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Education and Training Bill
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Hon Chris Hipkins
Education and Training Bill
Government Bill
193—2
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
3
Outline of Act
4
Purpose of Act
5
Minister may issue statement of national education and learning priorities
6
Statement of expectations
7
Tertiary education strategy
8
International education strategy
9
Te Tiriti o Waitangi
10
Interpretation
11
Transitional, savings, and related provisions
12
Act binds the Crown
Part 2
Early childhood education
13
Outline of Part 2
14
Purpose of Part 2
Subpart 1—Licensing and certification
15
Service providers operating early childhood education and care centres must be licensed
16
Certain other service providers may be licensed
17
Ministerial approval required for licensing application
17A
Persons approved to apply for licence must be fit and proper
18
Requirements for licensed home-based education and care service
19
Playgroups may be certified
20
Application of Legislation Act 2012 to certain material incorporated by reference
21
Records
Subpart 2—Administration
22
Curriculum frameworks
23
Prohibition on corporal punishment and seclusion in early childhood services
24
Police vetting in respect of early childhood
education
services
25
Kindergarten attendance fees
26
Parent’s right to entry
Subpart 3—Offences
27
Service providers must be licensed
28
Offence relating to obstruction of power of entry
29
Offence of insulting, abusing, or intimidating teacher or staff
Part 3
Primary and secondary education
30
Outline of Part 3
31
Purpose of Part 3
Subpart 1—Priorities, rights, and responsibilities
32
Right to free enrolment and free education at State schools (including entitlement to attend full-time)
33
Students with special educational needs have same rights to education at State schools as others
34
Domestic students aged between 6 and 16 years must be enrolled at registered school
35
Students of registered schools required to attend whenever schools are open
36
Special education
enrolment
37
Long-term exemptions from enrolment
38
Exemption from enrolment of student who has turned 15
39
Effect of exemption under
section 37 or 38
40
Exemption of person placed in residence or programme under Oranga Tamariki Act 1989
41
Exceptions to attendance because of well-being or transitional plan
41A
Exceptions to attendance because of secondary
–
tertiary programmes and multiple timetable arrangements
42
Exemption from attendance because of walking distance to school or some other reason
43
Exemption of student from attendance for period of no more than 5 days
44
Secretary may require enrolment of certain children at distance school
45
Reconsideration of special education enrolment
or services
46
Board of State school may appoint attendance officer
47
Powers of attendance officers and constables
Release from tuition
48
Release from tuition on religious or cultural grounds
49
Release from tuition for specified parts of health curriculum
50
Release from tuition for outside tuition or if good reasons to leave early
51
Courses, work experience, and visits outside school premises
52
Restrictions on employing school-age children
Religious instruction and observances at State primary and intermediate schools
53
Application
54
Religious instruction and observances in State primary and intermediate schools
55
Additional religious instruction
56
Student attendance at religious instruction must be confirmed
57
Student attendance at religious observances not compulsory
58
Teacher may be released from duties to take part in religious instruction or observances
Miscellaneous provisions
59
Exemptions from taxation
Subpart 2—Restrictions on right to enrol
at
and attend school
Restrictions on enrolment at primary school
60
Restrictions on primary school enrolment
61
Cohort entry policy
62
Dates for starting school under cohort entry policy
63
Adoption or revocation of cohort entry policy
64
Publication of mid-term start dates
Restrictions on enrolment at secondary school
65
Restrictions on secondary school enrolment
66
Restrictions on enrolment at distance school
67
Some domestic students may have to pay fees for tuition from distance schools
68
Adult and community education
Evening classes
Enrolment schemes
69
Purpose and principles
70
Content of enrolment scheme
71
How enrolment schemes work
Other restrictions on enrolment and attendance
72
Secretary may direct that students attend particular schools
73
Principals may preclude students for health reasons
74
Purpose of
sections 75 to 85
75
Application of
sections 76 to 85
76
Principals of State Schools may stand down or suspend students
77
Powers of State school board when suspended students aged under 16 years
78
