose of Part
146Minister may establish schools
146ASingle sex schools
147Names of State schools
148Normal schools, etc
149Intermediate departments
150Contributing schools
151Provision of education at composite schools
152Correspondence schools
153Minister may change class of school
154Closure of schools
154AMinister may redesignate, or remove designation from, schools
155Kura Kaupapa Maori
155ATe Aho Matua
155BTe kaitiaki o Te Aho Matua
155CApplication of section 155
155DProvisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
155EAcknowledgment of adoption of Te Aho Matua
155FProtection of term Kura Kaupapa Maori
156Designated character schools
156AAProcess for establishing designated character schools
156AMinister may merge schools
156ABElection or appointment of boards of continuing schools
156ACAlternative constitutions for continuing schools
156BRestrictions on mergers in certain cases
156CProperty held in trust
157ACommunity education forums
158Provision by one board of tuition for students enrolled at school administered by another
158AInterpretation [Repealed]
158BMinister may approve sponsors [Repealed]
158CMinister must appoint advisory group [Repealed]
158DPartnership school contracts [Repealed]
158EComplaints [Repealed]
158FProhibitions on operation of partnership schools kura hourua [Repealed]
158GSponsor’s duties [Repealed]
158HSponsor to control management of partnership school kura hourua [Repealed]
158ISchool rules [Repealed]
158JSponsor’s power to delegate [Repealed]
158KAnnual financial statements of partnership schools kura hourua [Repealed]
158LPartnership school kura hourua may participate in school risk management scheme [Repealed]
158MIntervention in partnership school kura hourua by Secretary [Repealed]
158NEnrolment in partnership schools kura hourua [Repealed]
158OEqual rights to primary and secondary education in partnership schools kura hourua [Repealed]
158PSpecial education in partnership schools kura hourua [Repealed]
158QMultiple timetable arrangements in partnership schools kura hourua [Repealed]
158RSecretary’s powers when student younger than 16 is excluded from partnership school kura hourua [Repealed]
158SRe-enrolment by partnership school kura hourua of student excluded or expelled [Repealed]
158TCourses and visits outside partnership school kura hourua premises [Repealed]
158UApplication of this Act to partnership schools kura hourua [Repealed]
158VApplication of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua [Repealed]
158WApplication of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua [Repealed]
158XApplication of Privacy Act 1993 to partnership schools kura hourua [Repealed]
158YOfficial Information Act 1982 not to apply to partnership schools kura hourua [Repealed]
158ZApplication of State Sector Act 1988 to institutions sponsoring partnership schools kura hourua [Repealed]
158ZAApplication of Ombudsmen Act 1975 to institutions sponsoring partnership schools kura hourua [Repealed]
159AAAObject of provisions relating to tertiary education
159AATertiary education strategy
159ABImportance of tertiary education strategy
159ACRevocation and replacement or amendment of tertiary education strategy
159ADRoles within tertiary education sector
159AEMinistry may hold and disseminate information
159AFSecretary may delegate certain powers and functions to Commission
159APurpose of Part
159ABAOutline of framework for planning, funding, and monitoring in tertiary education sector
159BDefinition of organisation
159CEstablishment of Commission
159DComposition of Commission
159FFunctions of Commission
159FADuties of Commission in relation to workforce development council
159FAOffers of employment in equivalent positions for Careers New Zealand employees [Repealed]
159FBPower of Commission to require information from workforce development council
159FBEffect of offers on certain agreements and entitlements [Repealed]
159FCPower of Commission to audit workforce development council
159FCNo compensation for technical redundancy of employees of Careers New Zealand [Repealed]
159FDRepeal of sections 159FA to 159FD [Repealed]
159GPrinciples guiding how Commission operates
159HMinister may review performance of Commission [Repealed]
159IDelegation of functions or powers of Minister
159JMinister may direct Commission
159KApplication of Commerce Act 1986
159KAChief executive
159KBResponsibilities of chief executive
159KBAMonitoring and reporting function of chief executive in relation to institutions
159KBBAdditional requirement of NZIST’s council to provide information
159KCDeclaration of interests
159KEStatement of intent
159KEAStatement of performance expectations
159KFAnnual report
159KGCertain powers must not be delegated
159LMinister determines design of funding mechanisms
159MRestrictions on design of funding mechanisms
159NFunding mechanisms consistent with quality assurance principle
159OCommission to implement funding mechanisms
159OAVariation of determination of design of funding mechanisms
159PRequirements for proposed plans
159QExemption from certain requirements for proposed plans
