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  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
156A Minister may merge schools

(1)

Subject to sections 156B and 157, the Minister may, by notice in the Gazette, merge 1 or more State schools (merging schools) that are not State integrated schools with another State school (the continuing school) that is not a State integrated school, if the Minister is satisfied that—

(a)

each board of a school concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at the school about the proposed merger; and

(b)

the consultation that has taken place has been adequate in all the circumstances; and

(c)

the creation of a single school by the proposed merger is appropriate in the circumstances.

(1A)

A decision to merge a school under subsection (1) is in the Minister’s absolute discretion.

(2)

A notice under subsection (1) takes effect on a day (not earlier than the end of the term after the term during which the notice is published) specified in the notice, and has effect as follows:

(a)

the merging schools are part of the continuing school:

(b)

if the continuing school and each merging school are not already administered by a single board,—

(i)

the board of each merging school is dissolved; and

(ii)

all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:

(c)

the continuing school is a school of the class specified in the notice and provides education for the student class levels specified in the notice.

(3)

A notice under subsection (1) does not affect the name of the continuing school.

(4)

Before a notice under subsection (1) takes effect, the Minister must give notice in the Gazette of whether—

(a)

during the period between a date specified in the notice and the date on which new trustees take office following an election (the interim period), the board of the continuing school is to be—

(i)

the board of the continuing school plus co-opted trustees representing each merging school (a continuing board); or

(ii)

a board appointed by the Minister (an appointed board); or

(b)

the board of the continuing school is to have an alternative constitution approved under section 98A.

Section 156A: replaced, on 13 June 2013, by section 30 of the Education Amendment Act 2013 (2013 No 34).

Section 156A(1): amended, on 19 May 2017, by section 116(1)(a) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 156A(1): amended, on 19 May 2017, by section 116(1)(b) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 156A(1A): inserted, on 19 May 2017, by section 116(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 156A(4)(b): amended, on 19 May 2017, by section 116(3) of the Education (Update) Amendment Act 2017 (2017 No 20).