Secretary’s powers when excluded students aged under 16 years
79
Powers of State school board when suspended students aged 16 years over
80
Duties of principals when students stood down or suspended from State schools
81
Who may attend State school board meeting concerning suspensions
82
Effect of suspension on school register
83
Re-enrolment of excluded or expelled student
84
Notice requirements for stand-downs, suspensions, exclusions, and expulsions
85
Secretary may make rules
Subpart 3—Teaching, learning, and well-being
Curriculum and performance measures of schools
86
Curriculum statements and national performance measures
87
Board of State school must consult about delivery of health curriculum
Restrictions on appointment and continued employment of teaching staff
88
Restrictions on appointment of teachers
89
Restrictions on continued employment of teachers
90
Chief executive of distance school not required to be registered
91
Restrictions on teachers subject to interim suspension
92
Further provisions relating to registration of teachers, practising certificates, and authorities to teach
Other restrictions and requirements
93
Teaching in State primary and intermediate schools must be secular
94
Prohibition on corporal punishment and seclusion in
registered
schools
95
Limits on use of physical force at registered schools
96
Rules on use of physical force at registered schools
97
Guidelines on use of physical force at registered schools
98
Students at State school
s
may be released from tuition or for outside tuition
99
Students at State schools must receive guidance and counselling and their parents must be told about certain things
100
Required police vetting
Subpart 4—Searches and surrender of property
101
Interpretation
102
Surrender and retention of property
103
Searches of clothing and bags or other containers
104
Restrictions on searches under
section 103
105
Limits on
sections 102 and 103
106
Prohibitions on searches by contractors
107
Refusal to produce, reveal, or surrender item
108
Power to search storage containers not affected
109
Rules about surrender and retention of property and searches
110
Guidelines about surrender and retention of property and searches
Subpart 5—Administration of State schools
General provisions
111
When State schools must be open
112
Communities of learning for State schools
113
State schools may use off-site locations approved by Minister
Functions and powers of boards
114
State schools and special institutions must have boards
115
Constitution of boards of State schools
116
Proprietors of State integrated schools may vary number of board members they appoint
117
Boards may alter their constitutions
118
Composition of boards of special institutions
119
Other provisions relating to boards
119A
Status of board
120
Board is governing body
121
Bylaws
122
Objectives of boards in governing schools
123
Staff
124
Boards may appoint
, suspend, and dismiss
principal
125
Principal is chief executive of board in relation to school’s control and management
126
Board has complete discretion
127
Things boards may do
128
Board’s policies and practices must reflect cultural diversity
129
Statements of variance and annual reports
130
Audit
131
Annual report to be made available
132
Annual financial statements of boards
Strategic planning and reporting
133
School strategic plan and annual implementation plan
134
Preparing draft strategic plan
135
Secretary to review and approve draft strategic plan
136
Amending strategic plan
137
Expiry of strategic plan
138
Preparing annual implementation plan
139
Amending annual implementation plan
140
Board to monitor performance against strategic planning documents
141
Strategic planning documents to be on Internet site
Validity of acts and liability
141A
Acts in breach of statute are invalid
141B
Some natural person acts protected
141C
Acts that are not in best interests of board
141D
Dealings between boards and other persons
141E
Personal liability of board members
Financial and property matters and application of Crown Entities Act 2004
142
Board to be financially responsible
143
Application of Crown Entities Act 2004
144
Restrictions on acquisition of securities
145
Restrictions on borrowing
146
No delegation of power to borrow
147
Restrictions on giving of guarantees and indemnities
148
Restrictions on use of derivatives
149
Gifts
150
Real property
150A
Occupancy of property and buildings
150B
Leases and licences granted by boards
150C
Other agreements to occupy school land or buildings
Programmes and monitoring
151
Teaching and learning programmes
152
Monitoring of and reporting on student performance
Code of conduct
153
Code of conduct for board members
154
Boards may augment code of conduct for board members
155
Board members must comply with code of conduct
156
