Education Act 1989

Before its repeal, this Act was administered by: Ministry of Education

repealed
Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

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Reprint as at 1 August 2020

Education Act 1989

Public Act		1989 No 80
Date of assent		29 September 1989
Commencement		see section 1(2)

Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

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.

This Act is administered by the Ministry of Education.

	Title
1	Short Title and commencement
	Part 1AA Early childhood and compulsory education: statement of National Education and Learning Priorities
1A	Minister may issue statement of National Education and Learning Priorities
	Part 1 Rights to primary and secondary education
2	Interpretation
2A	Transitional, savings, and related provisions
3	Right to free primary and secondary education
3A	Restriction on attendance at certain schools [Repealed]
4	Enrolment of international students
4A	Certain international students may enrol at State schools as of right
4B	Fees for international students
4C	Minister may exempt certain international students from payment of fees
4D	Boards to reimburse the Crown for expenditure in respect of international students
4E	Courses for international students
5	Restrictions on primary school enrolment
5A	Cohort entry policy
5B	Dates for starting school under cohort entry policy
5C	Adoption or revocation of cohort entry policy
5D	Publication of mid-term dates
6	Restrictions on enrolment at secondary school
7	Additional restrictions on enrolment at correspondence school
7A	Certain domestic students may be required to pay fees for tuition from correspondence schools
7B	Fees for evening classes, etc
8	Equal rights to primary and secondary education
9	Special education
10	Right of reconsideration
	Part 2 Enrolment schemes, and suspension, expulsion, and exclusion of students
11	Limitations on enrolment at certain primary schools [Repealed]
	Enrolment schemes
11A	Purpose and principles
11B	Interpretation
11C	Content of enrolment scheme
11D	Effect of home zone
11E	How a school defines its home zone
11F	How to select applicants who live outside home zone
11G	Instructions and guidelines on operation of enrolment schemes
11H	Process for developing and adopting enrolment scheme
11I	Proposed enrolment schemes to be approved by Secretary
11IA	Development of enrolment scheme by Secretary
11J	Information about school’s enrolment scheme
11K	Commencement of enrolment scheme
11L	End of enrolment scheme
11M	Amendment of enrolment scheme
11MA	Making minor amendments to enrolment schemes
11N	Pre-enrolment in schools with enrolment schemes
11O	Enrolment may be annulled if based on false information or temporary residence
11OA	Review of student’s enrolment
11P	Secretary may direct board to enrol applicant
11PA	Annual review of enrolment scheme
11PB	Enrolment schemes of certain State schools
11Q	Obligation to report to Parliament on enrolment schemes
12	Enrolment schemes for certain other schools [Repealed]
	Standing-down, suspension, exclusion, and expulsion of domestic students
13	Purpose
13A	Application of sections 14 to 18AA
14	Principal may stand-down or suspend students
15	Board’s powers when suspended student younger than 16
16	Secretary’s powers when excluded student younger than 16
17	Board’s powers when suspended student 16 or older
17A	Duties of principal when student stood-down or suspended
17B	Who may attend board meeting concerning suspensions
17C	Effect of suspension on school register
17D	Re-enrolment of excluded or expelled student
18	Notice requirements for stand-downs, suspensions, exclusions, and expulsions
18AA	Secretary may make rules
18A	Recommendation that student should attend particular school
19	Principal may preclude student for health reasons
	Part 3 Enrolment and attendance of students
20	New Zealand citizens and residents between 6 and 16 must be enrolled at registered school
21	Long term exemptions from enrolment
22	Secretary may exempt from enrolment
22A	Secretary may exempt from enrolment persons placed in residence or programme under Oranga Tamariki Act 1989
23	Effect of exemption
24	Penalty for failure to enrol
25	Students required to enrol must attend school
25A	Release from tuition on religious or cultural grounds
25AA	Release from tuition in specified parts of health curriculum
25B	Release from school
26	Exemption from attendance
27	Principal may exempt from attendance for short period
28	Secretary may require parents of certain children to enrol them at correspondence school
29	Penalty for irregular attendance
30	Employment of school-age children
