School Trustees Act 1989
School Trustees Act 1989
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School Trustees Act 1989
School Trustees Act 1989
Public Act |
1989 No 3 |
|
Date of assent |
10 March 1989 |
|
Contents
An Act to provide for the establishment of boards of trustees for State primary, secondary, composite, and correspondence schools, and for certain other educational units
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the School Trustees Act 1989.
(2)
Sections 22 to 24 of this Act shall come into force on the 18th day of May 1989.
(3)
The rest of this Act shall come into force on the day after the day on which it receives the Royal assent.
2 Interpretation
(1)
In this Act, unless the context otherwise requires,—
“Adult student” means a student who has attained the age of 20 years:
“Board” means a board of trustees established under this Act; and—
(a)
In relation to a school, means the school’s board; and
(b)
In relation to a trustee, means the board of which the trustee is a trustee:
“Commissioner” means a person for the time being appointed under this Act to act in place of a board; and, in relation to a board, means a commissioner appointed to act in its place:
“Director-General” means the chief executive of the Department of Education:
“Election year” means a year divisible by 3:
“Immediate caregiver”,—
(a)
In relation to a student who usually lives in a household that includes only one parent, but also includes a person who is married to or has a relationship in the nature of marriage with the parent, means that person; and
(b)
In relation to a student who usually lives in a household that includes only one parent and no person who is married to or has a relationship in the nature of marriage with the parent, but also includes a person who has attained the age of 20 years and has a day to day responsibility for the student clearly greater than that of any other person, means that person; and
(c)
In relation to a student who usually lives in a household that includes neither parent, means any member of the household who has attained the age of 20 years and has a day to day responsibility for the student clearly greater than that of any other person:
“Integrated”, in relation to any school, or any school of a particular class, means for the time being established as an integrated school, or integrated school of that class, under the Private Schools Conditional Integration Act 1975:
“Minister” means the Minister of the Crown for the time being responsible for the administration of this Act:
“Primary school” means a State primary school within the meaning of the Education Act 1964:
“Principal”, in relation to a school or a board, means the school’s principal; and except in section 5(1)(c) of this Act, includes an acting principal:
“School”,—
(a)
In relation to a board, means the board’s school; and
(b)
In relation to a trustee, means the school of whose board the trustee is a trustee:
“School staff”, in relation to any school on any day, means the persons (not being persons who, on that day, are students enrolled full-time at the school) who—
(a)
On that day are permanently appointed to a position in the employment of the board, or a position at the school in the employment of a body established under the Education Act 1964 or of the Director-General; or
(b)
During the period of 2 months ending with that day, have been continuously employed in such a position:
“Trustee” means a trustee of a board; and, in relation to a board or a school, means a trustee of the board or the school’s board.
(2)
Notwithstanding subsection (1) of this section, for the purposes of this Act, a student who—
(a)
Usually lives in a household that includes both parents; or
(b)
Spends approximately equal time in 2 or more households; or
(c)
Does not usually live in a household,—
has no immediate caregiver.
(3)
In this Act, unless the context otherwise requires, the following terms have the same meaning as in the Education Act 1964: “composite school”
, “correspondence school”
, “intermediate school”
, and “secondary school”
.
3 Act binds the Crown
This Act binds the Crown.
4 Schools to have boards of trustees
(1)
Every primary, secondary, composite, and correspondence school shall have a board of trustees.
(2)
Whether or not it is a primary, secondary, composite, or correspondence school,—
(a)
Every school for the time being specified in the First Schedule to this Act; and
(b)
Every health camp school, school in an institution under the control of the Director-General of Social Welfare, and school situated in a hospital (not being a school that is part of some other school),—
shall have a board of trustees.
(3)
Notwithstanding subsections (1) and (2) of this section, a school is not required to have a board of trustees while a commissioner holds office to act in place of its board of trustees.
(4)
The Governor-General may from time to time, by Order in Council, amend the First Schedule to this Act by—
(a)
Adding the name of a school to it; or
(b)
Omitting the name of a school from it; or
(c)
Substituting for the name of a school any amended name.
5 Membership of boards of primary, secondary, and composite schools
(1)
Subject to section 6(1) of this Act, the board of a primary, secondary, or composite school shall comprise—
(a)
5 parent representatives; and
(b)
The principal for the time being; and
(c)
Except when the principal is the only person on the school staff, a staff representative; and
(d)
No more than—
(i)
2 persons, in the case of an integrated school; and
(ii)
4 persons in any other case,—
co-opted by the board.
(2)
The parent representatives on the board of an intermediate school shall be persons who are parents, guardians, or immediate caregivers of students—
(a)
Enrolled at the school in the year the election is held; or
(b)
Likely to be enrolled in form I at the school in the year after the year the election is held,—
elected from among themselves.
(3)
The parent representatives on the board of any other school shall be persons who are—
(a)
The parents, guardians, or immediate caregivers of students (other than adult students) enrolled full-time at the school in the year the election is held; or
(b)
Adult students enrolled full-time at the school in the year the election is held,—
elected from among themselves.
(4)
The staff representative shall be a person who, on the day on which the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes, is a member of the school staff, elected by persons who are members of the school staff on that day (other than the principal).
(5)
In addition, the board of an integrated school may have not more than 4 trustees appointed by its proprietors.
(6)
In addition, the board of a composite or secondary school shall have a trustee who is a student enrolled full-time in form IV or above at the school, elected by students (other than adult students) enrolled full-time in form IV or above at the school.
