Education (Update) Amendment Act 2017

repealed
Education (Update) Amendment Act 2017: repealed, on 1 August 2020, by section 669(3)(f) of the Education and Training Act 2020 (2020 No 38).

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Reprint as at 1 August 2020

Education (Update) Amendment Act 2017

Public Act		2017 No 20
Date of assent		15 May 2017
Commencement		see section 2

Education (Update) Amendment Act 2017: repealed, on 1 August 2020, by section 669(3)(f) of the Education and Training Act 2020 (2020 No 38).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.

1	Title
2	Commencement
	Part 1 Amendments to Education Act 1989
3	Principal Act
4	New Part 1AA inserted
		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
5	Section 2 amended (Interpretation)
6	New section 2A inserted (Transitional, savings, and related provisions)
	2A	Transitional, savings, and related provisions
7	Section 3 amended (Right to free primary and secondary education)
8	Section 4D amended (Boards to reimburse the Crown for expenditure in respect of international students)
9	Section 5 replaced (Restrictions on enrolment at primary school)
	5	Restrictions on enrolment at primary school
10	New sections 5A to 5C inserted
	5A	Cohort entry policy
	5B	Determining term start dates under cohort entry policy
	5C	Adoption or revocation of cohort entry policy
11	Sections 7 and 7A repealed [Repealed]
12	Section 11B amended (Interpretation)
13	Section 11H amended (Process for developing and adopting enrolment scheme)
14	New section 11IA inserted (Development of enrolment scheme by Secretary)
	11IA	Development of enrolment scheme by Secretary
15	Section 11J amended (Information about school’s enrolment scheme)
16	Section 11K amended (Commencement of enrolment scheme)
17	Section 11M amended (Amendment of enrolment scheme)
18	Section 11P amended (Secretary may direct board to enrol applicant)
19	Section 11PB amended (Enrolment schemes of certain State schools)
20	Section 16 amended (Secretary’s powers when excluded student younger than 16)
21	Section 17 amended (Board’s powers when suspended student 16 or older)
22	Section 17B amended (Who may attend board meeting concerning suspensions)
23	Section 17D amended (Re-enrolment of excluded or expelled student)
24	Section 18AA amended (Secretary may make rules)
25	Section 20 replaced (New Zealand citizens and residents between 6 and 16 to go to school)
	20	New Zealand citizens and residents between 6 and 16 must be enrolled at registered school
26	Section 21 amended (Long term exemptions from enrolment) [Repealed]
27	Section 22 amended (Secretary may exempt from enrolment) [Repealed]
28	Section 23 amended (Effect of exemption) [Repealed]
29	Section 24 amended (Penalty for failure to enrol) [Repealed]
30	Section 25 amended (Students required to enrol must attend school)
31	Section 25A amended (Release from tuition on religious or cultural grounds)
32	Section 28 replaced (Secretary may require parents of certain children to enrol them at correspondence school) [Repealed]
33	Section 29 amended (Penalty for irregular attendance) [Repealed]
34	Section 30 amended (Employment of school-age children) [Repealed]
35	New section 35GA and cross-heading inserted
		Statement of National Education and Learning Priorities
	35GA	Manager must have regard to statement of National Education and Learning Priorities
36	Section 35Q amended (Suspensions and expulsions of students from private schools to be notified to Secretary)
37	New section 35S and cross-heading inserted
		Powers of entry and inspection
	35S	Entry where private school suspected of being unregistered
38	New Part 3A inserted [Repealed]
39	Section 60 amended (Interpretation)
40	New cross-heading above section 60A inserted
		Curriculum and performance
41	Section 60A amended (National education guidelines)
42	Section 60B amended (Consultation about treatment of health curriculum)
43	Sections 61 to 63B replaced
	61	Teaching and learning programmes
	62	Monitoring of and reporting on student performance
		School year, terms, and holidays, etc
44	Section 65 repealed (Staff)
45	Sections 65H to 70C repealed
46	Section 71 amended (Courses and visits)
47	New section 71A inserted (Off-site locations for schools)
	71A	Off-site locations for schools
48	Sections 72 to 75 replaced
		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