159RContent of, and processes for submitting, proposed plans prescribed by Commission
159SCommission may exempt organisation from complying with certain matters
159TWho must submit proposed plan
159UExemption from requirement to submit proposed plan
159VFrequency of submitting proposed plans
159WSubmitting combined proposed plan
159XPreparing and consulting on proposed plans
159YCriteria for assessing proposed plans
159YACommission’s assessment of proposed plans, giving of funding approval, and payment of funding
159YBCommission may decline to assess proposed plan
159YCConditions on receiving funding under section 159YA
159YDAccountability for funding received under section 159YA
159YEExpiry of funding approval
159YFEffect of expiry of funding approval
159YGCommission may suspend, revoke, or withdraw funding given under section 159YA
159YHExtending suspension of funding
159YIEffect of suspending, revoking, or withdrawing funding given under section 159YA
159YJReview of decision by delegate to suspend or revoke funding given under section 159YA
159YKOrganisation may seek approval for significant amendment, or replacement, of plan
159YLEffect of significant amendment or replacement of plan under section 159YK
159YMCommission may make significant amendment to plan
159YNEffect of significant amendment made to plan under section 159YM
159YOSummary of plans
159ZProfiles must be publicly available [Repealed]
159ZAMinister must determine design of funding mechanisms [Repealed]
159ZBApproval of profiles for funding purposes [Repealed]
159ZCFunding other than via plans
159ZDConditions on funding received under section 159ZC
159ZEAccountability for funding received under section 159ZC
159ZFCommission may suspend, revoke, or withdraw funding given under section 159ZC
159ZGExtending suspension of funding
159ZHReview of decision made by delegate to suspend or revoke funding under section 159ZC
161Academic freedom and institutional autonomy of institutions (other than NZIST)
162Establishment of institutions
163Constitution of institutions
164Disestablishment of institutions
165Institutions to be governed by councils
167Common seal
167AMethod of contracting
168Constitutions of councils of existing institutions [Repealed]
169Constitutions of councils of new institutions
170Amendment of constitution
170AConstitution to provide for membership of council
171Membership of council
171ACertain people disqualified from appointment
171BMatters to be considered when appointing members
171CStatutes relating to appointment of members by councils of institutions
171DLimitations on number of occasions on which people may be appointed as members of councils
171EMembership of more than 1 council
171FCertain acts and proceedings not invalidated by defects
172Transitional provisions relating to an institution’s first council [Repealed]
173Term of office
174Vacation of office
175Disclosure of interest
176Casual vacancies
176AIndividual duties of members of councils
176BAccountability for individual duties
176CRemoval of members
176DProcess for removal
176EApplication of Local Authorities (Members’ Interests) Act 1968
177Chairperson and deputy chairperson
178Meetings of councils
179Fees and allowances
180Functions of councils
181Duties of councils
182Determination of policy
183Personal liability
184Each institution to have charter [Repealed]
184AInterim arrangements for charters [Repealed]
185Consultations [Repealed]
186Consideration of proposed charter or amendment [Repealed]
187Power of Minister to initiate amendment of charter [Repealed]
188Approval of charter or amendment [Repealed]
189What happens if institution has no charter [Repealed]
190Mandatory requirements for charter [Repealed]
191Charter to be available for inspection [Repealed]
191AEach institution to have a profile [Repealed]
192Powers of institutions
193Powers of councils
195Trust property
195ACriteria for risk assessment of institutions (other than NZIST)
195BInstitutions to provide information if required
195CMinister may appoint Crown observer
195DMinister may dissolve council and appoint commissioner
195DAProtection of commissioners
195EPowers and functions of commissioner
195FMinister to appoint advisory committee
195GReview of operation of sections 195A to 195F
196Duties of chief executive
197Delegation by chief executive
198Transitional provisions for employment of staff
199Grants to institutions [Repealed]
200Bank accounts
201Proper accounts to be kept
201AHow institutions may use income and capital
201CCouncil may establish common fund
201DInvestment of funds held in common fund
201EIncome and capital of common fund
202Application of money
203Institutions are Crown entities
204Transfer of assets and liabilities on commencement
205Taxes and duties in relation to property of existing institutions
206Transfer of Crown assets and liabilities to institutions
207Provisions relating to transfer of land
208Title to land
209Land certification
210Maori land claims
211Registrar-General of Land to register necessary memorial
212Resumption of land on recommendations of Waitangi Tribunal
213Resumption of land to be effected under Public Works Act 1981
214Resumption of Wahi Tapu
215Orders in Council relating to transfer of assets and liabilities
216Interpretation relating to transfer of assets and liabilities
217Effect of disestablishment
218Taxes and duties where disestablished institution incorporated into other institution
219Taxes and duties in other cases
220Annual report
220AMinister may require related entities to prepare statements or reports
221Annual report to be available for inspection
222Delegation by council
222AAConstitution of polytechnic councils [Repealed]
222ABStatutes relating to appointment of members by polytechnic councils [Repealed]
222ACMembership of more than one polytechnic council [Repealed]
222ADMatters to be considered when appointments made [Repealed]
222AETerm of office [Repealed]
222AFReappointment and re-election [Repealed]
222AGChairperson and deputy chairperson [Repealed]
222AHDuties of members of polytechnic councils [Repealed]
222AIAccountability for individual duties [Repealed]
222AJRemoval of members [Repealed]
222AKProcess for removal [Repealed]
222ALVoluntary combination of councils [Repealed]
222AMConstitution of combined councils [Repealed]
222ANEffect of combination [Repealed]
222AODissolution of combined council [Repealed]
222APEffect of dissolution [Repealed]
222AQInitial membership of polytechnic councils after dissolution of combined council [Repealed]
222ARPolytechnic councils may establish combined academic boards [Repealed]
222ANZIST established
222BFunctions of NZIST
222CNZIST’s charter
222DMinister may specify administrative regions for NZIST
222EAcademic freedom of NZIST
222FNZIST must establish regional divisions
222GMembership of NZIST’s council
222HMatters to be considered when Minister appoints members to NZIST’s council
222IChairperson and deputy chairperson
222JTerm of office
222KDetermination of policy
222LNZIST’s council must establish advisory committees
222MMembership of advisory committees
222NNZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222ONZIST subsidiary must obtain consent before exercising powers under section 192(4)
222PCriteria for risk assessment of NZIST and related entities
222QNZIST or related entity must provide information if required
222RMinister may appoint Crown observer
222SSpecialist help
222TPerformance improvement plan
222UMinister may appoint Crown manager
222VProtection of Crown manager
222WPowers may be used concurrently
222XMinister may dissolve NZIST’s council and appoint commissioner
222YNZIST’s council may request intervention
222ZAdditional provisions of Crown Entities Act 2004 that apply to NZIST’s council
222ZAFormation of NZIST subsidiaries
222ZBApplication of Schedule 23
224Enrolment of students
225Records relating to students
226Secretary may require information
226ADisclosure of enrolment information by institutions
226BOffences concerning information requests
227Fees for domestic students
227AMinisterial direction to institutions relating to compulsory student services fees
228Fees for international students
228ATertiary institutions to give prospective students information about fees
229Fees payable to associations of students [Repealed]
229AMembership of students association voluntary
229BUndue influence
229CAStudents association membership fees
229DSections 229A to 229CA apply to private training establishments
230Review of institutions [Repealed]
231Powers of Chief Review Officer [Repealed]
232AAMinister may recognise community tertiary education provider
232ARequirements that private training establishments must comply with before enrolling international students
232CRequirement to be registered before providing approved programmes or training schemes
232DApplications for registration of private training establishments
232EAuthority may verify identity of governing members of private training establishment
233Grant or refusal of application
233ACriteria for determining whether governing member of private training establishment is fit and proper person
233BConditions of registration
233CAnnual fee
233DCancellation of registration
233EEffect of cancellation
234Lapse of registration
234AFees for domestic students and employers must not exceed maximums set in conditions of funding
234BInformation that private training establishments must give prospective students
234DApplication of rules relating to student fee protection
234EStudent fees must be deposited with independent trustee
235Refund entitlements of domestic students
235ARefund entitlements of international students
235BRefund requirements set by Gazette notice
235CRules apply if students withdraw because of programme or training scheme closure
235DMinisterial direction to registered private training establishments relating to compulsory student services fees
235EPrivate training establishment to notify immigration officer if student withdraws from programme or training scheme
235FDisclosure of enrolment information by private training establishments
236Offences concerning information requests
236AAConditions on registration [Repealed]
236ADuties of private training establishments to maintain student records