6 Boards of specified and correspondence schools, and other educational units
(1)
Whether or not a school is a primary, secondary, or composite school, if it is—
(a)
For the time being specified in the First Schedule to this Act; or
(b)
A correspondence school, a health camp school, a school in an institution under the control of the Director-General of Social Welfare, or a school situated in a hospital (not being a school that is part of some other school),—
the composition of its board shall be determined by the Minister by notice in the Gazette.
(2)
A notice under subsection (1) of this section—
(a)
May apply to a specified school or schools, or to schools of a specified class or description:
(b)
Subject to subsection (3) of this section, may revoke or amend any other such notice.
(3)
No trustee shall go out of office by reason only of the amendment or revocation of a notice under subsection (1) of this section.
7 Boards of newly established schools
(1)
Notwithstanding section 5 of this Act, until a newly established primary, secondary, or composite school is opened and the trustees described in paragraphs (a) and (c) of subsection (1) of that section have been elected, its trustees shall be—
(a)
At the option of the Minister, either—
(i)
5 persons appointed by the Minister; or
(ii)
5 persons elected by parents of students (other than adult students) likely to be enrolled at the school in the year it opens or the next year; and
(b)
The principal or principal designate (if any); and
(c)
Not more than 4 persons co-opted by the board.
(2)
Any trustee appointed, elected, or co-opted under subsection (1) of this section,—
(a)
Shall go out of office when trustees have been elected for the board under section 5 of this Act; but
(b)
Shall (subject to section 13 of this Act) be eligible to be appointed, elected, or co-opted as a trustee.
8 Boards of newly integrated schools
(1)
Notwithstanding section 5 of this Act, until the trustees described in paragraphs (a) and (c) of subsection (1) of that section have been elected for a newly integrated primary, secondary, or composite school, its trustees shall be—
(a)
5 persons who shall be—
(i)
Where immediately before its integration the school had a school board or other similar body that included 5 or more persons elected by the parents of current, former, or prospective students, 5 of those persons, appointed by that body; or
(ii)
Where immediately before its integration the school had a school board or other similar body that did not include persons elected by the parents of current, former, or prospective students, 5 parents of current students, appointed by that body; or
(iii)
Where immediately before its integration the school had a school board or other similar body that included fewer than 5 persons elected by the parents of current, former, or prospective students, all those persons, and such number of parents of current students, appointed by that body, as is necessary to bring the number of trustees under this paragraph to 5; or
(iv)
Where immediately before its integration the school did not have a school board or other similar body, 5 persons appointed by the school’s proprietors; and
(b)
The principal; and
(c)
Not more than 4 persons (or, as the case may be, 4 further persons) appointed by the school’s proprietors; and
(d)
Not more than 2 persons co-opted by the board.
(2)
Any trustee appointed, elected, or co-opted under subsection (1) of this section,—
(a)
Shall go out of office when trustees have been elected for the board under section 5 of this Act; but
(b)
Shall (subject to sections 5 and 13 of this Act) be eligible to be appointed, elected, or co-opted as a trustee.
9 Criteria for selecting co-opted and appointed trustees
A board, when co-opting persons to be trustees, and any person when appointing trustees of a board, shall have regard to the desirability of the board’s reflecting, so far as is reasonably practicable,—
(a)
The ethnic and socio-economic composition of the school’s student body; and
(b)
The fact that approximately half the population of New Zealand is male and half female.
10 Annual meetings
Every board shall in every year meet—
(a)
On a day in May determined by the board before the 1st day of April in that year; or
(b)
Where before the 1st day of April in that year the board fails or refuses to determine a day for that year’s annual meeting, on the last Tuesday in May in that year.
11 Elections of trustees
(1)
On the fourth Monday in every February, the board of a composite or secondary school shall hold an election of a student trustee under section 5(6) of this Act.
(2)
Subject to subsection (4) of this section, in every election year a board shall hold one or more elections of other elected trustees.
(3)
Elections under subsection (2) of this section shall be held after the 31st day of March in the year concerned, and before the day on which the board’s annual meeting is required by section 10 of this Act to be held.
(4)
If—
(a)
The first elections of trustees for the board of a school established or integrated after the commencement of this section; or
(b)
Elections under section 17(5) of this Act—
are held after the 31st day of October in the year before an election year and before the 1st day of April in the election year, the board shall not hold any election under subsection (2) of this section in the election year.
(5)
Notwithstanding anything in sections 5 to 8 of this Act, where there are to be held (pursuant to subsection (2) of this section or section 17(5) of this Act, or in respect of a newly established or integrated school) both—
(a)
An election of one or more parent representatives for the board of the school concerned; and
(b)
An election of one or more staff representatives for the board,—
no person may both stand or vote in one of the elections and stand or vote in the other.
(6)
The first elections for and first meetings of boards of schools established or integrated after the commencement of this section shall be held on days fixed by the Minister by notice in the Gazette, being—
(a)
No earlier than 2 months before the school is due to open, in the case of a newly established school; and
(b)
Before the day integration takes effect, in the case of a newly integrated school.
(7)
The first elections of parent representatives for boards shall be held on the 29th day of April 1989.
(8)
The first elections of staff and students for boards shall be held on the 24th day of April 1989.
(9)
The first meetings of boards shall be held on the 25th day of May 1989.
