16 Enrolment schemes of certain State schools

(1)

Section 71 and clauses 2 to 15 apply to Kura Kaupapa Māori, designated character schools, State integrated schools, and specialist schools, and to their enrolment schemes, with the following modifications:

(a)

all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolment at the school than there are places available; and

(b)

the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and

(c)

clause 6 is modified as follows:

(i)

subclause (2) applies as if paragraph (a) read “a general description of the enrolment scheme”; and

(ii)

subclause (3) applies as if paragraphs (a) to (c) were replaced with the words “the likely number of places available and the significant pre-enrolment dates and procedures that apply”; and

(iii)

subclause (4)(b) does not apply; and

(d)

in the case of a Kura Kaupapa Māori, the application of section 71 and clauses 2 to 15 must not result in inconsistency with section 204; and

(e)

in the case of a designated character school, the application of section 71 and clauses 2 to 15 must not result in inconsistency with its school charter or section 204; and

(f)

in the case of a State integrated school, the application of section 71 and clauses 2 to 15 must not result in inconsistency with the school’s integration agreement or Schedule 6.

(2)

Clauses 1 to 15 do not apply to any State school of a type specified by the Secretary by notice.

(3)

A notice under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1989 No 80 s 11PB

Legislation Act 2019 requirements for secondary legislation made under this clause
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
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 16(2): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Schedule 20 clause 16(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).