Sanctions for failures to comply with code of conduct
Validation
157
Validation and invalidation of board elections
Interventions in State schools
158
Interventions in State schools by Secretary or Minister
159
Requirement to provide information
160
Specialist help
161
Action plans
162
Case conference
163
Specialist audit
164
Performance notice
165
Appointment of additional board member by Minister
166
Amendment and revocation of notices
167
Limited statutory manager
168
Dissolution of board and appointment of commissioner
169
No compensation for loss of office
170
Commissioners
171
Commissioner sets date for election of board members
172
Protection
Personal liability
of limited statutory managers and commissioners
173
Annual review of interventions
174
Application of interventions to State integrated schools
175
Application of interventions to Kura Kaupapa Māori
Subpart 6—Establishment and designation of State schools
176
Overview: classifications and types of State schools
177
Minister may establish State schools
178
Single-sex schools
179
Names of State schools
180
Normal schools, etc
181
Contributing schools
182
Provision of education at composite schools
183
Distance schools
184
Specialist schools and special services
185
Minister may change classification of school
186
Minister may close State school
187
Minister may designate and redesignate schools
188
Kura Kaupapa Māori
189
Te Aho Matua
190
Protection of term Kura Kaupapa Māori
191
Designated character schools
192
Process for establishing designated character schools
193
Minister may merge schools
194
Restrictions on mergers in certain cases
194A
Property held in trust
195
Consultation
196
Community education forums
197
State integrated schools part of State system
198
Application to negotiate integration
Subpart 7—Private schools
199
Secretary may require application for registration of school
200
Registration of private schools
Subpart 8—Secondary–tertiary programmes
201
Recognition of secondary–tertiary programmes
Subpart 9—Resolving serious disputes
202
Purpose
203
Meaning of serious dispute
204
Dispute resolution panels
204
Dispute resolution panels
205
Chief Referee and deputy chief referees
206
Functions of Chief Referee
207
Application for dispute resolution
Application for dispute resolution
207
Application for dispute resolution
207A
Form of application
207B
Procedure on receipt of application
207C
Grounds for declining application
208
Dispute resolution process
Dispute resolution process
208
Appointment of mediator
208A
Panel may make recommendation or determination
209
Recommendations
210
Further provisions relating to determination
Determinations
211
Participation in dispute resolution process
211
Participation in dispute resolution process
Settlements
212
Settlements
General provisions
212A
Duty to comply with prescribed processes or procedures
213
Duty of panel members to act independently
213
Duty to act independently
213A
Conflicts of interest
214
Panel members not personally liable
214
Personal liability of Chief Referee and deputy chief referees
214A
Personal liability of panel members and mediators
215
Confidentiality
Subpart 10—Miscellaneous provisions
216
School transport
217
School transport assistance
218
Enrolment records
219
Building Act 2004
Subpart 11—Offences
220
Offence relating to failure to comply with notice given under
section 44
221
Offence relating to employing school-age children
222
Offence relating to insulting, abusing, or intimidating teachers or staff members of registered schools
223
Offence relating to interference with attendance officers
224
Offence relating to failure to enrol
225
Offence relating to irregular attendance
226
Hearings of proceedings may be private
227
Evidence of school roll, etc
228
Burden of proof on parents
229
Fines to be paid to board
230
Offences relating to operation of private schools
Part 4
Tertiary
education
and vocational education and training
231
Outline of Part 4
232
Purpose of Part 4
Subpart 1—Preliminary matters
233
Objectives of Part 4
234
Roles within tertiary education
and vocational education and training
sector
s
235
Ministry may hold and disseminate information
236
Enrolment of students
Fees
237
Fees for domestic students
238
Ministerial direction to institutions relating to compulsory student services fees
239
Institutions to give prospective students information about fees
Student loans and allowances
240
Provisions about student loans and allowances and Student Allowance
s
Appeal Authorities
Subpart 2—Teaching, learning, and well-being
241
Programmes
Student
s
association
s
242
Membership of students association voluntary
243
Prohibition on undue influence
244
Complaints regarding undue influence
245
Students association membership fees
246
Application of
sections 242 to 245
to private training establishments
