In these regulations, unless the context otherwise requires,—

Any term or expression that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

The name of a board is “The [name of school or institution] Board”.

Two boards may agree in writing—

An agreement under subclause (1) does not absolve a board from any responsibilities imposed by the Act.

A board may resolve to do work for other educational services and social services if—

Students enrolled at a State school may, by agreement between the boards concerned, receive tuition at or from another State school.

Students enrolled at a State school may, by agreement between the board and the sponsor, receive tuition at or from a charter school.

The board of the State school at which the students are enrolled may pay the board of the other State school or the charter school giving the tuition.

Tuition provided under this regulation may be delivered through any medium, including digital technology.

This regulation applies if the Minister is satisfied that facilities at a State school were provided or constructed for the use of students enrolled at more than 1 State school.

The Minister may, by written notice to the school’s board, require the board (in accordance with any arrangements specified in the notice) to do either or both of the following:

A notice under subclause (2) must provide for the making of payments by the board of the school at which the students required to be provided with tuition are enrolled to the board of the school whose facilities are to be used; and payments must be made in accordance with the notice.

A board may, by resolution and in writing either generally or specifically, delegate any of the functions or powers of the board or of a board member to any of the following persons:

Subclause (1) does not apply to any functions or powers specified in the Act as not being capable of delegation.

The board must not delegate the general power of delegation.

A person to whom any function or power is delegated may perform the function or exercise the power in the same manner and with the same effect as if the person were the board or board member (subject to any restrictions or conditions imposed by the board).

A person purporting to act under a delegation—

A person to whom any function or power is delegated may delegate that function or power only—

A delegation under subclause (1)—

A board may, by resolution, appoint committees—

A person must not be appointed as a member of a committee unless, before appointment, the person discloses to the board the details of any financial interest that would disqualify the person from being a board member under clause 10 of Schedule 23 of the Act.

Regulation 8 applies, with any necessary modifications, to each member of a committee who is not a board member.

Except as provided in these regulations, a board may determine its own procedure.

A board must appoint a board member (not being the principal or a staff or student representative) to preside at meetings of the board.

The appointment must be made—

If the presiding member is not present at a meeting of the board, a board member (not being the principal or a staff or student representative) appointed by the board at the meeting must preside.

A board must hold a meeting no later than 3 months after the date of its previous meeting, at a time and place determined at the previous meeting.

If, at any meeting of the board, the board does not determine a time and place for its next meeting, the time and place of its next meeting must be determined—

A meeting of the board may be held—

No business may be transacted at a meeting of the board unless more than half the board members then holding office are present.

Every question before a board must be decided by a majority of the votes cast on it by the board members who are present at a meeting of the board.

The presiding member has a deliberative vote on every question and, on any question where deliberative votes for and against are equal, also has a casting vote.

A board member who has a pecuniary interest in any matter or any interest that may reasonably be regarded as likely to influence a board member in carrying out their duties and responsibilities as a member must be excluded from a meeting of the board while it discusses, considers, considers anything relating to, or decides the matter.

A board member who is a member of the board staff must be excluded from a meeting of the board while it discusses, considers, considers anything relating to, or decides any matter relating to—

A board member who is a student enrolled at the school or institution must be excluded from any meeting of the board while it discusses, considers, considers anything relating to, or decides any matter relating to the board member as an individual student.

However, a board member may attend a meeting referred to in subclause (1), (2), or (3) to give evidence, make submissions, or answer questions.

If a casual vacancy occurs, the presiding member, or, if there is no presiding member, the principal, must fix a place for a meeting of the board to deal with the vacancy on a day that is—

A resolution of the board signed or assented to in writing (whether sent by post, courier, or electronic communication) by all board members is as valid and effectual as if it had been passed at a meeting of the board.

The resolution may consist of several documents containing the same resolution, each signed or assented to in writing by 1 or more board members.

A board’s common seal may be affixed to a document only in accordance with a resolution of the board.

A document to which the seal is affixed must be signed by 2 persons, each of whom is a member of the board.

The Minister may, by notice in the Gazette, fix a scale of maximum fees and payments to be made to board members.

A board member may be paid, out of the board’s funds and in accordance with the scale, travel costs, and attendance fees fixed by the board.

In determining the attendance fees paid to board members, a board must have regard both to loss of income and to the cost of child care.

The board of a school must promote healthy food and nutrition for all of the school’s students.

The board of a school, together with the school’s principal and teaching staff, must use good quality assessment or aromatawai information to report to each student at the school and their parents on the student’s progress and achievement.

The reports must—

In this regulation, good quality, in relation to assessment or aromatawai information, means that the information draws on a range of evidence to evaluate the progress and achievement of each student and build a comprehensive picture of that student’s learning.

The board of a State school (other than Te Aho o Te Kura Pounamu) must prohibit students from using or accessing mobile phones at all times while they are attending school.

The board may do anything within its powers that it thinks is necessary or desirable to implement the prohibition.

However, the board must ensure that the prohibition does not apply to a student to the extent that—

The board must ensure that the prohibition takes effect no later than 29 April 2024.