(10)
Notwithstanding subsections (7) to (9) of this section, the dates for the first elections (if any) for and first meetings of boards to which section 6(1) of this Act applies shall be held on days specified by the Minister by notice in the Gazette.
12 Term of office
(1)
Trustees elected under section 11 of this Act (other than trustees elected under section 11(1) of this Act) take office on the day on which the board’s annual meeting is next required by section 10 of this Act to be held.
(2)
Trustees elected for a board replacing a commissioner take office when the commissioner goes out of office.
(3)
Subject to subsections (1) and (2) of this section, elected trustees take office 7 days after their election.
(4)
No trustee shall be co-opted until the board has a vacancy for a co-opted trustee; and a co-opted trustee shall take office when co-opted.
(5)
A trustee appointed when the board has a vacancy for a trustee appointed by the body or person concerned takes office on appointment.
(6)
Within 6 months before the last Tuesday in May in an election year, the person or body by whom or which any trustee then holding office was appointed (or the successor to that person or body) may appoint a trustee to succeed that trustee (or reappoint that trustee); but—
(a)
The newly appointed trustee shall not take office until the day on which the annual meeting concerned is required by section 10 of this Act to be held; and
(b)
If on that day the person or body concerned is no longer entitled to appoint a successor to the trustee holding office when the newly appointed trustee was appointed, the newly appointed trustee’s appointment shall be deemed to have been void.
(7)
Trustees elected under section 11(1) of this Act shall go out of office 7 days after the fourth Monday in February in the year following the year of their election.
(8)
Subject to subsection (9) of this section, all elected, appointed, and co-opted trustees (other than a trustee elected under section 11(1) of this Act) holding office immediately before the day in an election year on which the board is required by section 10 of this Act to hold its annual meeting shall go out of office on that day.
(9)
If—
(a)
The first elections of trustees for the board of a school established or integrated after the commencement of this section; or
(b)
Elections under section 17(5) of this Act,—
are held after the 31st day of October the year before an election year and before the 1st day of April in the election year, no trustee shall go out of office under subsection (8) of this section in the election year.
(10)
A board may, when co-opting a trustee, specify a term of office for the trustee; and in that case—
(a)
If the term expires before the trustee goes out of office under subsection (8) of this section, the trustee shall then go out of office; but
(b)
Otherwise the trustee shall go out of office under that subsection.
(11)
This section is subject to section 14 of this Act.
(12)
Trustees elected, appointed, or co-opted before the 18th day of May 1989 shall take office on that day.
13 Certain persons ineligible to be trustees
(1)
A person who—
(a)
Has not attained the age of 18 years; or
(b)
Is mentally disordered (within the meaning of the Mental Health Act 1969); or
(c)
Is a bankrupt—
(i)
Who has not yet obtained an order of discharge; or
(ii)
Whose order of discharge is suspended for a term not yet expired, or subject to conditions not yet fulfilled; or
(d)
Has been convicted of an offence punishable by imprisonment; and has neither—
(i)
Received a full pardon; nor
(ii)
Suffered the penalty imposed; or
(e)
Is disqualified for election by section 112 of the Local Elections and Polls Act 1976,—
may not become an elected, appointed, or co opted trustee.
(2)
Notwithstanding subsection (1)(a) of this section, a student who has not attained the age of 18 years may, if otherwise eligible, be elected a trustee by students.
(3)
Subject to subsection (1) of this section, a board may on any day co-opt as a trustee 1 person who is then a member of the school staff; but while any member of the school staff is a co-opted trustee, it shall not co-opt as a trustee another person who is then a member of the school staff.
14 Casual vacancies
(1)
If an elected, appointed, or coopted trustee—
(a)
Dies; or
(b)
Resigns by written notice to the board; or
(c)
Without the prior leave of the board, is absent from 3 consecutive meetings of the board; or
(d)
Becomes a person who (in terms of section 13(1) of this Act) may not become an elected, appointed, or coopted trustee,—
the office of the trustee then becomes vacant.
(2)
On any day when a trustee elected by the school staff ceases to be a member of the school staff, the trustee’s office becomes vacant.
(3)
If—
(a)
On any day a co-opted trustee becomes a member of the school staff; and
(b)
On that day another member of the school staff is a coopted trustee,—
the office of the first-mentioned trustee then becomes vacant.
(4)
The proprietors of an integrated school may by written notice to the board dismiss any trustee appointed by them.
(5)
If a trustee elected by students ceases to be enrolled full-time at the school, the trustee’s office then becomes vacant.
(6)
If—
(a)
At any election of trustees fewer persons are elected than there are vacancies to be filled; and
(b)
The board is not then dissolved,—
every unfilled vacancy shall be filled as if it had been caused by a resignation that took effect on the day of the election.
(7)
Notwithstanding subsection (6) of this section, if no nominations are received for the election of a trustee by students, or no trustee is elected at such an election, the vacant position shall not be filled until the next election required to be held under section 11(1) or section 17(5) of this Act.
(8)
Subject to subsections (7) and (9) of this section, a vacancy occurring under this section—
(a)
May (in the case of an appointed or co-opted trustee); and
(b)
Shall (in every other case)—
be filled by the appointment, co-option, or election of a trustee (in the same manner as the vacating trustee was appointed, co-opted, or elected) for the residue of the term of the vacating trustee.