Subpart 3—Administration of tertiary institutions
246A
Object
247
Academic freedom and institutional autonomy of institutions (other than NZIST)
248
Establishment of institutions
249
Constitution of institutions
250
Disestablishment of institutions
Councils
251
Institutions to be governed by councils
252
Incorporation
253
Common seal
254
Method of contracting
255
Constitution to provide for membership of council
256
Membership of council
257
Certain people disqualified from appointment
258
Matters to be considered when appointing council members
259
Statutes relating to appointment of members by councils of institutions
Functions and duties of councils
260
Functions of councils
261
Duties of councils
Powers of institutions and councils
262
Powers of institutions
263
Powers of councils
264
Statutes
265
Delegation of council’s functions and powers
266
Further provisions relating to delegation
Institutions at risk
267
Criteria for risk assessment of institutions (other than NZIST)
268
Institutions to provide information to TEC if required
Interventions
269
Minister may appoint Crown observer
s for institutions
270
Minister may dissolve council and appoint commissioner
271
Protection
Personal liability
of commissioners
272
Functions, duties, and powers of commissioner
273
Minister to appoint advisory committee
274
Minister may appoint Crown observer
275
Specialist help
276
Performance improvement plan
277
Minister may appoint Crown manager
278
Protection of Crown manager
279
Minister may dissolve NZIST’s council and appoint commissioner
280
NZIST’s council may request intervention
Chief executives of institutions
281
Duties of chief executive
282
Delegation of chief executive’s functions and powers
283
Further provisions applying to delegation
Financial matters and application of Crown Entities Act 2004
284
Bank accounts
285
Proper accounts to be kept
286
How institutions may use income and capital
287
Gifts
288
Council may establish common fund
289
Investment of funds held in common fund
290
Income and capital of common fund
291
Application of money
292
Institutions are Crown entities
293
Annual report
294
Minister may require related entities to prepare statements or reports
295
Annual report to be available for inspection
Miscellaneous provisions
296
Records relating to students
297
Secretary may require information
Vice-Chancellors committee
298
Vice-Chancellors Committee continued
299
Functions of Vice-Chancellors Committee
300
Powers of Vice-Chancellors Committee
Subpart 4—New Zealand Institute of Skills and Technology
301
NZIST
established
continued
302
Functions of NZIST
303
NZIST’s charter
304
Minister may specify administrative regions for NZIST
305
Academic freedom of NZIST
306
NZIST must establish regional divisions
NZIST’s council
307
Membership of NZIST’s council
308
Matters to be considered when Minister appoints members to NZIST’s council
309
Chairperson and deputy chairperson
310
Term of office
Additional provisions applying to NZIST’s council and subsidiaries
311
Determination of policy
312
NZIST’s council must establish advisory committees
313
Membership of advisory committees
314
NZIST and NZIST subsidiary must obtain consent for certain capital projects
314
NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
315
NZIST subsidiary must obtain consent before exercising
powers under
section 262(4)
certain powers
Interventions
relating to NZIST
316
Criteria for risk assessment of NZIST and related entities
317
NZIST or related entity must provide information if required
317A
Minister may appoint Crown observer for NZIST
317B
Specialist help
317C
Performance improvement plan
317D
Minister may appoint Crown manager for NZIST
317E
Personal liability of Crown manager
317F
Powers may be used concurrently
317G
Minister may dissolve NZIST’s council and appoint commissioner
317H
NZIST’s council may request intervention
Application of Crown Entities Act 2004 to NZIST’s council
318
Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
Specific
Further
provisions relating to NZIST subsidiaries
319
Formation of NZIST subsidiaries
and provisions that apply
320
Duration of NZIST subsidiaries
321
NZIST council may dissolve NZIST subsidiary
322
Application of
Schedule 14
Subpart 5—Private training establishments
323
Minister may recognise community tertiary education provider
324
Requirement to be registered before providing approved programmes or training schemes
Applications for registration
325
Application for registration as registered establishment
326
NZQA may verify identity of governing members of private training establishment
Determination of application
327
Grant or refusal of application
328
Criteria for determining whether governing member is fit and proper person
Conditions and other requirements of registration
329
Conditions of registration