31	Ensuring attendance of students
31A	Nature of secondary-tertiary programme
31B	Provider group for secondary-tertiary programme
31C	Secretary may enter into agreement with provider group
31D	Provider group plan for secondary-tertiary programme
31E	Report to Secretary by provider group
31F	Recognition as lead provider of secondary-tertiary programme
31G	Lead provider to co-ordinate secondary-tertiary programme
31H	Government policies or priorities
31I	Entry into secondary-tertiary programme
31J	Provider group or lead provider to notify student and parents about any school attendance requirement
31K	Withdrawal from secondary-tertiary programme
31L	International students and secondary-tertiary programmes
32	Hearings of proceedings may be private
33	Evidence of school roll, etc
34	Burden of proof on parents
35	Fines to be paid to board
	Registration of private schools
35A	Provisional and full registration of private schools
35AA	Suspensions and expulsions of students from private schools to be notified to Secretary [Repealed]
35B	Secretary may require application for registration of school
	Criteria for registration as private school
35C	Criteria for registration as private school
35D	Suitable premises
35E	Additional and substituted premises to be approved
35F	Tuition standards
35G	Managers to be fit and proper persons
	Statement of National Education and Learning Priorities
35GA	Manager must have regard to statement of National Education and Learning Priorities
	Managers to advise Secretary of private school ceasing operation
35H	Managers must advise Secretary of school ceasing operation
	Review of private schools registered under section 35A
35I	Review of schools registered under section 35A
	Actions by Secretary in regard to schools registered under section 35A
35J	Secretary’s actions in regard to schools registered under section 35A
35K	Suspension of registration if welfare of students may be at risk [Repealed]
35L	Duration of suspension
35M	Process for cancellation of registration
	Grants for private schools
35N	Grants for private schools
35O	Record-keeping in relation to grants to private schools
35P	Providing accounts to Secretary
	Suspensions and expulsions from private schools
35Q	Suspensions and expulsions of students from private schools to be notified to Secretary
	Offences in relation to private schools
35R	Offences in relation to operation of private schools
	Powers of entry and inspection
35S	Entry where private school suspected of being unregistered
	Part 4 Specialist Education Services Board [Repealed]
36	Interpretation [Repealed]
37	Board continued for purposes of this Part [Repealed]
38	Membership of Board [Repealed]
39	Function of Board [Repealed]
40	Board responsible to Minister [Repealed]
41	Powers of Board [Repealed]
	Part 5 Early Childhood Development Board [Repealed]
42	Interpretation [Repealed]
43	Board continued for purposes of this Part [Repealed]
44	Membership of Board [Repealed]
45	Function of Board [Repealed]
46	Board responsible to Minister [Repealed]
47	Powers of Board [Repealed]
	Part 6 Parent Advocacy Council [Repealed]
48	Interpretation [Repealed]
49	Parent Advocacy Council [Repealed]
50	Membership of Council [Repealed]
51	Criteria for appointing members [Repealed]
52	Function of Council [Repealed]
53	Council may refuse to act in certain cases [Repealed]
54	Powers of Council [Repealed]
55	Procedure where Council takes matter up [Repealed]
56	Council may decide not to proceed with matter [Repealed]
57	Council to give reasons [Repealed]
58	Procedure where matter deserves action [Repealed]
59	Power to obtain information [Repealed]
	Part 7 Control and management of State schools
60	Interpretation
	Curriculum and performance
60A	Curriculum statements and national performance measures
60B	Consultation about treatment of health curriculum
61	School charter
62	Procedural requirements of preparing or updating school charter
63	Effect of school charter
63A	When school charter or updated charter takes effect
63B	Board must make copies of school charter available
64	Effect of charter [Repealed]
64A	Secretary may require board to get specialist support [Repealed]
65	Staff [Repealed]
65A	Length of school year
65B	Terms
65C	Holidays
65D	Exceptions in particular cases
65DA	Multiple timetable arrangements
65E	Emergencies
65F	Application of provisions
65G	Minister to act by means of instructions
65H	Application of Crown Entities Act 2004 [Repealed]
66	Delegations [Repealed]
66A	No delegation of power to borrow [Repealed]
66B	Application of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules [Repealed]
67	Restrictions on borrowing [Repealed]