(9)
Where a vacancy for an elected trustee occurs under this section less than 6 months before the 31st day of May in an election year, the board may (not later than 28 days after the vacancy occurs) determine that it should not be filled until the next scheduled election of trustees.
(10)
An election to fill a vacancy occurring under this section shall be held—
(a)
On a day, within 70 days of its occurrence, fixed by the board within 28 days of its occurrence; or
(b)
Where, within 28 days of its occurrence, the board has failed or refused to fix a day within 70 days of its occurrence, on the 10th Tuesday after its occurrence.
15 Commissioner may be appointed if too few trustees elected or board inactive
If—
(a)
The result of any election of trustees of a board is such that the board has fewer than 3 trustees elected by parents; or
(b)
At any time a board has not held a meeting during the previous 3 months,—
the Director-General may, by notice in the Gazette, dissolve the board and appoint a person to act in its place.
16 Minister may dissolve board for cause, and direct appointment of commissioner
(1)
Subject to subsection (2) of this section, if satisfied that—
(a)
By reason of mismanagement, dishonesty, disharmony, incompetence, or lack of action (either generally or in relation to any particular matter or matters); or
(b)
Because it has taken or intends to take an unlawful action, or has failed or refused or intends to fail or refuse to take an action required by law,—
a board should not continue in existence as then constituted, the Minister may, by notice in the Gazette, dissolve the board and direct the Director-General to appoint a person to act in its place.
(2)
Subject to subsection (3) of this section, the Director-General—
(a)
Shall not pursuant to a direction under subsection (4) of this section appoint a person to act in the place of the board of an integrated school without first making reasonable efforts to consult its proprietors on who should be appointed; and
(b)
Shall have regard to any recommendations the proprietors make within a reasonable time of being consulted.
(3)
Where, in the opinion of the Director-General, it is necessary or desirable in the interests of an integrated school or its students to appoint a person to act in the place of its board before subsection (2) of this section can be complied with, the Director-General may do so; but in that case the Director-General—
(a)
Shall then make reasonable efforts to consult its proprietors on whether or not the commissioner appointed should be replaced by another, and if so by whom; and
(b)
Shall, if the proprietors make any recommendations in that behalf, consider those recommendations and, having regard to them, determine whether or not to replace the commissioner with another.
(4)
Upon the publication of a notice under subsection (1) of this section, the Director-General shall, by notice in the Gazette, appoint a person to act in place of the board concerned.
17 Commissioners
(1)
A commissioner shall have and may exercise and perform all the powers, functions, and duties of the board.
(2)
Any thing that, if effected by or on behalf of a board, must be effected by the affixing of the board’s seal, or by the signature of 2 or more trustees, or both, may be effected by the signature of a commissioner.
(3)
The Director-General may at any time, by notice in the Gazette, terminate the appointment of any commissioner, and appoint another person to act in place of the board.
(4)
If a commissioner—
(a)
Resigns by written notice to the Director-General; or
(b)
Dies,—
the Director-General may, by notice in the Gazette, appoint another person to act in place of the board.
(5)
A commissioner may, by notice in the Gazette, appoint a day or days for the holding of elections of trustees for a new board for the school; and in that case,—
(a)
Elections shall be held on that day or those days; and
(b)
The commissioner shall go out of office on the 7 th day after that day.
(6)
Where—
(a)
A commissioner is appointed after the 31st day of October in the year before an election year and before the 1st day of April in the election year; and
(b)
By the 30th day of September in the year following the election year no day (being a day before the last Tuesday of the following November) has been appointed under subsection (5) of this section for the holding of elections of trustees for a new board for the school,—
elections shall be held on that Tuesday, and the commissioner shall go out of office 7 days later.
(7)
Where—
(a)
A commissioner is appointed after the 31st day of March in an election year and before the 1st day of November in the year before the next election year; and
(b)
By the 31st day of March in that next election year no day (being a day before the last Tuesday of the following May) has been appointed under subsection (5) of this section for the holding of elections of trustees for a new board for the school,—
elections shall be held on that Tuesday, and the commissioner shall go out of office 7 days later.
(8)
There shall be paid to a commissioner, out of the funds of the board, any remuneration the Director-General for the time being determines.
18 Other provisions applying to boards
(1)
The provisions set out in the Second Schedule to this Act apply to boards.
(2)
Section 187 of the Education Act 1964 is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Nothing in subsection (1) of this section exempts an Education Board, a Secondary Schools Council, the governing body of a secondary school, teachers college, technical institute, or community college, or an education centre council, from—
“(a)
The payment of goods and services tax under the Goods and Services Tax Act 1985; or
“(b)
Any obligation imposed by that Act.”
19 Property held in trust
(1)
This subsection applies to property that was on the commencement of this section held in trust by a board of governors of 2 or more schools.
(2)
A board of governors that holds in trust any property to which subsection (1) of this section applies shall, before the 31st day of March 1989, notify the Public Trustee of the existence and nature of the trust concerned; and the Public Trustee shall notify the Director-General.
(3)
Before the 18th day of May 1989 the Public Trustee shall consult every board of governors that has (before the 31st day of March 1989) under subsection (2) of this section notified the Public Trustee of the existence and nature of any trust, as to—
(a)
How the property concerned should vest; and
(b)
The extent (if any) to which the trust should otherwise be modified.
(4)
On the 18th day of May 1989 all property to which subsection (1) of this section applies shall vest in the Public Trustee.