330
Annual registration fee
Cancellation and lapse of registration
331
Cancellation of registration
332
Effect of cancellation
333
Lapse of registration
Fees for domestic students
334
Fees for domestic students and employers may not exceed maximums set in conditions of funding
Information that must be given to prospective students
335
Information that private training establishments must give prospective students
Protection of student fees
336
Application of rules relating to student fee protection
337
Student fees must be deposited with independent trustee
338
Refund entitlements of domestic students
339
Rules apply if students withdraw because of programme or training scheme closure
340
Requirement that funds be paid applies to all components of fee payable
341
Ministerial direction to registered establishments relating to compulsory student services fees
Student records
342
Duties of private training establishments to maintain student records
Subpart 6—
Work-based training
Vocational education and training
343
Training
contracts
agreements
and apprenticeship training agreements part of employment agreement
Workforce development councils
344
Establishment of workforce development councils
345
Disestablishment of workforce development councils
346
Incorporation
347
Functions of workforce development councils
348
Workforce development council’s functions in relation to wānanga
349
Workforce development council may not operate registered establishment
350
Obligations
Duties
of workforce development councils
351
Annual fee payable by workforce development council
352
NZQA may issue quality assurance improvement notice
353
NZQA may issue compliance notice
Audit
353A
Application of Public Audit Act 2001
Validity of acts
353B
Act in breach of statute invalid
353C
Some natural person acts protected
Apprenticeships
354
Apprenticeship training activities must be included in proposed plan
355
Obligations
Duties
of persons carrying out apprenticeship training activities
356
Minister may issue apprenticeship training code
357
Availability of apprenticeship training code
358
Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
Training levy
359
Purpose of levy
360
Levy may be imposed by Order in Council
360A
Orders are confirmable instruments
361
Restrictions on making of levy orders
362
Further provisions relating to training levy
Subpart 7—Offences
363
Offences relating to information requests
from MSD
364
Other offences relating to information requests
from MSD
365
Offences relating to handling student
s
fees
366
Offences relating to duties to maintain student records
368
Offences relating to use of certain terms
369
Offences relating to false representations
370
Offence to issue false qualifications and falsify records
371
Offence to provide or advertise cheating services
372
Offence relating to registration of private training establishments
373
Offences relating to enrolment of international students at private training establishments or institutions
374
Offences relating to allowances and student loans
General provisions relating to offences
375
Injunctions and orders of High Court
376
Liability of body corporate and directors in respect of certain offences
Part 5
Performance, funding, and support
377
Outline of Part 5
Subpart 1—Tertiary Education Commission
Preliminary provisions
378
Outline of framework for planning, funding, and monitoring in tertiary education sector
TEC
Tertiary Education Commission
379
TEC continued
380
Composition of TEC
381
Chief executive
382
Responsibilities of chief executive
383
Chief executive must monitor and report on institutions
383A
Additional requirement of NZIST’s council to provide information
384
Declaration of interests
385
Principles guiding how TEC operates
386
Functions of TEC
386A
Certain powers may not be delegated
387
Duties of TEC in relation to workforce development councils
388
Power of TEC to require information from workforce development council
389
Power of TEC to audit workforce development councils
390
Secretary may delegate certain functions and powers to TEC
390A
Minister may delegate functions or powers to TEC
390B
Minister may direct TEC
391
Charging
392
Application of Commerce Act 1986
393
Minister may delegate functions or powers to TEC
394
Minister may direct TEC
395
Chief executive of TEC may require NZIST’s council to provide information
Funding mechanisms
396
Minister must determine design of funding mechanisms
396A
Restrictions on design of funding mechanisms
396B
Funding mechanisms consistent with quality assurance principle
396C
TEC to implement funding mechanisms
396D
Variation of determination of design of funding mechanisms
396E
Criteria for assessing proposed plans
397
TEC may fund tertiary education programmes and activities
398
Conditions on receiving funding
398A