67A	Restrictions on giving of guarantees and indemnities [Repealed]
67B	Restrictions on use of derivatives [Repealed]
68	Gifts [Repealed]
69	Real property [Repealed]
70	Occupancy of property and buildings [Repealed]
70A	Minister may declare land to be no longer needed for educational purposes [Repealed]
70B	Leases and licences granted by boards [Repealed]
70C	Other agreements to occupy school land or buildings [Repealed]
71	Courses, work experience, and visits outside school premises
71A	Off-site locations for schools
	Land no longer needed for educational purposes
71B	Minister may declare land to be no longer needed for educational purposes
	Communities of learning
71C	Community of learning approved by Minister
72	Secretary may enter agreement with community of learning
73	Community of learning that has agreement with Secretary must also prepare plan
74	Report to Secretary by community of learning
75	Performance review of community of learning
	Powers and functions of principals
75A	Appointment of principals
76	Role of principal
77	Guidance and counselling
77A	Enrolment records
	Regulations
78	Regulations relating to control and management of schools
	Powers of entry and inspection
78A	Powers of entry and inspection
78B	Entry where private school suspected of being unregistered [Repealed]
	Police vetting of non-teaching staff
78C	Police vetting of non-teaching and unregistered employees at schools
78CA	Police vetting of contractors and their employees who work at schools
78CB	Police vet must be obtained before person has unsupervised access to students
78CC	Further Police vets to be obtained under this Part every 3 years
78CD	Procedures relating to Police vets
	Risk management schemes
78D	School risk management scheme
78E	School risk management scheme fees
78F	Regulations relating to school risk management scheme
78G	Former school risk management schemes
	Part 7A Interventions in schools
78H	Purpose of Part
78I	Application of interventions
78J	Requirement to provide information
78K	Specialist help
78L	Action plans
78LA	Case conference
78LB	Specialist audit
78LC	Performance notice
78LD	Appointment of additional trustee by Minister
78LE	Amendment and revocation of notices
78M	Limited statutory manager
78N	Dissolution of board and appointment of commissioner
78NA	No compensation for loss of office
78O	Commissioners
78P	Commissioner sets date for election of trustees
78Q	Protection of limited statutory managers and commissioners
78R	Annual review of interventions
78S	Application of interventions to State integrated schools
78T	Application of interventions to Kura Kaupapa Maori
	Part 8 Financial matters, assets, and property
79	Grants and supplementary grants for boards
79A	Discretionary grants for boards
79B	Minister may prescribe exemptions to mandatory condition
79C	Application of Legislation Act 2012
79D	Effect of non-compliance with earlier discretionary grants
80	No transfer between grants [Repealed]
81	Payment of teacher salaries from sources other than grants [Repealed]
81A	Grants for correspondence schools
81B	Management of financial management system [Repealed]
82	Annual financial statements [Repealed]
83	Responsibility for financial statements [Repealed]
84	Audit report on financial statements [Repealed]
85	Financial statements to be included in annual report [Repealed]
86	Financial year [Repealed]
87	Annual reports
87A	Audit
87AB	Annual report to be made available
87B	Report on performance of schools’ sector
87C	Annual financial statements of boards
88	Payment of travel costs and attendance fees
88A	Rent for teachers’ residences
89	Payroll service
90	Application of Public Finance Act 1989 [Repealed]
91	Transitional arrangements for payment of teacher salaries [Repealed]
	Part 8A Payment of teacher salaries, limitations on staffing, and powers of Secretary to employ teachers and create positions
91A	Interpretation
91B	Application
	Payment of salaries
91C	Salaries of teachers at certain schools to be paid by the Crown
91D	Agreements to move from central payment of teacher salaries [Repealed]
91E	Payment of salaries of certain teachers out of grants [Repealed]
91F	Restrictions on payment of salaries of regular teachers by boards of payrolled schools
91G	Payment of salaries of relieving teachers and employment-based trainee teachers
	Limitations on staffing
91H	Limitations on appointment and employment of regular teachers at payrolled schools
91I	Secretary may grant exemptions in individual cases
91J	Boards to comply with limitations
91K	Reduction in grants where limitations not complied with
91L	Staffing levels for 1992
	Application period may be extended
91M	Application period may be extended