(5)
As soon as is practicable after becoming aware that any property has vested under subsection (4) of this section, the Public Trustee, after consulting the boards of all the schools formerly under the control of the board of governors concerned as to—
(a)
How the property concerned should vest; and
(b)
The extent (if any) to which the trust concerned should otherwise be modified,—
shall devise and send to the Solicitor-General a scheme to modify the trust.
(6)
This subsection applies to property that was on the commencement of this section held in trust for the board of governors of 2 or more schools (otherwise than by the board of governors).
(7)
Any person who holds in trust any property to which subsection (6) of this section applies shall, before the 31 st day of March 1989, notify the Public Trustee of the existence and nature of the trust; and the Public Trustee shall notify the Director-General.
(8)
Before the 18th day of May 1989 the Public Trustee shall consult all persons who have (before the 31st day of March 1989) under subsection (7) of this section notified the Public Trustee of the existence and nature of any trust as to—
(a)
The board or boards for which the property concerned (or any part of it) should be held; and if more than one, how; and
(b)
The extent (if any) to which the trust should otherwise be modified.
(9)
As soon as is practicable after becoming aware that subsection (6) of this section applies to any property, the Public Trustee, after consultation with the boards of all schools formerly under the control of the board of governors concerned as to—
(a)
Whether all or any of the property concerned should be held for them and if so which of it, which of them, and in what proportions; and
(b)
The extent (if any) to which the trust concerned should otherwise be modified,—
the Public Trustee shall devise and send to the Solicitor-General a scheme to modify the trust.
(10)
Where any trust is established by an enactment, instrument, or will, that requires or requests the trustees to consult, notify, or act only with the approval or concurrence of, a body that is the board of governors of 2 or more schools,—
(a)
The trustees may apply to the Public Trustee for directions as to which boards should act (jointly or severally) in place of the board of governors; and in that case the Public Trustee shall devise and send to the Solicitor-General draft directions to the trustees; and
(b)
The trustees shall not take any action for which consultation, notification, approval, or concurrence, is required or requested except in accordance with—
(i)
Directions approved under this section; or
(ii)
Directions given by the Solicitor-General in circumstances that appear to constitute an emergency; or
(iii)
The Charitable Trusts Act 1957.
(11)
Within 90 days (or any longer period the Solicitor-General and Public Trustee in any case, before the expiration of that period, agree) of being notified of a scheme or draft directions under this section, the Solicitor-General may, by written notice to the Public Trustee,—
(a)
Approve the scheme or directions (as originally notified by the Public Trustee, or with amendments agreed by the Public Trustee); or
(b)
Suggest amendments to the scheme or directions; or
(c)
Direct that the scheme should not proceed, or that the directions should not be given; and in that case the matter shall be dealt with under the Charitable Trusts Act 1957.
(12)
If within 90 days (or any longer period agreed under subsection (11) of this section) of being notified of a scheme or draft directions under this section, the Solicitor-General does not under that subsection approve the scheme or directions, or direct that the scheme or directions should not proceed, the Solicitor-General shall be deemed to have approved the scheme or directions.
(13)
If the Solicitor-General approves a scheme under this section, the Public Trustee shall, in accordance with it,—
(a)
By notice in the Gazette, modify the trust concerned; and
(b)
Take all steps necessary to effect any necessary transfers of the property concerned.
(14)
If the Solicitor-General approves any draft directions under this section,—
(a)
The Public Trustee shall give them to the trustees concerned; and
(b)
They shall have effect according to their tenor.
(15)
Every scheme, draft direction, and suggested and agreed amendment, under this section shall be such that, in the opinion of the Public Trustee or the Solicitor-General (as the case may be),—
(a)
Best gives effect to the intentions of the testator, settlor, or other person or body by whom or which the trust concerned was established; and
(b)
Subject to paragraph (a) of this subsection, effects the minimum change necessary to enable the trust concerned to operate satisfactorily in the light of—
(i)
The dissolution of the former board of governors; and
(ii)
The establishment of a board for each school concerned; and
(iii)
Any transfers of property effected or to be effected.
(16)
The reasonable costs of the Public Trustee in acting under this section shall be paid out of money appropriated by Parliament for the purpose.
20 Regulations
(1)
The Governor-General may, by Order in Council, make regulations prescribing either or both of the following matters:
(a)
The manner in which elections of trustees are to be held:
(b)
The manner in which returning officers are to be appointed for the purpose of the election of trustees.
(2)
Regulations made under this Act may—
(a)
Provide for persons forbidden by section 11(5) of this Act to participate in 2 elections to choose the election in which they prefer to stand, vote, or both; and
(b)
Provide for persons who do not exercise their choice within the time or in the manner provided for to be restricted to standing, voting, or both, in only one election; and
(c)
Require a person who has chosen or been restricted to one election to continue to be restricted to elections of the kind concerned if elections are later held to fill casual vacancies.
21 Employees of certain secondary school boards
(1)
This section applies to every Board of Governors of 2 or more secondary schools.
(2)
Before the 18th day of May 1989 the Director-General shall, by notice in the Gazette, specify in respect of each Board of Governors to which this section applies one of the schools under its control.
(3)
Subject to subsection (4) of this section, the persons who were, immediately before the 18th day of May 1989, employees of a Board of Governors to which this section applies shall on that day become employees of the board of the school specified in respect of the Board of Governors by a notice under subsection (2) of this section; and their service in the employment of the Board of Governors shall be treated for all purposes as service in the employment of the board.