TEC may decline to assess proposed plans
399
Funding other than via plans
400
Conditions on funding received under
section 399
Subpart 2—New Zealand Qualifications Authority
401
NZQA continued
402
Constitution
403
Chief executive of NZQA
404
Functions of NZQA
405
Additional functions of NZQA relating to entrance to universities
406
Research
Qualifications framework
407
Qualifications Framework
Directory of Assessment Standards
408
Directory of Assessment Standards
409
Standard-setting bodies
410
Approval of programmes
411
Conditions on programme approvals
Accreditation to provide approved programmes
412
Accreditation to provide approved programmes
413
Conditions on accreditation
414
Lapse of accreditation
415
Withdrawal of accreditation
Training schemes and consents to assess against standards
416
Application for training scheme approval
417
Conditions of training scheme approval
418
Lapse of training scheme approval
419
Withdrawal of training scheme approval
Consent to assess against standards
420
Consent to assess against standards
421
Conditions on consent
422
When consent expires or ceases to have effect
Rules
423
Rules
Functions and powers of NZQA in relation to universities
424
Exercise of certain powers of NZQA by Vice-Chancellors Committee
Granting of awards
425
Powers of NZQA in granting of awards
426
NCEA may not be
awarded
provided
outside New Zealand
Use of certain terms in name or description of registered establishment or wānanga
427
Minister may consent to use of certain terms in name or description of registered establishment or wānanga
Fees
428
Fees
Enforcement powers of NZQA
429
Power to obtain information
430
Compliance notices
Miscellaneous provisions
431
Membership of Government Superannuation Fund
432
Child care allowances
433
Taxation
Subpart 3—Education Review Office
434
Education services to which this subpart applies
435
Chief Review Officer to perform certain functions
435A
Information requests
436
Review officers
437
Powers of entry and inspection for places other than dwelling houses
438
Review officers to prove identity
Provisions concerning students with enrolment exemption
439
Functions of Chief Review Officer
440
Review officers
441
Powers of review officers for purposes of
section 439
442
Review officers to prove identity before acting under
section 441
Provisions concerning hostels
443
Functions of Chief Review Officer
444
Review officers
445
Powers of review officers for purposes of
section 443
446
Review officers to prove identity before acting under
section 445
Subpart 4—Teaching Council
447
Continuation of Teaching Council
448
Composition of Teaching Council
449
Ministerial appointment as member
450
Disqualification from office
450A
Purpose of Teaching Council
451
Functions of Teaching Council
452
Powers of Teaching Council
453
Ministerial powers
454
Issue of statement of Government policy relating to Teaching Council’s functions
455
Reports
456
Advisory committees
457
Code of conduct
458
Teaching Council to make rules
459
Delegations
460
Chief executive and employees
Mandatory reporting
461
Mandatory reporting of dismissals and resignations
462
Mandatory reporting of complaints received about former employees
463
Mandatory reporting of possible serious misconduct
464
Mandatory reporting of failure to reach required level of competence
465
Mandatory reporting of convictions
Disciplinary functions
466
Disciplinary bodies
467
Complaints about conduct
468
Complaints and reports relating to teacher conduct
469
Powers of Complaints Assessment Committee
470
Interim suspension until matter about or involving possible serious misconduct concluded
471
Duration of interim suspension
472
Powers of Disciplinary Tribunal
473
Evidence at Disciplinary Tribunal hearings
474
Powers of Disciplinary Tribunal in relation to witnesses
475
Privileges and immunities
476
Appeals
from
against
decisions of disciplinary bodies
Review of competence
476A
Competence Authority
477
Complaints about competence
478
Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
478A
Powers of Competence Authority after finding required level of competence not attained
478B
Appeals
from
against
decisions of Competence Authority
Subpart 5—Education New Zealand
479
Education New Zealand continued
480
Functions
481
Membership of board of Education New Zealand
482
Special advisers to
the
board
483
International education advisory committee
484
Chief executive
485
Responsibilities of chief executive
486
Superannuation
487
Application of Part 2 of Commerce Act 1986
Subpart 6—International students
488
Purpose of
subpart 6
International students at schools
489
Enrolment of international students
490
Certain international students may enrol at State schools as of right
491
Fees for international students
492
Exemption from paying fees
493
