Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
3 Instructions and guidelines on operation of enrolment schemes

(1)

The Secretary may issue instructions to State schools that have enrolment schemes about the following matters:

(a)

the procedures for holding ballots:

(b)

the dates on which ballots are to be held:

(c)

the establishment and maintenance of waiting lists:

(d)

the information to be given to applicants who live outside the school’s home zone:

(e)

any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.

(2)

Instructions issued under subclause (1)—

(a)

must be complied with by schools; and

(b)

may apply to all or specified schools or classes of school.

(c)
[Repealed]

(d)
[Repealed]

(3)

The Secretary may issue guidelines to State schools about either or both of the following matters:

(a)

the basis on which the Secretary’s powers in relation to enrolment schemes may be exercised (including, in particular, the power in clause 14(2)(a) relating to the determination of whether an applicant lives within a home zone or outside it):

(b)

the manner in which schools must conduct reviews under clause 13 (which relates to the review of a student’s enrolment).

(4)

The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

(a)

instructions under subclause (1):

(b)

guidelines under subclause (3).

Compare: 1989 No 80 s 11G

Legislation Act 2019 requirements for secondary legislation made under subclause (1)
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• publish it, and the date on which it takes effect, in the Gazette; or
• notify it in the Gazette outlining its content and stating where a copy of it can be obtained and the date on which it takes effect
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Legislation Act 2019 requirements for secondary legislation made under subclause (3)
PublicationIt is not required to be publishedLA19 s 73(2)
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Schedule 20 clause 3(2)(c): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 20 clause 3(2)(d): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 20 clause 3(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).