(4)
Before the 18th day of May 1989, the Director-General may, by written notice to any employee of a Board of Governors to which this section applies, specify a school under its control by whose board the employee is to become employed; and in that case, if the employee is still employed by the Board of Governors immediately before that day,—
(a)
The employee shall on that day become an employee of the board of the school specified; and
(b)
The employee’s service in the employment of the Board of Governors shall be treated for all purposes as service in the employment of the board.
22 Transitional
(1)
Every school committee, committee of management, and board of governors, of an institution that on the commencement of this section is a primary, secondary, composite, or special school is hereby dissolved.
(2)
Subject to section 19 of this Act,—
(a)
All rights, assets, liabilities and debts that a school committee, committee of management, or board of governors dissolved by subsection (1) of this section had immediately before the commencement of this section shall be deemed to have become rights, assets, liabilities, and debts of the school’s board; and
(b)
Any property that, immediately before it became an asset of a board under this section, was subject to a trust, shall vest in the board subject to the trust.
(3)
On and after the commencement of this section,—
(a)
The board of a school that immediately before that commencement had a school committee, committee of management, or board of governors shall have and may exercise and perform in respect of the school all the rights, powers, functions, duties, and privileges of that committee or board of governors; and
(b)
Every reference in any—
(i)
Act, regulation, or other enactment; or
(ii)
Contract, agreement, deed, instrument application, lease, licence, notice, award, or other document entered into, made, granted, given, or executed before that commencement,—
to the school committee, committee of management, or board of governors of a primary, secondary, composite, or special school shall be read as a reference to the school’s board.
(4)
Subject to section 19 of this Act, if any dispute arises as to whether any right, asset, liability, or debt has, under subsection (2) of this section, become a right, asset, liability, or debt of one board or another, the dispute shall be referred to the Director-General; and—
(a)
The Director-General shall attempt by mediation to bring the parties to the dispute to an agreement; but
(b)
Where, in the Director-General’s opinion, further mediation is unlikely to achieve agreement, the Director-General shall determine the dispute, and the determination shall be final.
23 Consequential amendments to Private Schools Conditional Integration Act 1975
(1)
Section 2(1) of the Private Schools Conditional Integration Act 1975 is hereby consequentially amended by omitting from paragraph (b) of the definition of the term “controlling authority”
the words “a Board of Governors or such other authority as may be required pursuant to this Act”
, and substituting the words “the school’s board of trustees under the School Trustees Act 1989”
.
(2)
Section 25(1) of the Private Schools Conditional Integration Act 1975 is hereby consequentially amended by omitting the words “School Committee”
, and substituting the words “board of trustees under the School Trustees Act 1989”
.
(3)
The following enactments are hereby consequentially repealed:
(a)
Sections 25(2), 26(1), 26(2), 26(3), 26(4), 26(5), 27, 28, 83(5), and 83(6) of the Private Schools Conditional Integration Act 1975:
(b)
Section 7 of the Private Schools Conditional Integration Amendment Act 1977.
24 Other consequential amendments, repeals, revocations, and savings
(1)
Section 2(1) of the Education Act 1964 is hereby consequentially amended by repealing the definitions of the terms “Committee”
or “School Committee”
, and “householder”
.
(2)
The First Schedule to the Local Authorities (Members’ Interests) Act 1968 is hereby consequentially amended by repealing the items relating to committees of management of secondary schools and the governing bodies of secondary schools, and by inserting, in its appropriate alphabetical order, the following item:
“Boards of trustees of schools
1989, No. 3—The School Trustees Act 1989”
(3)
Part III of the First Schedule to the Ombudsmen Act 1975 (as from time to time amended) is hereby amended by—
(a)
Omitting the following items:
“Committees of Management of Secondary Schools.”
:
“Governing Bodies of Secondary Schools.”
; and
(b)
Inserting, in its appropriate alphabetical order, the following item:
“Boards of Trustees under the School Trustees Act 1989.”
(4)
Part I of the Second Schedule to the Local Government Official Information and Meetings Act 1987 (as from time to time amended) is hereby amended by—
(a)
Omitting the following items:
“Committees of Management of Secondary Schools.”
:
“Governing Bodies of Secondary Schools.”
; and
(b)
Inserting, in its appropriate alphabetical order, the following item:
“Boards of Trustees under the School Trustees Act 1989.”
(5)
Section 2(1) of the State Sector Act 1988 is hereby consequentially amended by inserting in paragraph (a) of the definition of the term “education service”
, after subparagraph (i), the following subparagraph:
“(ia)
Any board of trustees under the School Trustees Act 1989; or”.
(6)
The following enactments are hereby consequentially repealed:
(a)
Sections 39 to 45, 50 to 56, 57a, 58, and 198 of the Education Act 1964:
(b)
Sections 2 to 6 of the Education Amendment Act 1965:
(c)
Section 7 of the Education Amendment Act 1967:
(d)
Sections 6 to 8 of the Education Amendment Act 1968:
(e)
Sections 3 to 6, and 8 of the Education Amendment Act 1971:
(f)
Section 3 of the Education Amendment Act 1972:
(g)
Sections 4(2), 6, and 7 of the Education Amendment Act (No. 2) 1974:
(h)
Section 3 of the Education Amendment Act 1975:
(i)
Section 3 of the Education Amendment Act (No. 2) 1975:
(j)
Section 7(4) of the Education Amendment Act 1976:
(k)
Section 3(1) of the Education Amendment Act (No. 2) 1982:
(l)
Section 6 of the Education Amendment Act 1983:
(m)
Sections 4 and 5 of the Education Amendment Act (No. 2) 1987.
