Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
106 Surrender and retention of property

(1)

This section applies if a teacher or an authorised staff member has reasonable grounds to believe that a student has hidden or in clear view on or about the student’s person, or in any bag or other container under the student’s control, an item that is likely to—

(a)

endanger the safety of any person; or

(b)

detrimentally affect the learning environment.

(2)

The teacher or authorised staff member may require the student to produce and surrender the item.

(3)

If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the student—

(a)

to reveal the item:

(b)

to surrender the computer or other electronic device on which the item is stored.

(4)

A teacher or an authorised staff member may do either or both of the following in relation to an item surrendered under this section:

(a)

retain the item for a reasonable period:

(b)

dispose of the item (if appropriate).

(5)

A teacher or an authorised staff member may retain a computer or other electronic device surrendered under subsection (3)(b) for a reasonable period.

(6)

If an item or a computer or other electronic device is retained under this section, it must be stored in an appropriate manner.

(7)

At the end of any period of retention, any computer or other electronic device, or any item that is not disposed of under subsection (4)(b), must be—

(a)

returned to the student; or

(b)

passed to another person or agency, as appropriate.

(8)

A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 113.

Compare: 1989 No 80 s 139AAA