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Education Amendment Act 1992

Public Act		1992 No 107
Date of assent		7 December 1992

	Title
1	Short Title
2	Payment of teacher salaries
		“PART VIIIa “Payment of Teacher Salaries
	“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
	“91e	Payment of salaries of certain teachers out of grants
	“91f	Restrictions on payment of salaries of regular teachers by Boards of payrolled schools
	“91g	Relieving 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
	Administrative information

An Act to amend the Education Act 1989

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the Education Amendment Act 1992, and shall be read together with and deemed part of the Education Act 1989 (hereinafter referred to as the principal Act).

2 Payment of teacher salaries

(1)

The principal Act is hereby amended by inserting, after Part VIII, the following Part:

“PART VIIIa “Payment of Teacher Salaries

“91a Interpretation

“(1)

In this Part of this Act, unless the context otherwise requires,—

“‘Application period’ means the period commencing on the commencement of the Education Amendment Act 1992, and ending with the 31st day of December 1994 (as from time to time extended under section 91m(1) of this Act):

“‘Board’ means a Board of trustees constituted under Part IX of this Act; and, in relation to a school, means the school’s Board:

“‘Minister’ means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part of this Act:

“‘Ministry’ means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part of this Act:

“‘Payrolled school’ means a school to which section 91c of this Act applies:

“‘Regular teacher’ means a teacher who is not a relieving teacher:

“‘Relieving teacher’, at any time, means a teacher employed at that time by a Board to undertake some or all of the duties of a regular teacher who, at that time, is absent from work but remains employed (on salary) by the Board:

“‘School’ means an institution that is—

“(a)

A state school within the meaning of section 2 of this Act; or

“(b)

A special institution within the meaning of section 92 of this Act:

“‘Secretary’ means the chief executive of the Ministry:

“‘Teacher’ includes the principal of a school, and any deputy or associate principal (however described) of a school.

“(2)

For the purposes of paragraphs (b) and (c) of section 91e(1) of this Act, where at any time a Board purported (or purports) to appoint a teacher to a position of a particular designation, the teacher shall be deemed to have become (or to become) a teacher of that designation on taking up the appointment.

“91b Application

Section 91c of this Act applies to every school other than—

“(a)

A school established under section 152 of this Act as a correspondence school:

“(b)

A school to which an agreement in force under section 91d (or former section 91(6)) of this Act relates.

“Payment of Salaries

“91c Salaries of teachers at certain schools to be paid by the Crown

Notwithstanding anything in Part VIII of this Act, but subject to section 91e of this Act, the Secretary shall cause to be paid out of public money appropriated by Parliament for the purpose the salaries (in respect of employment during the application period) of all regular teachers employed at payrolled schools.

“91d Agreements to move from central payment of teacher salaries

The Minister and a Board may agree in writing that section 91c of this Act should not apply to a school or schools the Board administers while the agreement is in force.

“91e Payment of salaries of certain teachers out of grants

“(1)

The Board of every payrolled school shall pay, out of grants paid to it under section 79 of this Act, the salaries (payable in respect of employment after the 25th day of May 1993) of—

“(a)

Teachers employed at the school in any of the following positions (however described): principal, associate principal, deputy principal, assistant principal, senior master, and senior mistress; and

“(b)

Every teacher designated F4, F3, PR4, or PR3; and

“(c)

Every teacher with a designation declared by the Governor-General by Order in Council to be equivalent to F4, F3, PR4, or PR3.

“(2)

If the Secretary and the Board of a payrolled school that is—

“(a)

A secondary school (within the meaning of section 2 of this Act); or

“(b)

A composite school (within the meaning of section 2 of this Act) that does not provide education at a level below form I,—

are satisfied that a teacher employed by the Board has (or on commencing employment will nave) specific management responsibilities, they may agree that the teacher should be paid out of grants; and in that case the Board shall pay the teacher’s salary (payable in respect of employment after the 25th day of May 1993) out of grants paid to it under section 79 of this Act.

“(3)

For so long as an agreement under subsection (2) of this section continues in force, the Board shall continue to pay the salary of the teacher concerned out of grants paid to it under section 79 of this Act.

“91f Restrictions on payment of salaries of regular teachers by Boards of payrolled schools

No Board shall pay all or any part of the salary of a regular teacher in respect of employment during the application period at a payrolled school it administers unless—

“(a)

It is required by section 91e of this Act to pay that salary out of grants paid to it under section 79 of this Act; or

“(b)

The Minister has consented to the payment, and the Board complies with any conditions subject to which the consent was given.

“91g Relieving teachers

“(1)

Except as provided in subsection (3) of this section, Boards shall pay the salaries of relieving teachers employed at schools they administer.