236ABRefund requirements set by Gazette notice [Repealed]
236BEstablishment to notify immigration officer if student withdraws from course [Repealed]
236CFees for domestic students must not exceed maximums set in conditions of funding [Repealed]
237Cancellation of registration [Repealed]
238Notice [Repealed]
238AGrants to private training establishments [Repealed]
238BDisclosure of enrolment information by private training establishments [Repealed]
238COffences concerning information requests [Repealed]
238ESignatory providers may enrol persons as international students
238EAObligation on provider to enrol person as international student [Repealed]
238FProviders must enrol persons as international students in certain circumstances
238FAAppointment of code administrator [Repealed]
238FBCode administrator may issue compliance notices [Repealed]
238FCSignatory providers to comply with compliance notices [Repealed]
238GPastoral care codes of practice
238HCode administrators
238IQuality improvement notices
238JCompliance notices
238KProviders and signatory providers to comply with notices
238LSanctions for breach of code
238MStudent contract dispute resolution scheme established
238NCap on amount to be paid
238ODistrict Court to enforce DRS
238PRules of student contract dispute resolution scheme
238QExport education levy
238RHow export education levy may be applied
238SOffence relating to breach of code resulting in serious harm to or death of students
238TPecuniary penalty relating to breach of code
238URelationship between offences and penalties
240Establishment of Committee
241Functions of Committee
242Powers of Committee
243Devolution of certain property
244Taxes and duties in relation to Vice-Chancellors Committee
245General saving of statutes, etc, of University of New Zealand
246AFunctions of Authority
247Certain functions of Authority in relation to entrance to universities
248New Zealand Qualifications Framework
248ADirectory of Assessment Standards
248BStandard-setting bodies
249Approval of programmes
249AConditions on programme approvals
250Accreditation to provide approved programmes
250AConditions on accreditation
250BLapse of accreditation
250CWithdrawal of accreditation
251Application for training scheme approval
251AConditions of training scheme approval
251BWithdrawal of training scheme approval
251CLapse of training scheme approval
252Consent to assess against standards
252BWhen a consent expires or ceases to have effect
253AExercise of certain powers of Authority by Vice-Chancellors Committee
253BPowers of Authority in granting of awards
253CMinister may consent to use of certain terms in name or description of registered establishment or wananga
254APower to obtain information
254BChief executive [Repealed]
254CMembership of Government Superannuation Fund [Repealed]
254DEmployees transferring from other government employment [Repealed]
254ETaxation [Repealed]
255Compliance notices
255APowers of entry and inspection
256AContinuation of New Zealand Qualifications Authority
256CChief executive
256DDelegation by Authority
256EMembership of Government Superannuation Fund
256FChild care allowances
257Entrance to universities [Repealed]
258Approval of courses [Repealed]
258AConditions on course approvals [Repealed]
259Accreditation to provide approved courses [Repealed]
259AConditions on accreditation to provide approved courses [Repealed]
260Exercise of certain powers of Authority [Repealed]
261Only accredited institutions to provide approved courses [Repealed]
262Notice [Repealed]
263Awards for approved nationally recognised courses [Repealed]
264Applications for consents by Authority [Repealed]
264AMinister may consent to registered establishments using certain terms in their names [Repealed]
265Examination and assessment [Repealed]
266Fees [Repealed]
267Saving of certain statutes, etc, of University of New Zealand [Repealed]
268Powers of Minister [Repealed]
269Education New Zealand established
271International education strategy
272Membership of board of Education New Zealand
272ASpecial advisers to the board
272BInternational education stakeholder advisory committee
273Chief executive
273AResponsibilities of chief executive
273CContents of documents [Repealed]
273DAmendments to documents [Repealed]
273ERevocation of documents [Repealed]
273FBoard to comply with document of accountability [Repealed]
273GNon-compliance with document [Repealed]
273HMinister may dismiss Board where non-compliance not rectified [Repealed]
273IMinister to publish certain documents and directions [Repealed]
274Application of Part 2 of Commerce Act 1986
274ATransfer of Ministry employees to Education New Zealand
274BNo compensation for technical redundancy of employees of Education New Zealand Trust
275Power of Secretary to obtain information [Repealed]
276Powers of Board [Repealed]
277Transitional provisions relating to Education and Training Support Agency [Repealed]
278Interpretation [Repealed]
279Careers New Zealand is service for purposes of this Part [Repealed]
280Functions of Service [Repealed]
281Continuation of Board [Repealed]