Board must reimburse the Crown for expenditure relating to international students
494
Courses for international students
International students at tertiary
education
and vocational education
and training institutions
495
Enrolment of international students
496
Fees for international students
497
Requirements that private training establishments must comply with before enrolling international students
498
Exemptions
499
Refund entitlements of international students
500
Refund requirements set by
Gazette
notice
501
Private training establishment to notify immigration officer if student withdraws from programme or training scheme
Subpart 7—Pastoral care of students
Enrolment of international students
502
Signatory providers may enrol persons as international students
503
Providers must enrol persons as international students in certain circumstances
Pastoral care of domestic and international students
504
Pastoral care codes of practice
504A
Sanctions for breach of code
Dispute resolution
505
Student contract dispute resolution scheme established
506
Cap on amount to be paid
507
District Court to enforce DRS
508
Rules of student contract dispute resolution scheme
Export education levy
509
How export education levy may be applied
Subpart 8—Offences
509A
Offence relating to
award of
providing or offering to provide
NCEA outside New Zealand
510
Offence relating to failure to report
certain matters to Teaching Council
511
Other offences
512
Offence relating to breach of code resulting in serious harm to or death of students
513
Pecuniary penalty relating to breach of code
514
Relationship between offences and penalties
Part 6
Administration of education system
515
Outline of Part 6
Subpart 1—Funding
516
Funding of certain early childhood services and certified playgroups
517
Loans to licensed early childhood services
518
Grants and supplementary grants
for
to
boards
519
Discretionary grants
for
to
boards
520
Minister may prescribe exemptions to mandatory condition
521
Application of Legislation Act 2012
522
Effect of non-compliance with
conditions of
earlier discretionary grants
523
Grants for distance schools
524
Grants to educational bodies
525
Educational bodies to keep accounts
526
Reduction in grants if limits not met
526A
School transport
Subpart 2—Property and assets
527
Centres situated on
property
land
owned by, or leased to, the Crown
528
Minister may declare land
to be
no longer needed for educational purposes
529
Rent for teachers’ residences
530
Transfer of Crown assets and liabilities to institutions
531
Transfer of land
532
Title to land
533
Land certification
534
Māori land claims
535
Registrar-General of Land to register memorial
536
Resumption of land on recommendations of Waitangi Tribunal
537
Resumption of land to be
effected
acquired
under Public Works Act 1981
538
Resumption of wāhi tapu
539
Orders in Council relating to transfer of assets and liabilities
540
Effect of disestablishment of institution
541
Taxes and duties where disestablished institution incorporated into another institution
542
Taxes and duties in other cases
School
risk-management
risk management
schemes
543
School
risk-management
risk management
scheme
544
School
risk-management
risk management
scheme fee
Subpart 3—Payment of salaries
545
Payroll service
546
Salaries of teachers at certain schools to be paid by the Crown
547
Restrictions on payment of salaries of regular teachers by boards of payrolled schools
548
Payment of salaries of relieving teachers and employment-based trainee teachers
549
Limits on appointment and employment of regular teachers at payrolled schools
550
Boards to comply with limit
551
Secretary may grant exemptions in individual cases
Subpart 4—Employment matters
Education service
552
Application of Employment Relations Act 2000
553
Negotiation of conditions of employment
554
State Services Commissioner’s powers when collective agreements are negotiated
555
Boards indemnified by State Services Commissioner
556
Strikes in schools to be notified
557
Employers
Boards
to notify State Services Commissioner about participation in strikes
558
Personal grievances and disputes
559
Delegation of State Services Commissioner’s powers
560
Negotiation of conditions of employment for employees of institutions
561
Senior positions at institutions
562
Actual conditions of employment
563
Immunity for education service chief executives and employees
563
Personal liability of education service chief executives and employees
Personnel provisions in relation to education service
564
General principles
565
Code of conduct
566
Performance of teachers
567
Equal employment opportunities
568
Employees of institutions
569
Duty to act independently
570
Appointments on merit
571
Obligation to notify vacancies
572
Restriction of compensation for technical redundancy arising from closure or merger of schools