(7)
The regulations specified in the Third Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.
(8)
Any regulations amended by this section may be further amended, or revoked, as if the amendments effected by this section had been effected by Order in Council.
(9)
The regulations specified in the Fourth Schedule to this Act are hereby consequentially revoked.
(10)
The revocation by subsection (9) of this section of the Ashburton Combined School Regulations 1965 does not affect the combination by regulation 3 of those regulations of the schools known as Ashburton High School and Hakatare College to form a combined school.
(11)
The revocation by subsection (9) of this section of regulation 3 of the Wellington Secondary Schools Regulations 1966 does not affect the continued existence of the Wellington Secondary Schools Council.
(12)
The revocation by subsection (9) of this section of regulation 3 of the Nelson Secondary Schools Regulations 1976 does not affect the continued existence of the Nelson Secondary Schools Council.
(13)
The revocation by subsection (9) of this section of regulation 4 of the Christchurch Secondary Schools Regulations 1976 does not affect the continued existence of the Christchurch Secondary Schools Council.
SCHEDULES
FIRST SCHEDULE Specified Schools
Glenburn Centre School, Auckland
Hogben School, Christchurch
Kelston School for the Deaf, Auckland
Kimi Ora School, Hastings
McKenzie Residential School, Christchurch
Salisbury School, Nelson
Van Asche College, Christchurch
Waimokoia School, Auckland
SECOND SCHEDULE Other Provisions Applying to Boards
Section 18(1)
1 Boards to be bodies corporate
A board—
(a)
Is a body corporate with perpetual succession and a common seal; and
(b)
May hold real and personal property for the purposes of this Act or the Education Act 1964; and
(c)
May sue and be sued, and otherwise do and suffer everything bodies corporate may do and suffer.
2 Boards exempt from taxation
(1)
Every board is hereby deemed to be the agent of the Crown in respect of its property and the exercise of its functions, and is entitled accordingly to all the privileges the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.
(2)
Nothing in subclause (1) of this clause exempts a board from—
(a)
The payment of goods and services tax under the Goods and Services Tax Act 1985; or
(b)
Any obligation imposed by that Act.
3 Names of boards
The name of a board is “The [Name of school] Board of Trustees”
.
4 Trustees not personally liable
No trustee is personally liable for—
(a)
Any act done or omitted by the board; or
(b)
Any loss to the board arising out of any act done or omitted by the trustee,—
if the act or omission was (so far as the trustee’s involvement is concerned) in good faith in pursuance or intended pursuance of the functions of the board.
5 Affixing of board’s seal
(1)
A board’s common seal shall not be affixed to a document except pursuant to a resolution of the board.
(2)
The affixing of a board’s common seal to a document shall be countersigned by at least 2 trustees.
6 Actions of boards not to be questioned for informality in membership
The powers of a board are not affected by—
(a)
Any vacancy in its membership; or
(b)
The discovery of any error or defect in the election or appointment of any trustee; or
(c)
The fact that any elected, appointed, or co-opted trustee acted as a trustee while a person who may not (in terms of section 13(1) of this Act) become an elected, appointed, or co-opted trustee; or
(d)
The fact that a person continued acting as a trustee after the person’s office as a trustee became vacant and (in the case of a person whose election as a trustee has been declared invalid under clause 9 of this Schedule or by a Court), before the person’s election was declared invalid.
7 Chairpersons
(1)
At any time the office becomes vacant, every board shall appoint a trustee (not being a trustee who is the principal or a staff or student representative) to be chairperson of the board.
(2)
The office of chairperson of a board becomes vacant—
(a)
At its annual meeting; and
(b)
When the chairperson—
(i)
Ceases to be a trustee; or
(ii)
By notice in writing to the board, resigns the office of chairperson.
8 Meetings
(1)
The first meeting of every board shall be held at a time and place determined by the principal.
(2)
Every board shall hold a meeting not later than 3 months after its previous meeting, at a time and place determined at the previous meeting.
(3)
Where a board does not at any meeting determine a time and place for its next meeting, the time and place of its next meeting shall be determined—
(a)
By the chairperson; or
(b)
Where the board has no chairperson, and a trustee who presided at the board’s previous meeting is still a trustee, by the trustee; and
(c)
Where the board has no chairperson, and either—
(i)
The former chairperson presided at the board’s last meeting; or
(ii)
The trustee who presided at the board’s last meeting is no longer a trustee,—
by the principal.
(4)
Where a casual vacancy occurs, the chairperson or, where there is no chairperson, the principal shall fix a time (being within 28 days of the occurrence of the vacancy) and place for a meeting of the board to deal with the vacancy.
(5)
No business shall be transacted at any meeting of a board unless more than half the trustees then holding office are present.
(6)
At a meeting of a board,—
(a)
The chairperson shall preside if present; and
(b)
Otherwise, a trustee (not being a trustee who is the principal or a staff or student representative) appointed by the board at the meeting shall preside.
(7)
Every question before a board shall be decided by a majority of the votes cast on it by trustees present.