282Duties of Board [Repealed]
283Charter of Service [Repealed]
283AMinister may require Board to negotiate document of accountability [Repealed]
283BMinister may prepare document where no agreement reached [Repealed]
283CContents of statement of intent [Repealed]
283DAmendments to documents [Repealed]
283ERevocation of documents [Repealed]
283FBoard to comply with document of accountability [Repealed]
283GNon-compliance with document [Repealed]
283HMinister may dismiss Board where non-compliance not rectified [Repealed]
283IMinister to publish certain documents and directions [Repealed]
284Communication of government policy to the Board [Repealed]
285Power of Secretary to obtain information [Repealed]
286Powers of Board [Repealed]
286AChild care allowances [Repealed]
286BChief executive [Repealed]
286CMembership of Government Superannuation Fund [Repealed]
286DEmployees transferring from Ministry and education boards [Repealed]
286EBoard may not delegate power to appoint general manager [Repealed]
286FDelegations to general manager [Repealed]
286GTaxation [Repealed]
287Definitions [Repealed]
288Establishment of Board [Repealed]
289Constitution of Board [Repealed]
290Functions of Board [Repealed]
291Powers of Board [Repealed]
292Offences relating to use of certain terms
292AOffences relating to false representations
292BLiability of body corporate and directors in respect of false representations
292COffence to issue false qualifications and falsify records
292DOffence to fail to comply with section 236A (student records)
292EOffence to provide or advertise cheating services
292FOffences relating to enrolment of international students and registration of private training establishments
292GOffence to contravene requirements in section 234E relating to student fees
292HInjunctions and orders of High Court
293Transitional provisions consequential on repeal of Adult Education Act 1963
294Taxes and duties in relation to property of former National Council of Adult Education
295Transitional provisions consequential on repeal of Trades Certification Act 1966
296Taxes and duties in relation to property of former New Zealand Trades Certification Board
297Transitional provisions consequential on repeal of Universities Act 1961
298Taxes and duties in relation to certain property of former University Grants Committee
299Transitional provisions consequential on repeal of Vocational Awards Act 1979
299ATransitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015 [Repealed]
299BTransitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015
300Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301AChange of names of education entities
303Student allowances
304Student Allowance Appeal Authorities
304AOther provisions relating to Student Allowance Appeal Authorities
304BAppointment of temporary acting Authority
304COrderly and efficient operation
306Procedures to be prescribed
306AAPractice notes
306ABOnline publication of information about procedures, time frames, and progress of decisions
306ACOnline publication of written decisions
306ADisclosure of enrolment information by secondary schools
307Recipients of allowances or student loans, and other persons, may be required to provide information
307AAASuspension or refusal for not providing information
307AAOffences concerning allowances and student loans
307ABAllowances identified by Gazette notice
307ACBonded scholarships
307AUse of student allowance information for purposes of Social Security Act 2018
307BRecovery of debts
307CMinistry may carry out information matching of student loan information [Repealed]
307DDetails of academic performance
310Meaning of early childhood education and care centre
311Funding of certain early childhood services and certificated playgroups
311AGrants to licence-exempt centres [Repealed]
311BReporting requirements if grant paid to licence-exempt centre [Repealed]
312Loans to licensed early childhood services
313Administrative requirements
314Curriculum framework
315Service providers operating early childhood education and care centres to be licensed
315AAPolice vetting of contractors and their employees who work at early childhood services [Repealed]
315ABInternal procedures relating to Police vets [Repealed]
315APayment of fees for attendance of children at kindergartens [Repealed]
316Certain service providers may be licensed
317Regulations relating to licensing
317ARequirements for licensed home-based education and care service
318Playgroups may be certificated
319Regulations relating to certification of playgroups
319AAApplication of Legislation Act 2012 to certain material incorporated by reference
319AParent’s right of entry
319BPowers of entry and inspection without warrant
319CPowers of entry and inspection with warrant
319DPolice vetting of non-teaching and unregistered employees at licensed early childhood services
319EPolice vetting of contractors and their employees who work at licensed early childhood services
319FPolice vet must be obtained before person has unsupervised access to children
319FAProcedures relating to Police vets under section 319D or 319E