“(2)

The Governor-General may from time to time, by Order in Council, declare any circumstances to be circumstances in which the employment of a relieving teacher justifies the central payment of the teacher’s salary, either—

“(a)

Immediately; or

“(b)

After employment for an initial period (specified in the order) of consecutive school days on which the school at which the teacher is employed is open for instruction.

“(3)

The Secretary shall cause a relieving teacher’s salary to be paid out of public money appropriated by Parliament for the purpose if (and only if), by virtue of an order under subsection (2) of this section, the employment to which the payment relates justifies the central payment of the salary.

“Limitations on Staffing

“91h Limitations on appointment and employment of regular teachers at payrolled schools

“(1)

For the purpose of limiting the financial liability of the Crown arising out of its obligation under section 91c of this Act to pay the salaries of all regular teachers employed at payrolled schools, the Governor-General shall in every year, by Order in Council, prescribe limitations on—

“(a)

The numbers, and kinds and descriptions, of permanently appointed regular teachers; and

“(b)

The numbers, and kinds and descriptions, of other regular teachers,—

who may be employed at payrolled schools at any time during the next year.

“(2)

An order under subsection (1) of this section—

“(a)

May prescribe limitations in relation to a particular school or schools, schools of a particular kind or description, or all schools; and

“(b)

May prescribe limitations directly, by means of one or more mechanisms or parameters, or by a combination of both approaches; and

“(c)

May specify criteria (qualitative, quantitative, or both) to which the Secretary is to have regard in granting exemptions from the limitations or any of them.

“91i Secretary may grant exemptions in individual cases

The Secretary may, in accordance with criteria specified in an order under section 91h(1) of this Act, by written notice to a Board—

“(a)

Exempt the Board, to any extent specified in the notice, from any limitation prescribed by the order in relation to a school the Board administers; or

“(b)

Amend or revoke any notice under this section;—and the Board may appoint and employ teachers at the school accordingly.

“91j Boards to comply with limitations

Subject to section 91i of this Act, the Board of a school in relation to which a limitation is prescribed by an order under section 91h(1) of this Act shall ensure that the appointment and employment of teachers at the school is at all times during the application period in accordance with the limitation.

“91k Reduction in grants where limitations not complied with

In determining for the purposes of section 79 of this Act the amount of any grant payable to a Board in respect of a school, the Minister—

“(a)

Shall have regard to the extent to which the Secretary has (by virtue of this Part of this Act) caused to be paid to teachers employed at the school salaries greater in total than the salaries that would have been payable if the Board had complied with sections 91g(1), 91j, and 91l(1) of this Act; and

“(b)

May, after consulting the Board, determine for the grant an amount that is (to that extent or some lesser extent) less than it would otherwise have been.

“91l Staffing levels for 1992

“(1)

Subject to subsection (2) of this section, the Board of a payrolled school shall ensure that at all times before the 1st day of January 1993 there are not employed at the school more regular teachers of any grade than the number of regular teachers of that grade employed there at the close of the 18th day of November 1992.

“(2)

The Secretary may, by written notice to a payrolled school’s Board, authorise an increase in the number of regular teachers of any grade to be employed at the school in 1992; and teachers may be employed at the school accordingly.

“Application Period May Be Extended

“91m Application period may be extended

“(1)

Subject to subsection (2) of this section, the Governor-General may from time to time, by Order in Council, extend the application period to a day specified in the order.

“(2)

No order shall be made under subsection (1) of this section after the application period (as from time to time extended) has expired.”

(2)

Section 65 of the principal Act (as substituted by section 3(1) of the Education Amendment Act (No. 2) 1991 and amended by section 10 of the Education Amendment Act (No. 4) 1991) is hereby consequentially amended by inserting, before the words “a Board”, the words “Subject to Part VIIIa of this Act,”.

(3)

Section 84 of the State Sector Act 1988 (as substituted by section 2 of the State Sector Amendment Act 1990) is hereby consequentially amended by omitting the words “for the period referred to in section 91(1) of the Education Act 1989 (as amended by section 22 of the Education Amendment Act 1990), and any extension of that period under section 91(2) of that Act, means the Secretary of the Ministry of Education”, and substituting the words “for the application period (within the meaning of subsection (1) of section 91a of the Education Act 1989) means the chief executive of the Ministry (within the meaning of that subsection)”.

(4)

The following enactments are hereby consequentially repealed:

(a)

Section 91 of the principal Act:

(b)

Section 6 of the Education Amendment Act (No. 2) 1991.

This Act is administered in the Ministry of Education.

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Education Amendment Act 1992