(8)
At a meeting of a board, the person presiding has a deliberative vote on every question and, on any question where votes for and against are equal, also has a casting vote.
(9)
A trustee who has a pecuniary interest in any matter shall be excluded from any meeting of the board while it discusses, considers, considers anything relating to, or decides, the matter.
(10)
A trustee who is a member of the school staff shall be excluded from any meeting of the board while it discusses, considers, considers anything relating to, or decides, any matter relating to the trustee’s employment by the board, or to the course of action to be taken following the hearing of a complaint against the trustee (being a complaint against the trustee in the trustee’s capacity as a member of the school staff).
(11)
A trustee who is a student enrolled at the school shall be excluded from any meeting of the board while it discusses, considers, considers anything relating to, or decides, any matter relating to the trustee as an individual student.
(12)
Except as provided in this Act, every board shall determine its own procedures.
9 Validation and invalidation of elections
(1)
Where—
(a)
Anything required to be done in connection with an election under this Act—
(i)
Has been done after the time it is required to be done; or
(ii)
Has not been done at all; or
(iii)
Has been done irregularly; and
(b)
The Minister thinks the lateness, omission, or irregularity could not materially have affected the result of the election,—
the Minister may, by notice in the Gazette, validate the lateness, omission, or irregularity.
(2)
Where anything required to be done in connection with an election under this Act cannot be done at or by the time at or by which it is required to be done, the Minister may, at any time, by notice in the Gazette, extend the time for doing it.
(3)
Where there has occurred in connection with an election under this Act—
(a)
Any lateness, omission, or irregularity capable of being validated under this clause that the Minister thinks it improper or undesirable to validate; or
(b)
Any other irregularity that the Minister thinks could materially have affected the result of the election,—
the Minister may at any time within 28 days of the election, by notice in the Gazette, declare the election invalid and require a new election to be held on a day specified in the notice.
(4)
Every notice under this clause shall have effect according to its tenor.
THIRD SCHEDULE Consequential Amendments to Regulations
Section 24(7)
| Regulations amended | Amendments |
|---|---|
| The School Committees Administration Regulations 1965 (Reprinted S.R. 1979/87) | By revoking regulation 1(3). |
By revoking the definitions in regulation 2(1) of the terms “‘Committee’ or ‘School Committee’ means a board of trustees under the School Trustees Act 1989:”. | |
| By revoking regulations 3 to 26. | |
| The Secondary School Boards Administration and Employment Regulations 1965 (S.R. 1965/177) | By revoking the definition in regulation 2 of the term “parent”, regulations 5 to 30, and 34 to 36, and the First Schedule. |
| The Gisborne High Schools Board Administration Regulations 1967 (S.R. 1967/122) | By omitting from regulation 2 the words “; and all schools for the time being under the control of the Board shall be deemed to be one school for the purposes of those regulations”. |
| By revoking regulation 3. | |
| The Education (Committees of Management) Regulations 1981 (S.R. 1981/3) | By revoking the definitions in regulation 2 of the terms “‘Committee’ means a board of trustees under the School Trustees Act 1989:”. |
| By revoking Parts I, III, and V. | |
| The Education (Area Schools) Regulations 1986 (S.R. 1986/139) | By revoking regulation 39. |
FOURTH SCHEDULE Consequential Revocations
Section 24(9)
| Title | Statutory Regulations Serial Number |
|---|---|
| The Napier High School Board of Governors Regulations 1962 | 1962/52 |
| The Ashburton Combined School Regulations 1965 | 1965/1 |
| The Wellington Secondary Schools Regulations 1966 | 1966/62 |
| The School Committees Administration Regulations 1965, Amendment No. 1 | 1967/60 |
| The School Committees Administration Regulations 1965, Amendment No. 2 | 1969/97 |
| The School Committees Administration Regulations 1965, Amendment No. 3 | 1973/173 |
| The Secondary School Boards Administration and Employment Regulations 1965, Amendment No. 4 | 1975/251 |
| The Secondary School Boards Administration and Employment Regulations 1965, Amendment No. 5 | 1976/286 |
| The Nelson Secondary Schools Regulations 1976 | 1976/303 |
| The School Committees Administration Regulations 1965, Amendment No. 4 | 1976/310 |
| The Christchurch Secondary Schools Regulations 1976 | 1976/324 |
| The Secondary School Boards Administration and Employment Regulations 1965, Amendment No. 7 | 1978/120 |
| The Secondary School Boards Administration and Employment Regulations 1965, Amendment No. 8 | 1978/186 |
| The Wellington Secondary Schools Regulations 1966, Amendment No. 1 | 1978/242 |
| The School Committees Administration Regulations 1965, Amendment No. 5 | 1979/63 |
| The Education (Committees of Management) Regulations 1981, Amendment No. 1 | 1981/150 |
| The School Committees Administration Regulations 1965, Amendment No. 6 | 1981/270 |
| The Nelson Secondary Schools Regulations 1976, Amendment No. 2 | 1982/78 |
| The School Committees Administration Regulations 1965, Amendment No. 7 | 1982/79 |
| The Secondary School Boards Administration and Employment Regulations 1965, Amendment No. 10 | 1983/68 |
| The Education (Committees of Management) Regulations 1981, Amendment No. 2 | 1984/100 |
| The Christchurch Secondary Schools Regulations 1976, Amendment No. 1 | 1985/7 |
This Act is administered in the Department of Education.
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Versions
School Trustees Act 1989
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