Part 1 amends the principal Act to—

• establish a new Crown entity, the New Zealand School Property Agency (the NZSPA), whose role will be to manage education property, that is, land, buildings, and associated infrastructure—

  • used or occupied by State schools; or

  • owned by, or leased to the Crown for use by an early childhood service or charter school or for another education purpose; and

• create a statutory role, the Director of Regulation (the Director), and transfer existing functions of the chief executive of the Ministry of Education (the Secretary) and the Minister of Education (the Minister) in relation to hostels and private schools to the Director; and

• tighten exemptions from school attendance; and

• transfer some functions of the Teaching Council to the Secretary; and

• require registered schools to participate in system monitoring studies if selected to do so; and

• consolidate foundation curriculum policy statements and national curriculum statements into curriculum statements; and

• change a State school board’s obligations in relation to the health curriculum; and

• recognise micro-credentials; and

• make various consequential amendments and provide for transitional matters.

Clause 4 amends section 9(2), which lists provisions that relate to Te Tiriti o Waitangi in the context of regulation of the education system. This clause inserts a reference to new section 517F(1)(h), which provides that the NZSPA must support the Crown in its responsibility to give effect to Te Tiriti o Waitangi.

Clause 5 amends section 10, which defines terms used in the principal Act, to—

• insert new definitions, including definitions of education property, school property portfolio, and multi-school contract; and

• repeal the definition of initial teacher education programme; and

• consequentially amend the definition of employment-based trainee teacher so it includes a person who undertakes a subsequent teacher education programme.

Clauses 6 to 8 repeal section 44 and replace sections 45 and 46 to amend provisions that relate to exemptions from school attendance. Currently, both the Secretary and a principal may grant exemptions under different circumstances. As a result of these amendments,—

• the Secretary will no longer be able to grant an exemption from school attendance on the basis of walking distance or for any other reason; and

• a principal will only be able to grant an exemption in circumstances set out in rules made by the Secretary under new section 46.

Clause 9 amends section 90 to consolidate foundation curriculum policy statements and national curriculum statements into a single type: curriculum statements. Curriculum statements may now also differ for different school classifications or designations and different student groups or year levels.

Clause 10 inserts into the principal Act new sections 90A and 90B. New section 90A requires the Secretary to review curriculum statements at least once every 5 years and report to the Minister on any changes they recommend to those statements. New section 90B enables the Minister to make changes to curriculum statements after having regard to the Secretary’s recommendations (if any) and other factors.

Clause 11 replaces section 91, which currently requires a State school board to consult its school community on its health curriculum. Under new section 91, the board is only required to inform the school community about the content of the health curriculum and how it will be delivered, and to remind parents that they may ask the principal to excuse their child from specified parts of the health curriculum related to sexuality education. The board will need to do this on a regular basis, but at least every 3 years or whenever the health curriculum is changed, whichever occurs sooner.

Clauses 12 to 14 amend sections 161 to 163 to transfer the following functions of the Secretary to the NZSPA:

• specifying the terms and conditions that apply to property and building occupancy (section 161):

• providing consent for a board to grant a lease or a licence to any person to occupy any land, buildings, or facilities occupied by the board (section 162):

• identifying the kinds of agreements that boards may enter into in relation to the occupation of school land or buildings and specifying the conditions to which agreements are subject (section 163).

Clauses 15 and 16 consequentially amend sections 164 and 165 to update references to curriculum statements.

Clause 17 inserts into the principal Act new sections 170A to 170C and a cross-heading, which relate to State schools of serious concern.

New section 170A requires the chief executive of the Education Review Office (the Chief Review Officer) to notify the Secretary and the Minister within 2 working days if they form a view that a State school may be of serious concern.

New section 170B requires the Chief Review Officer to give the Secretary and the Minister a written report stating whether the school is of serious concern and, if it is, recommending 1 or more interventions under section 171. The Chief Review Officer must give the report within 28 working days after the Secretary and the Minister receive the notification under new section 170A.

New section 170C requires the Secretary to give the Chief Review Officer and the Minister a written report that sets out the action the Secretary has taken, will take, or recommends that the Minister take in relation to the school of serious concern. The Secretary must give the report within 30 working days after receiving a report under new section 170B.

Clause 18 amends section 171, which sets out interventions the Secretary or the Minister may use in relation to a State school. Under new section 171(3A), the Secretary or the Minister may rely on a report given by the Chief Review Officer under new section 170B when considering whether there are grounds for intervention.

Clause 19 amends section 190, which provides for the Minister to establish a State school. Section 190(2) provides that the decision to establish a State school is in the Minister’s absolute discretion. The amendment inserts new section 190(2A), which provides that this discretion is overridden if new section 212ZEB requires the Minister to establish a State school (see clause 25).

Clauses 20 to 24 relate to charter schools and make amendments that allow for the governing body of a charter school (a sponsor) to enter into a multi-school contract.

Clause 20 amends section 212I, which provides for the Authorisation Board to approve a sponsor to operate a charter school. This amendment inserts criteria that the Authorisation Board must take into account for multi-school contracts and also provides for amending the approval of a sponsor.

Clause 21 amends section 212L, which provides for the Charter School Agency to enter into a contract on behalf of the Crown with a sponsor that allows the sponsor to operate a charter school. This amendment specifies matters that a multi-school contract must set out and provides for variations to a multi-school contract.

Clause 22 amends section 212M, which requires the Minister to notify the establishment of a charter school in the Gazette. The amendment inserts a requirement for the Gazette notice to specify whether the charter school is part of a multi-school contract.

Clause 23 amends section 212O, which sets out a sponsor’s duties. The amendments specify that the duties of a sponsor relate to each charter school covered by the charter school contract and insert new section 212O(2), which allows a sponsor to appoint 1 chief executive to be responsible for the day-to-day management of all schools covered by a multi-school contract entered into by the sponsor.

Clause 24 amends section 212P, which provides for a sponsor to control the management of a charter school, to include a reference to each school covered by a charter school contract.

Clause 25 inserts new sections 212ZEA and 212ZEB and a cross-heading, which relate to replacing a former State school that has become a charter school (a converted school) with a State school.

New section 212ZEA provides for the Authorisation Board to find a replacement sponsor for a converted school if the existing sponsor has given—

• notice of termination of its charter school contract to the Authorisation Board; or

• notice to the Authorisation Board that it will not exercise a right of renewal under the contract.

New section 212ZEB provides for the Minister to establish a replacement State school if the Authorisation Board has not been able to find a replacement sponsor for a converted school. If the converted school was a State integrated school before it was converted, the Minister can only accept an application from the former proprietor of that school and must offer terms that are substantially similar to those in the previous integration agreement. If the converted school was not a State integrated school before it was converted, the Minister must establish a replacement State school of the same type that the converted school was before it was converted. However, the Minister is not obliged to establish a replacement State school if—

• establishing the school would have significant financial implications for the Crown that are not justified; or

• establishing the school would not allow students access to quality schooling or choice about the type of education; or

• there is insufficient support for the replacement school or integration.

Clause 26 amends section 212ZF, which sets out interventions that the Authorisation Board may use in relation to charter schools. Under new section 212ZF(1)(f), the Authorisation Board may remove 1 or more charter schools from a multi-school contract. In addition, the Authorisation Board may replace the existing sponsor with a new one after removing 1 or more charter schools from a multi-school contract. Clause 26 also makes minor consequential amendments.

Sections 213 and 214 provide for the Secretary’s functions in relation to the registration of private schools. Clauses 27 and 28 amend those sections to transfer those functions to the Director.

Clause 29 replaces section 239 as a consequence of the replacement of section 46. It replaces the reference to a notice under section 46 with a reference to a direction under section 82(1)(c), which requires a parent to enrol a child in a distance school in specified circumstances. This offence provision has also been redrafted to align with current drafting practices.

Clause 30 replaces a reference in section 249 to the Secretary with a reference to the Director consequential on the transfer of functions (see clause 28).

Clause 31 inserts a reference to new subpart 5A into section 399, which outlines Part 5 (performance, funding, and support). New subpart 5A relates to the NZSPA (see clause 42).

Clause 32 amends section 452, which sets out what rules the New Zealand Qualifications Authority may make. This amendment allows micro-credentials to be included in a student’s record of achievement.

Clause 33 replaces section 475(1) to change the membership of the Teaching Council. Currently, the Teaching Council must have 13 members (6 Minister-appointed members and 7 elected members). Under new section 475(1), there must be at least 7 members but no more than 9 members (4 to 6 Minister-appointed members and 3 elected members).

Clause 34 amends section 476, which provides for the Minister to appoint members of the Teaching Council. These amendments remove the requirement for the Minister to consult representatives of parent and community interest groups before appointing a member. Section 476(1) and (2) has also been redrafted to align with current drafting practices.

Clause 35 amends section 478 to remove raising the status of the profession as the means by which the Teaching Council achieves its purpose.

Clause 36 amends section 479, which sets out the functions and powers of the Teaching Council. Several functions and powers are transferred to the Secretary (see clause 38), primarily those related to criteria for teacher registration, standards of qualifications, the code of conduct, and establishing and maintaining standards and criteria for ongoing practice and practising certificates.

Under new section 479(3B), the Teaching Council may impose, amend, and revoke the conditions on the approval of teacher education programmes and cancel an approval after consulting the Secretary.

The following functions of the Teaching Council are removed:

• providing direction for teachers:

• enhancing the status of teachers:

• identifying and disseminating best practice in teaching and fostering the teaching profession’s continued development.

Clause 37 amends section 480 to change the consultation requirement for fixing fees and imposing levies. The Teaching Council will now need to consult the Minister as well as registered teachers before fixing a fee or imposing a levy.

Clause 38 inserts new section 480A, which sets out the functions of the Secretary. These include the following functions that were previously performed by the Teaching Council (see clause 36):

• establishing and maintaining—

  • the criteria for teacher registration:

  • standards and criteria for qualifications, ongoing practice, and practising certificates:

  • the code of conduct for teachers:

• performing reviews of the above criteria, standards, and code of conduct every 7 years or at shorter intervals:

• amending or replacing the criteria, standards, and code of conduct following a review.

Clause 39 amends section 485, which relates to the code of conduct that applies to teachers, to replace references to the Teaching Council with references to the Secretary following the transfer of functions. New section 485(1A) specifies that the Secretary cannot delegate the functions and duties under this section.

Clauses 40 and 41 make additional consequential amendments to sections 487 and 495 following the transfer of the code of conduct function to the Secretary. Under section 495, complaints relating to teacher conduct will still need to be addressed to the Teaching Council.

Clause 42 inserts new subpart 5A (new sections 517A to 517Z) into Part 5. This subpart—

• provides that if a Minister (other than the Minister of Education) is given responsibility for the administration of the subpart (or 1 or more sections in it), that person must perform their functions and duties, and exercise their powers jointly with the Minister of Education (new section 517A)

• establishes the NZSPA (new sections 517B and 517C):

• sets out the membership, objective, functions, duties, and powers of the NZSPA and its Board (new sections 517D to 517R):

• sets out the role of the Minister in relation to the NZSPA (new sections 517S to 517Z).

Under new section 517D, the Board of the NZSPA may consist of 5 to 9 members appointed by the Minister.

New section 517E outlines the objective of the NZSPA.

New section 517F sets out the functions of the NZSPA. These primarily relate to managing education property and undertaking building, maintenance, and administration of the education property portfolio on behalf of the Crown.

New section 517G sets out collective duties of the NZSPA Board (which are additional to its duties set out in the Crown Entities Act 2004).

New sections 517H to 517R set out the NZSPA Board’s powers, which include—

• authorising a person to enter and inspect education property, and carry out construction, repairs and maintenance in relation to that property (with additional requirements specified if the education property is a dwelling house):

• recovering money spent on necessary repairs and maintenance:

• requiring information from a relevant person:

• exercising low-level intervention powers in relation to State schools if there is a concern about land, buildings, or associated infrastructure used or occupied by a school, for example, requiring the school board to engage specialist help or prepare and complete an action plan:

• delegating or subdelegating functions and powers to a member, an employee, or the chief executive of the NZSPA Board.

Under new section 517S, the Minister may delegate functions, duties, and powers to the NZSPA Board that are consistent with the Board’s functions and objective as stated in the Act.

Under new section 517T, the Minister may issue a Government policy statement (GPS) to set the overall direction and priorities for school property or the network of State or charter schools. New sections 517U to 517Z are administrative provisions relating to the GPS.

Clause 43 inserts references to new subparts 4A and 5A into section 547, which outlines Part 6 (administration of education system).

Clause 44 amends section 560, which relates to the governing of early childhood education and care centres on Crown land. These amendments replace all references to the Secretary with references to the NZSPA. As a result, the NZSPA will be responsible for notifying an occupancy document and exercising other associated powers.

Clause 45 amends section 598, which relates to the code of conduct that applies to the education service, to require the Secretary, before issuing a code of conduct under this section, to have regard to the teacher code of conduct (see section 485).

Clause 46 inserts new subpart 4A (new sections 618A to 618C) into Part 6. New subpart 4A provides that the Minister may notify system monitoring studies in the Gazette. Selected registered schools must participate in the notified study unless an exemption applies under new section 618B(3).

Clause 47 inserts new subpart 5A (new sections 621A to 621D) into Part 6. New subpart 5A establishes the statutory role of the Director of Regulation in the Education Review Office (ERO) and sets out the Director’s functions and powers. The Secretary’s functions in relation to private schools and hostels are transferred to the Director. The Director may delegate any of the Director’s functions, duties, or powers (with certain restrictions if the delegate is not an employee of ERO or outside the public service). The Director may also appoint regulatory officers (to exercise powers in respect of private schools).

Clause 48 replaces section 628, which relates to powers of entry and inspection. The content remains substantially the same except that, under new section 628, the authorisation powers are spilt between the Secretary and the Director. The Secretary may authorise entry into any registered school and the Director may only authorise entry into a private school.

Clause 49 consequentially amends section 629 as a result of the replacement of section 628.

Clause 50 amends section 632, which enables the Minister to authorise entry to inspect hostels under section 631, to transfer that power to the Director.

Clause 51 consequentially amends section 635, which signposts the powers of entry and inspection elsewhere in the principal Act, to include a reference to new section 517H.

Clause 52 and Schedule 1 insert new Part 8 into Schedule 1 (transitional, savings, and related provisions). New Part 8 provides for transitional matters relating to the transfer of Teaching Council functions, changes related to the Teaching Council’s membership, the replacement of converted schools, the transfer of the Secretary’s and the Minister’s functions relating to private schools and hostels, and the transfer of the Ministry’s functions to the NZSPA.

Clause 53 makes consequential amendments to Schedule 3 (teacher registration, practising certificates, and other matters) by inserting references to new section 480A following the transfer of some Teaching Council functions to the Secretary.

Clause 54 consequentially amends Schedule 6 (State integrated schools) following the insertion of new section 212ZEB.

Clause 55 makes consequential amendments to Schedule 7 (private schools) following the transfer of functions from the Secretary to the Director. The Secretary’s further review under clause 1(4) of that schedule is replaced with a Director’s assessment. Clause 9 (review of private schools) is consequentially updated to reflect this change.

Clause 56 amends Schedule 19 (Teaching Council) to allow the Minister to specify that a member is appointed to the Teaching Council for a period shorter than the standard 3-year term of office. This amendment also enables the Minister, if a member dies or ceases to hold office, to decide whether to appoint a replacement or leave the vacancy open (the restriction that the vacancy had to arise within 6 months of the expiry of the vacating member’s term is removed).

Clauses 57 and 58 amend the Crown Entities Act 2004 to include the NZSPA in the list of Crown agents.

Clauses 59 and 60 amend the Ombudsmen Act 1975 to include the NZSPA in the list of organisations to which that Act applies.

Clause 61 and Schedule 2 make consequential amendments to the Methodist Charitable and Educational Trusts Act 1911 and secondary legislation made under the principal Act.

Clause 62 revokes the Public Service (Chief Executive for School Property) Order 2024.