319FBPolice vetting of adult members of household where licensed home-based education and care service provided
319FCWhen Police vet under section 319FB must be obtained
319FDProcedures relating to Police vets under section 319FB
319FEFurther Police vets to be obtained every 3 years
319GOffence of insulting, abusing, or intimidating staff
319HOffence of obstructing power of entry
319IPayment of fees for attendance of children at kindergartens
319JCentres situated on property owned by, or leased to, the Crown
319KExisting early childhood centres deemed to be licensed
319LExisting chartered care arrangers deemed to be licensed
319MFunding conditions during transitional period
319NExisting regulations preserved
319OLicence-exempt centres may continue
321Grants to educational bodies
322Educational bodies to keep accounts
324Educational services to which this Part applies
325Chief Review Officer to perform certain functions
326Review officers
327Powers of entry and inspection
328Review officers to prove identity
328AFunctions of Chief Review Officer
328BReview officers
328CPowers of review officers for purposes of sections 328A to 328D
328DReview officers to prove identity before acting under section 328C
328EFunctions of Chief Review Officer
328FReview officers
328GPowers of review officers for purposes of sections 328E to 328H
328HReview officers to prove identity before acting under section 328G
329Interpretation [Repealed]
330Incorporation of company [Repealed]
331Principal objective of company [Repealed]
332Crown shareholding [Repealed]
333Application of Government Superannuation Fund Act 1956 [Repealed]
334Application of Public Finance Act 1989 [Repealed]
335Auditor [Repealed]
336Application of Companies Act 1955 [Repealed]
337Personnel policy [Repealed]
338Equal employment opportunities programme [Repealed]
339Consultation with State Services Commissioner [Repealed]
340Existing rights, assets, liabilities, and debts [Repealed]
343Assigning national student numbers
344Use of national student numbers
345Person may use or disclose own national student number
349Restrictions on appointment of teachers
350Restrictions on continued employment of teachers
350ASpecial provision for chief executive of correspondence school
351Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
352Applications for registration as teacher
354Determining whether training satisfactory
355Determining good character and fitness to be teacher
356Appeals from decisions of Teaching Council
357Cancellation of registration as teacher
358Voluntary deregistration
359Teaching Council to keep register of people registered as teachers
360Matching of register information and information about payment of teacher salaries at payrolled schools
361Practising certificates
362Cancellation of practising certificate
363Determining whether employment satisfactorily completed
364Fees and costs for registration and practising certificates
365Purpose of limited authority to teach
366Limited authority to teach
367Cancellation of limited authority to teach
368Determining character or fitness to hold limited authority to teach
369Appeals from decisions
370Period of authorisation
371Teaching Council to keep list of persons who have limited authority to teach
372Fees and costs for granting limited authority to teach
373Teaching Council may disclose certain information
375Periods of registration before commencement of this section
376Purpose of Part
377Purpose of Teaching Council
379Continuation and renaming of Council
380Composition of Teaching Council
380ATerm of office
380BRemoval of members
381Duties of members of Teaching Council
382Functions of Teaching Council
382AIssue of statement of Government policy relating to Teaching Council’s functions
383Powers of Teaching Council
384Ministerial powers
386Advisory boards
387Code of conduct
388Teaching Council to make rules
390Chief executive and employees
392Mandatory reporting of dismissals and resignations
393Mandatory reporting of complaints received about former employees
394Mandatory reporting of possible serious misconduct
395Mandatory reporting of failure to reach required level of competence
396Offence of failing to report
397Mandatory reporting of convictions
398Disciplinary bodies
399Complaints about conduct
400Complaints and reports relating to teacher conduct
401Powers of Complaints Assessment Committee
402Interim suspension until matter about or involving possible serious misconduct concluded
403Duration of interim suspension
404Powers of Disciplinary Tribunal
405Evidence at Disciplinary Tribunal hearings
406Powers of Disciplinary Tribunal in relation to witnesses
408Privileges and immunities
409Appeals from decisions of disciplinary bodies
410AACompetence Authority
410Complaints about competence
411Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
412Powers of Competence Authority after finding required level of competence not attained
412AAppeals from decisions of Competence Authority
413Teaching Council must co-ordinate Police vetting
415Part to bind the Crown
416Preservation of special character of State integrated schools
