The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Education.

These regulations are made under section 638 of the Education and Training Act 2020 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Education (School Attendance) Regulations 2024.

2 Commencement

These regulations come into force on 1 January 2025.

3 Application

(1)

Regulations 5A to 5C apply only to State schools (other than distance schools) on and after the first day after 25 January 2026 on which the school is open for instruction.

(2)

Regulations 6 and 7 apply to only to State schools (other than distance schools) on and after—

(a)

1 July 2025, in relation to a State school that is governed by a specified kura board:

(b)

1 January 2025, in relation to any other State school.

Regulation 3: replaced, on 15 January 2026, by regulation 4 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

4 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Education and Training Act 2020

attendance management plan, for a school, means an attendance management plan required by section 137A of the Act

attendance record, for a student, means the record kept under section 237A of the Act in relation to the student

specified kura board means the board of any of the following:

(a)

a Kura Kaupapa Māori:

(b)

a designated character school with a character that is hapū- or iwi-based or that affiliates with Ngā Kura ā Iwi o Aotearoa:

(c)

a State integrated school with a special character that is hapū- or iwi-based.

Regulation 4 attendance management plan: inserted, on 15 January 2026, by regulation 5 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Attendance management plans

Heading: inserted, on 15 January 2026, by regulation 6 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

5A Thresholds for actions and responses under attendance management plan

The thresholds of absence that trigger a school’s actions and responses under its attendance management plan in respect of a student are 5, 10, and 15 days of non-attendance by the student at the school within a school term.

Regulation 5A: inserted, on 15 January 2026, by regulation 6 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

5B Contents of attendance management plan

An attendance management plan must—

(a)

set out the board’s overarching attendance objectives and strategic priorities relating to student absences; and

(b)

specify the processes that the school uses to identify—

(i)

patterns of student absence:

(ii)

students’ barriers to attendance:

(iii)

any underlying causes of student absence; and

(c)

explain how the board will monitor and measure progress relating to student attendance (including, without limitation, through any targets set by the board or the Government); and

(d)

describe the strategies, actions, or interventions that the board will use at each of the thresholds of absence specified in regulation 5A to address the underlying causes of student absence; and

(e)

contain a statement that each time a student reaches a threshold of absence specified in regulation 5A, the board will—

(i)

investigate that student’s absences; and

(ii)

respond to those absences in accordance with the school’s strategy and processes for responding to the relevant threshold of absence; and

(iii)

record the action the board has taken in relation to those absences (including where no action was taken, and why).

Regulation 5B: inserted, on 15 January 2026, by regulation 6 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

5C Review of attendance management plan

A board must review its attendance management plan at least once every 3 years or when directed to do so by the Secretary.

Regulation 5C: inserted, on 15 January 2026, by regulation 6 of the Education (School Attendance) Amendment Regulations 2025 (SL 2025/303).

Attendance records

6 Duty to record attendance for each half-day

(1)

The principal of a State school must ensure that the attendance record records the student’s attendance for each half-day that the school is open for instruction.

(2)

However, if the student is no longer attending the school, the principal must ensure that the attendance record records—

(a)

that the student is no longer attending the school; and

(b)

the last day of the student’s attendance.

(3)

The information referred to in subclause (2) must be recorded as soon practicable after the principal knows that—

(a)

the student no longer attends the school on a permanent basis; or

(b)

the student has been unjustifiably absent from the school for 20 consecutive school days or more, unless the principal has been informed that the student’s absence is temporary.

Compare: SR 1951/181 rr 3, 8, 11

7 Duty to provide attendance records to Secretary

The principal of a State school must ensure that the attendance record is provided to the Secretary—

(a)

at the end of each school day; and

(b)

in the form and manner specified in rules made under section 237A of the Act.

Compare: SR 1951/181 r 13

Revocation

8 Revocation

The Education (School Attendance) Regulations 1951 (SR 1951/181) are revoked.

Schedule 1 Transitional, savings, and related provisions

r 5

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, and related provisions relating to these regulations as made.

Rachel Hayward,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 24 October 2024.

Notes

1 General

This is a consolidation of the Education (School Attendance) Regulations 2024 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Education (School Attendance) Amendment Regulations 2025 (SL 2025/303)

Education (School Attendance) Regulations 2024