49	Section 77 amended (Guidance and counselling)
50	New cross-heading above section 78 inserted
		Regulations
51	New cross-heading above section 78A inserted
		Powers of entry and inspection
52	Section 78A amended (Powers of entry and inspection) [Repealed]
53	Section 78B repealed (Entry where private school suspected of being unregistered)
54	New cross-heading above section 78C inserted
		Police vetting of non-teaching staff
55	New cross-heading above section 78D inserted
		Risk management schemes
56	Section 78H amended (Purpose of Part)
57	Section 78I amended (Application of interventions)
58	Section 78J amended (Requirement to provide information)
59	Section 78K amended (Specialist help)
60	Section 78L amended (Action plans)
61	New sections 78LA to 78LE inserted
	78LA	Case conference
	78LB	Specialist audit
	78LC	Performance notice
	78LD	Appointment of additional trustee by Minister
	78LE	Amendment and revocation of notices
62	Section 78M amended (Limited statutory manager)
63	Section 78O amended (Commissioners)
64	Section 78R amended (Annual review of interventions)
65	Section 78S amended (Application of interventions to integrated schools)
66	Part 8 heading amended
67	Section 81A repealed (Grants for correspondence schools) [Repealed]
68	Section 87 replaced (Annual reports)
	87	Statements of variance and annual reports
69	New section 87AB inserted (Annual report to be made available)
	87AB	Annual report to be made available
70	Section 91A amended (Interpretation) [Repealed]
71	Section 91B replaced (Application) [Repealed]
72	Section 92 amended (Interpretation)
73	New cross-heading above section 93 inserted
		Requirement for board of trustees
74	Section 93 amended (Schools and special institutions to have boards of trustees)
75	New cross-heading above section 94 inserted
		Constitution of boards
76	Section 94 amended (Constitution of boards of State schools)
77	Section 94A amended (Proprietors of integrated schools may vary number of trustees they appoint)
78	Section 94C repealed (Limitations on co-option and appointment of trustees)
79	Section 95 amended (Boards of correspondence schools and certain other educational institutions)
80	Section 98 amended (Boards of newly established schools)
81	New sections 98A to 98C and cross-heading inserted
	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
82	Section 100 replaced (Availability of annual report)
	100	Limitations on co-option and appointment of trustees
		Elections of trustees
83	Section 101 amended (Elections of trustees)
84	New sections 101C and 101D and cross-heading inserted
	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
85	New cross-heading above section 103 inserted
		Eligibility to be trustee
86	Section 103B amended (Requirements before appointment)
87	New cross-heading above section 104 inserted
		Casual vacancies on boards
88	Section 104 amended (When casual vacancies arise)
89	Sections 105A and 109A repealed and new cross-heading inserted
		Combining and splitting boards
90	Section 110 amended (Boards may combine)
91	Section 110A amended (Minister may combine boards at establishment)
92	Section 111 amended (Restrictions on combining)
93	New cross-heading above 117 inserted
		Miscellaneous provisions
94	Section 118 amended (Regulations)
95	New section 118A inserted (Regulations about planning, implementation, monitoring, and reporting)
	118A	Regulations about planning, implementation, monitoring, and reporting
96	New sections 139AB to 139AE inserted
	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
97	Section 141 repealed (Consequential amendments to Private Schools Conditional Integration Act 1975)
98	Section 144A amended (Secretary may require information for proper administration of Act)
99	New section 145AAA inserted (Purpose of Part)
	145AAA	Purpose of Part
100	Section 145 amended (Interpretation)
101	Section 146 amended (Minister may establish schools)
102	Section 147 amended (Names of State schools)
103	Section 148 amended (Normal schools, etc)
104	Section 149 amended (Intermediate departments)
105	Section 150 amended (Contributing schools)
106	Section 151 amended (Provision of education at composite schools)
107	Section 152 repealed (Correspondence schools) [Repealed]
108	Section 153 amended (Minister may change class of school)
109	Section 154 amended (Closure of schools)