417State integrated schools part of State system
418Application to negotiate integration
419Applications relating to proposed schools
420Negotiation of integration agreements
421Integration agreements
422Other matters that may be included in integration agreements
423Integration agreements: machinery matters
424Effective date of integration agreement
425Notification of integration agreement
426Minister may require information to be provided
427Cancellation of integration agreement
428Cancellation by Minister
429Cancellation by proprietor
430Cancellation by agreement between parties
432Closure of State integrated school
433Notification of cancellation or of closing of State integrated school
434Disposal of assets on cancellation of integration agreement or closing of State integrated school
435Repayment of moneys advanced
436Moneys to be paid into Crown Bank Account
437Certain assets remain vested in proprietors
438Restriction on cancellation of integration agreement or closure of State integrated schools
440Administration of State integrated schools
441Free education
442Preference of enrolment
443Participation in general school programmes
444Instruction of students
445Religious observances and religious instruction
446School transport assistance
447Attendance dues
448Withdrawal and reinstatement of right to charge attendance dues
449Consequences of failure to pay attendance dues
450Accounts for attendance dues
451Financial contributions
452Restrictions on fund-raising
453Accounts of money raised under section 451
455Use of school office
456Powers and responsibilities of proprietors
457Decision-making criteria for proprietors
458Consequences of failure to arrange insurance
459Proprietors not to question curriculum or teaching methods
460Leases of land
461Assistance to proprietors
462Proprietors unable to meet obligations
463Requirements in respect of appointments of teachers
464Religious instruction: appointments to special positions relating to character of State integrated school
465Effect of religious instruction requirements in advertisements
466Restrictions on requirement for teacher to take part in religious instruction
467Other special positions
468Selection for appointment
469Requirements in respect of appointments
470Employment for special purposes
471Appointment of teachers on integration
472Other employees
473No compensation for determination of employment
474Grants to private schools before integration
475Relationship between this Part and other Parts and other enactments
476Regulations relating to State integrated schools
476AApplication and purpose of Part
476CPower for Secretary to direct institutions in relation to COVID-19 measures
476DEffect of directions
476EPublication and review of directions
476FAcademic freedom unaffected
478Training agreements and apprenticeship training agreements part of employment agreement
479Establishment of workforce development councils
480Disestablishment of workforce development councils
482Functions of workforce development councils
483Workforce development council’s functions in relation to wananga
484Workforce development council must not operate registered establishment
485Duties of workforce development councils
486Annual fee payable by workforce development council
487Qualifications Authority may issue quality assurance improvement notice
488Qualifications Authority may issue compliance notice
489Application of Public Audit Act 2001
490Act in breach of statute invalid
491Some natural person acts protected
493Apprenticeship training activities must be included in proposed plan
494 Duties of persons carrying out apprenticeship training activities
495Minister may issue apprenticeship training code
496Availability of apprenticeship training code
497Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
498Application of Legislation Act 2012 to apprenticeship training code
500Purpose of levy
501Levy may be imposed by Order in Council
502Restrictions on making of levy orders
503Matters to be specified in levy orders
504Purposes for which levy may be required
505Levy order may require provision of information
506Orders are confirmable instruments
507Expiry of levy orders
508Independent returning officer must conduct ballot
509Workforce development council must identify potential members of levy group
510Returning officer must notify potential members of levy group
511Commission must resolve coverage disputes
512Population to be balloted
513Requirements of ballot papers
514Returning officer must count votes
515Returning officer must keep ballot papers, etc
516Levy is payable by qualifying members to workforce development council
517Certificate of exemption
518Method of collecting levy
519Levy order may provide for collection by agent
520Levy funds must be kept in separate bank accounts and used only for authorised purposes
521Duty to keep records
522Duty to provide annual report
523Duty to protect commercially sensitive information
524Arbitration or mediation system must be established
525Disputes about coverage
526Appeals to District Court
Reprint notes

An Act to reform the administration of education