573
Appointment of employees following closure or merger of schools
574
Acting appointments
Senior appointments in education service
575
Chief executives of institutions
576
Appointment of chief executive
577
Reappointment of chief executive
578
Conditions of employment of chief executive
579
Removal from office
580
Acting chief executive
Employment of others
581
Power of Secretary to employ teachers
582
Employment-based trainee teaching positions
583
Bonds for
Agreements with
trainee teachers
584
Minister must issue eligibility criteria relating to appointment of principals
585
Board may develop additional criteria relating to appointment of principals
Subpart 5—Information and reporting
586
Secretary may require information for administration of Act
587
Report on performance of school sector
588
National student numbers
Subpart 6—Entry and inspection
Review officers
588A
Powers of entry and inspection for places other than dwelling houses
588B
Review officers to prove identity before acting under
section 588A
Early childhood
education
services
589
Power to enter and inspect, without warrant, homes used by
licensed
home-based
early childhood
education
and care
services
589A
Review officers to prove identity before acting under
section 589
590
Powers of entry and inspection without warrant
591
Powers of entry and inspection with warrant
Schools
592
Powers of entry and inspection
593
Entry where private school suspected of being unregistered
School hostels
594
Purpose of
sections 595, 596, and 606
595
Entry to inspect hostels
596
Authorised persons
Student accommodation
596A
Entry to inspect student accommodation subject to codes
Private training establishments
597
Powers of entry and inspection
Other entry and inspection provisions
598
Entry and inspection powers elsewhere in Act
Subpart 7—Regulations
and directions
Regulations
599
Regulations relating to
licensing
early childhood services
600
Regulations relating to
certification of
certifying
playgroups
601
Regulations relating to how
State
schools must be run
602
Regulations
about
relating to
planning, implementation, monitoring, and reporting
603
Regulations
about
relating to
board elections
and appointments
604
Export
Regulations relating to imposition of export
education levy
605
Regulations relating to school
risk-management
risk management
scheme
606
Regulations relating to school hostels
607
Regulations relating to dispute resolution panels
608
Regulations relating to student allowances
609
Procedures to be prescribed
Regulations relating to Student Allowance Appeal Authorities
610
Regulations
for
relating to
charging by TEC
611
Regulations
611
Regulations relating to pastoral care
611A
Regulations relating to national student numbers
612
Regulations relating to State integrated schools
612A
Regulations relating to composite schools
612B
General regulations
Directions
612C
Directions relating to COVID-19
Subpart 8—Offences
613
Offence relating to attempt to influence employer
s
614
Offences relating to national student numbers
615
Offences relating to false representations
616
Offence relating to obstructing power of entry
617
Offence relating to inspection of hostels
618
Offence relating to powers of entry and inspection
619
Offence relating to breach of order of Student Allowance Appeal Authority
Subpart 9—Consequential amendments
and repeals
, repeals, and revocations
620
Consequential amendments
621
Repeals
and revocations
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Special institutions
Schedule 3
Teacher registration, practising certificates, and other matters
Schedule 4
Police vetting
Schedule 5
Communities of learning for State schools
Schedule 6
State integrated schools
Schedule 7
Private schools
Schedule 8
Secondary–tertiary programmes
Schedule 9
Student allowances and administration of student loans
Schedule 10
Composition and operation of Student Allowance
s
Appeal Authorities
Schedule 11
Councils
Schedule 12
Administrative provisions applying to Vice-Chancellors Committee
Schedule 13
NZIST’s charter
Schedule 14
Provisions applying on dissolution of NZIST subsidiary
Schedule 14A
Further provisions of Act that apply and do not apply to NZIST subsidiaries
Schedule 15
Provisions relating to training levy
Schedule 16
Matters to be specified in levy orders
Schedule 17
TEC
Schedule 18
Teaching Council
Schedule 19
Enrolment schemes
Schedule 20
When State schools must be open
Schedule 21
Constitution of boards of State schools
Schedule 22
Electing and co-opting board members to boards of State schools, term of office of board members, and eligibility
Schedule 23
National student numbers
Schedule 23A
Directions relating to COVID-19
Schedule 24
Consequential amendments
and revocations
Legislative history
The Parliament of New Zealand enacts as follows: