Teaching Council Rules 2016

  • Editorial changes made in rules 66B and 66E on 22 October 2021 under section 87(l)(i) of the Legislation Act 2019.

Version as at 22 October 2021

Coat of Arms of New Zealand

Teaching Council Rules 2016

(LI 2016/122)

Rules name: amended, on 29 September 2018, by section 12 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Teaching Council of Aotearoa New Zealand.

Pursuant to section 388 of the Education Act 1989, the Teaching Council of Aotearoa New Zealand, after consulting in accordance with subsection (3) of that section, makes the following rules.

Enacting statement: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Interpretation
4Overview
5Transitional, savings, and related provisions
6Notices
Part 2
Making report or complaint to Teaching Council
7Application of this Part
8Form of report or complaint
Part 3
Criteria for reporting serious misconduct
9Criteria for reporting serious misconduct
Part 4
Investigation and referral of report, complaint, or other matter by chief executive
10Application of this Part
11Investigation and referral of report or complaint by chief executive
12Notification to teacher and current employer of referral of report or complaint
Part 5
Procedures of Complaints Assessment Committee for dealing with reports and complaints that relate to teacher conduct
13Application of this Part
Process for investigation of reports and complaints
14Referring reports and complaints to Complaints Assessment Committee and allocation to investigator
15Investigator to carry out investigation
16Teacher’s response to investigation report
Procedure of Complaints Assessment Committee
17Meeting of Complaints Assessment Committee regarding report or complaint
Notice of decision and referral to Disciplinary Tribunal
18Notice of Complaints Assessment Committee’s decision
19Referral to Disciplinary Tribunal
20Notice of charge or referral
Part 6
Proceedings in Disciplinary Tribunal
21Application of this Part
Who conducts hearing and who are parties in Disciplinary Tribunal
22Who conducts hearings
23Parties
Procedure of Disciplinary Tribunal
24Disciplinary Tribunal regulates own procedure
25Procedural and administrative orders
26Power to amend charge or notice of referral
27Notice of hearing
28Replacement of member if conflict of interest
Restrictions on who may be present when hearing held in private
29Persons who may be present when hearing held in private
Revocation of order prohibiting publication
30Application for revocation of order prohibiting publication
Evidence and powers of investigation of Disciplinary Tribunal
31Evidence
32Powers of investigation
33Service of summons
34Special protection for certain witnesses and vulnerable people
Orders of Disciplinary Tribunal
35Orders of Disciplinary Tribunal
Interim suspension
36Determination of application for interim suspension
37Notice of interim suspension
Part 7
Competence
38Application of this Part
Investigation and report regarding competence issues
39Process before investigation
40Investigation by professional practice evaluator
41Report prepared by professional practice evaluator
Actions following report prepared by professional practice evaluator
42Actions following report prepared by professional practice evaluator that recommends conditions be imposed
43Actions following report prepared by professional practice evaluator that makes other recommendations
44Teacher’s response if report referred to Competence Authority
45Meeting of Competence Authority
46Replacement of member if conflict of interest
47Conditions imposed
Notice of decision and disposal of matter
48Notice of decision of Competence Authority
Part 7A
Application for teacher registration referred to Registration Panel
48AApplication of this Part
Referral of application for registration to Registration Panel
48BNotification of referral of application to Registration Panel
Procedure of Registration Panel
48CMeeting of Registration Panel regarding application for registration
48DReplacement of members if conflict of interest
Notice of decision of Registration Panel
48ENotice of Registration Panel’s decision
Part 8
Establishment, membership, and operation of disciplinary bodies, Competence Authority, and Registration Panel
Complaints Assessment Committee
49Establishment of Complaints Assessment Committee
50Powers of Complaints Assessment Committee
51Operation of panels of Complaints Assessment Committee
52Validity of proceedings
Disciplinary Tribunal
53Establishment of Disciplinary Tribunal
54Chairperson of Disciplinary Tribunal
55Operation of panels of Disciplinary Tribunal
56Validity of proceedings
Competence Authority
57Establishment of Competence Authority
58Membership of Competence Authority
58AOperation of panels of Competence Authority
58BCo-opted members
58CValidity of proceedings
Investigators and professional practice evaluators
59Powers of investigators and competence assessors
60Investigators and professional practice evaluators not personally liable and indemnity
Registration Panel
60AMembership of Registration Panel
60BPowers and functions of Registration Panel
Appointments to disciplinary bodies and Competence Authority
61Term of appointment to disciplinary body, Competence Authority, or Registration Panel
62Ceasing to hold position on disciplinary body or Competence Authority
Conflicts of interest and confidentiality
63Conflict of interest
64Confidentiality
Part 9
Police vetting of applicant for registration as teacher, practising certificate, or limited authority to teach
65Procedures for Police vetting of applicants
66Rights of person being vetted in relation to personal information
Part 9A
Refresh process
66AApplication of this Part
66BInterpretation
66CRefresh process for renewal of provisional practising certificates
66DRefresh process for renewal of full category 1 practising certificates or full category 2 practising certificates
66ERefresh process for renewal of relevant practising certificates for teachers who taught overseas and lack satisfactory recent teaching experience
Part 10
Revocations
67Revocations
Schedule 1
Transitional, savings, and related provisions
Gazette Information
Notes