39 Exemption from enrolment of student who has turned 15


The Secretary may, on application by a parent of a student who has turned 15 years, grant the parent a certificate that exempts the student from the requirements of section 35 if the Secretary is satisfied that it is sensible to do so, on the basis of—


the student’s educational problems; and


the student’s conduct; and


the benefit (if any) the student is likely to get from attending another available school.


However, the Secretary may not exempt any student who—


has made insufficient progress in terms of any curriculum statement for year 8 made under section 90; or


has not enrolled for a year level above year 8.


The Secretary must tell the chief executive of Oranga Tamariki the name and address and any other available contact details of every student exempted under subsection (1).


If satisfied that it is in the best interests of any student to do so, the Secretary may revoke the student’s certificate granted under subsection (1).

Compare: 1989 No 80 s 22

Section 39(2)(a): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).