Hon Hekia Parata
Government Bill
193—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
3 Principal Act
Part 1Amendments to principal Act
4 Section 87 amended (Annual reports)
4A Section 158D amended (Partnership School Contracts)
5 Parts 10 and 10A repealed
Governance of tertiary institutions
6 Sections 171 and 173 replaced
170A Constitution to provide for membership of council
171 Membership of council
171A Certain people disqualified from appointment
171B Matters to be considered when appointing members
171C Statutes relating to appointment of members by councils of institutions
171D Limitations on number of occasions on which people may be appointed as members of councils
171E Membership of more than one council
171F Certain acts and proceedings not invalidated by defects
173 Term of office
7 Section 174 amended (Vacation of office)
8 Section 176 replaced (Casual vacancies)
176 Casual vacancies
9 New sections 176A to 176E inserted
176A Individual duties of members of councils
176B Accountability for individual duties
176C Removal of members
176D Process for removal
176E Application of Local Authorities (Members' Interests) Act 1968
10 Section 177 amended (Chairperson and deputy chairperson)
10A Section 178 amended (Meetings of councils)
11 Section 194 amended (Statutes)
12 Sections 222AB, 222AC, 222AE, 222AH, and 222AI repealed
Private training establishments
13 Section 233 amended (Grant or refusal of application)
14 Section 233D amended (Cancellation of registration)
15 Section 233E replaced (Effect of cancellation)
233E Effect of cancellation
16 Section 234 amended (Lapse of registration)
17 Section 234C amended (Interpretation)
18 Section 234E amended (Student fees must be deposited with independent trustee)
19 Section 235A amended (Refund entitlements of international students)
20 Section 235B amended (Refund requirements set by Gazette notice)
21 Section 236A amended (Duties of private training establishments to maintain student records)
International students
22 Section 238D replaced (Interpretation)
238D Interpretation
23 Section 238E amended (Signatories to code may enrol persons as international students)
24 Section 238F amended (Code)
25 Section 238G replaced (Sanctions)
238FA Appointment of code administrator
238FB Code administrator may issue compliance notices
238FC Signatory providers to comply with compliance notices
238G Sanctions
26 Section 238I amended (Purpose and administration of export education levy)
27 New sections 238J to 238M inserted
238J International Student Contract Dispute Resolution Scheme
238K Cap of $200,000 on amount that can be required to be paid
238L District Court to enforce DRS
238M Rules of International Student Contract Dispute Resolution Scheme
New Zealand Qualifications Authority
28 Section 250A amended (Conditions on accreditation)
29 Section 250C amended (Withdrawal of accreditation)
30 Section 251A amended (Conditions of training scheme approval)
31 Section 252A amended (Conditions)
32 Section 253 amended (Rules)
33 Section 255 amended (Compliance notices)
34 Section 255A amended (Powers of entry and inspection)
Miscellaneous
35 Section 292B amended (Liability of body corporate and directors in respect of false representations)
36 Section 292C amended (Offence to issue false qualifications and falsify records)
37 New sections 299A and 299B inserted
299A Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act (No 2) 2014
299B Transitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act (No 2) 2014
Teacher registration and Education Council
38 New Parts 31 and 32 inserted
Part 31Teacher registration
348 Interpretation
Restrictions on appointment and employment of teaching staff
349 Restrictions on appointment of teachers
350 Restrictions on continued employment of teachers
351 Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
Teacher registration
352 Applications for registration as teacher
353 Registration
354 Determining whether training satisfactory
355 Determining good character and fitness to be teacher
356 Appeals from decisions of Education Council
357 Cancellation of registration as teacher
358 Voluntary deregistration
359 Education Council to keep a register of people registered as teachers
360 Matching of register information and information about payment of teacher salaries at payrolled schools
361 Practising certificates
362 Cancellation of practising certificate
363 Determining whether employment satisfactorily completed
364 Fees and costs for registration and practising certificates
Limited authority to teach
365 Purpose of limited authority to teach
366 Limited authority to teach
367 Cancellation of limited authority to teach
368 Determining character or fitness to hold limited authority to teach
369 Appeals from decisions
370 Period of authorisation
371 Education Council to keep list of persons who have limited authority to teach
372 Fees and costs for granting limited authority to teach
Miscellaneous provisions
373 Education Council may disclose certain information
374 Offences
375 Periods of registration before commencement of this section
Part 32Education Council
376 Purpose of Part
377 Purpose of Education Council
378 Interpretation
Education Council
379 Education Council of Aotearoa New Zealand established
380 Composition of Education Council
381 Duties of members of Education Council
382 Functions of Education Council
383 Powers of Education Council
384 Ministerial powers
385 Reports
386 Advisory boards
387 Code of conduct
388 Education Council to make rules
389 Delegations
390 Chief executive and employees
391 Superannuation
Mandatory reporting
392 Mandatory reporting of dismissals and resignations
393 Mandatory reporting of complaints received about former employees
394 Mandatory reporting of possible serious misconduct
395 Mandatory reporting of failure to reach required level of competence
396 Offence of failing to report
397 Mandatory reporting of convictions
Disciplinary functions
398 Disciplinary bodies
399 Complaints about conduct
400 Complaints and reports relating to teacher conduct
401 Powers of Complaints Assessment Committee
402 Interim suspension until matter about or involving possible serious misconduct concluded
403 Duration of interim suspension
404 Powers of Disciplinary Tribunal
405 Evidence at Disciplinary Tribunal hearings
406 Powers of Disciplinary Tribunal in relation to witnesses
407 Offences
408 Privileges and immunities
409 Appeals
Review of competence
410 Complaints about competence
411 Investigation of mandatory reports about competence
412 Powers of Education Council after finding required level of competence not attained
Police vetting
413 Education Council must co-ordinate Police vetting
Schedules
39 New Schedules 19 to 22 inserted
Part 2Consequential amendments
Acts amended
40 Crown Entities Act 2004
41 Education Standards Act 2001
42 Ombudsmen Act 1975
43 Privacy Act 1993
44 State Sector Act 1988
Legislative instruments amended
45 Education (Early Childhood Centres) Regulations 1998
46 Education (Early Childhood Services) Regulations 2008
47 Education (Registration of Early Childhood Services Teachers) Regulations 2004
48 New Zealand Council for Educational Research (Electoral College) Order 2009 amended
Schedule 1New Schedule 19 inserted
Schedule 2New Schedule 20 inserted
Schedule 3New Schedules 21 and 22 inserted
Legislative history
The Parliament of New Zealand enacts as follows: