267 Academic freedom and institutional autonomy of institutions (other than Te Pūkenga—New Zealand Institute of Skills and Technology)

(1)

It is the intention of Parliament in enacting the provisions of this Act relating to universities and wānanga that academic freedom and the autonomy of those institutions are preserved and enhanced.

(2)

In exercising their academic freedom and autonomy, institutions must act in a manner that is consistent with—

(a)

the need for institutions to maintain the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and

(b)

the need for institutions to be accountable and make proper use of resources allocated to them.

(3)

In performing their functions, the councils and chief executives of institutions, Ministers, and authorities and agencies of the Crown must act in all respects so as to give effect to the intention of Parliament as expressed in this section.

(4)

In this section, academic freedom, in relation to an institution, means—

(a)

the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions:

(b)

the freedom of academic staff and students to engage in research:

(c)

the freedom of the institution and its staff to regulate the subject matter of courses taught at the institution:

(d)

the freedom of the institution and its staff to teach and assess students in the manner that they consider best promotes learning:

(e)

the freedom of the institution through its chief executive to appoint its own staff.

(5)

This section does not apply to Te Pūkenga—New Zealand Institute of Skills and Technology (for which section 318 provides).

Compare: 1989 No 80 s 161

Section 267 heading: amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 267(5): amended, on 25 September 2020, by clause 4(1) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).