110	Section 154A amended (Minister may redesignate, or remove designation from, schools)
111	Section 155 replaced (Kura Kaupapa Maori)
	155	Kura Kaupapa Māori
112	Section 155D amended (Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999)
113	Section 155E amended (Acknowledgment of adoption of Te Aho Matua)
114	Section 155F amended (Protection of term Kura Kaupapa Maori)
115	Section 156 replaced (Designated character schools)
	156	Designated character schools
	156AA	Process for establishing designated character schools
116	Section 156A amended (Minister may merge schools)
117	Section 156AB amended (Election or appointment of boards of continuing schools)
118	Section 156AC amended (Alternative constitutions for continuing schools)
119	Section 157 amended (Consultations)
120	Section 158A amended (Interpretation) [Repealed]
121	Section 158G amended (Sponsor’s duties)
122	Section 158R amended (Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua)
123	Section 158U amended (Application of this Act to partnership schools kura hourua)
124	Section 159AAA amended (Object of provisions relating to tertiary education)
125	Section 159 amended (Interpretation) [Repealed]
126	Section 159AB amended (Importance of tertiary education strategy)
127	Section 159AE amended (Ministry may hold and disseminate information)
128	Section 159E replaced (Charging)
	159E	Charging
129	Section 159F amended (Functions of Commission)
130	New sections 159FA to 159FD inserted
	159FA	Offers of employment in equivalent positions for Careers New Zealand employees
	159FB	Effect of offers on certain agreements and entitlements
	159FC	No compensation for technical redundancy of employees of Careers New Zealand
	159FD	Repeal of sections 159FA to 159FD
131	Section 192 amended (Powers of institutions) [Repealed]
132	Section 238D amended (Interpretation) [Repealed]
133	Section 238I amended (Purpose and administration of export education levy) [Repealed]
134	Section 246 amended (Interpretation) [Repealed]
135	Section 253 amended (Rules) [Repealed]
136	Part 22 repealed
137	Section 317 amended (Regulations relating to licensing)
138	Section 319 amended (Regulations relating to certification of playgroups)
139	Section 319J amended (Centres situated on property owned by, or leased to, the Crown)
140	Section 342 amended (Interpretation) [Repealed]
141	New section 350A inserted (Special provision for chief executive of correspondence school)
	350A	Special provision for chief executive of correspondence school
142	Section 350A replaced (Special provision for chief executive of correspondence school) [Repealed]
143	Section 357 amended (Cancellation of registration as a teacher)
144	Section 359 amended (Education Council to keep register of people registered as teachers)
145	Section 362 amended (Cancellation of practising certificate)
146	Section 367 amended (Cancellation of limited authority to teach)
147	Section 371 amended (Education Council to keep list of persons who have limited authority to teach)
148	Section 378 amended (Interpretation)
149	Section 388 amended (Education Council to make rules)
150	Section 409 amended (Appeals)
151	New section 410AA inserted (Competence Authority)
	410AA	Competence Authority
152	Section 410 amended (Complaints about competence)
153	Section 411 amended (Investigation of mandatory reports about competence)
154	Section 412 replaced (Powers of Education Council after finding required level of competence not attained)
	412	Powers of Competence Authority after finding required level of competence not attained
	412A	Appeals from decisions of Competence Authority
155	New Part 33 inserted
		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
156	New Schedule 1 inserted
157	Schedule 5A amended
158	Schedule 6 replaced
	Part 2 Repeal of Private Schools Conditional Integration Act 1975 and amendments to other enactments
159	Repeal
160	Education (Early Childhood Services) Regulations 2008 amended
161	Consequential amendments to other enactments
	Schedule 1 New Schedule 1 inserted
	Schedule 2 Schedule 6 of principal Act replaced
	Schedule 3 Consequential amendments to other enactments
	Reprint notes

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Education (Update) Amendment Act 2017

Education (Update) Amendment Act 2017

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