	Powers of Secretary to employ teachers and create positions
91N	Power of Secretary to employ teachers
91O	Employment-based trainee teaching positions
	Part 9 School boards
92	Interpretation
	Requirement for board of trustees
93	State schools and special institutions to have boards of trustees
	Constitution of boards
94	Constitution of boards of State schools
94A	Proprietors of State integrated schools may vary number of trustees they appoint
94B	Boards may alter their own constitutions
94C	Limitations on co-option and appointment of trustees [Repealed]
95	Composition of boards of special institutions
96	Parent representatives
97	Staff and student representatives
98	Boards of newly established schools
98A	Minister may approve alternative constitution in certain cases
98B	Consequences of approval of alternative constitution
98C	Actions of boards not to be questioned for informality in membership
	Co-opted and appointed trustees
99	Criteria for selecting co-opted and appointed trustees
100	Limitations on co-option and appointment of trustees
	Elections of trustees
101	Elections of trustees
101A	Staggered elections for parent representatives
101AB	Election not to be held when school under notice of closure
101B	Consultation requirements for staggered elections of parent representatives
101C	Provisions relating to board with staggered election cycle where commissioner appointed
101D	Validation and invalidation of elections of boards
	Term of office of trustees
102	Term of office
	Eligibility to be trustee
103	Certain persons ineligible to be trustees
103A	Financial interests that disqualify persons from being trustees
103B	Requirements before appointment
	Casual vacancies on boards
104	When casual vacancies arise
105	Filling casual vacancies of elected trustees
105A	Minister may approve alternative constitution in certain cases [Repealed]
106	Commissioner may be appointed if board inactive or trustees too few [Repealed]
107	Minister may dissolve board for cause, and direct appointment of commissioner [Repealed]
108	Consultation with proprietors of integrated school [Repealed]
109	Commissioners [Repealed]
109A	Provisions relating to board with staggered election cycle where commissioner appointed [Repealed]
	Combining and splitting boards
110	Boards may combine
110A	Minister may combine boards at establishment
111	Restrictions on combining
112	Minister may split combined board
112A	Splitting boards that were combined at establishment
113	Property held in trust
114	Allocation of employees after combined board split
115	Transfer of assets of split combined board
116	Each school to be represented on combined board
116A	Appointment of principal of combined board [Repealed]
	Miscellaneous provisions
117	Other provisions applying to boards
118	Regulations about board elections
118A	Regulations about planning, implementation, monitoring, and reporting
119	Savings
	Part 10 Teacher registration [Repealed]
120	Interpretation [Repealed]
	Restrictions on appointment and employment of teaching staff [Repealed]
120A	Restrictions on appointment of teachers [Repealed]
120B	Restrictions on continued employment of teachers [Repealed]
120C	Restrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension [Repealed]
	Teacher registration [Repealed]
121	Applications for registration as teacher [Repealed]
122	Full registration [Repealed]
123	Provisional registration [Repealed]
124	Registration of experienced teachers [Repealed]
124A	Determining whether or not training satisfactory [Repealed]
124B	Determining good character and fitness to be teacher [Repealed]
125	Determining whether or not employment satisfactorily completed [Repealed]
126	Appeals from decisions of Teachers Council [Repealed]
127	Expiry of teacher registration [Repealed]
127A	Voluntary deregistration [Repealed]
128	Teachers Council to keep register [Repealed]
128A	Matching of register information and information about payment of teacher salaries at payrolled schools [Repealed]
129	Cancellation of registration as teacher and cancellation of limited authority to teach [Repealed]
129A	Reclassification of teacher’s registration [Repealed]
130	Practising certificates [Repealed]
	Limited authority to teach [Repealed]
130A	Purpose of limited authority to teach [Repealed]
130B	Limited authority to teach [Repealed]
130C	Determining character and likely teaching ability [Repealed]
130D	Appeals from decisions [Repealed]
130E	Period of authorisation [Repealed]
130F	Teachers Council to keep list [Repealed]
130G	Cancellation of authorisation [Repealed]
130H	Fees and costs [Repealed]
	Teacher Registration Board [Repealed]
131	Teacher Registration Board [Repealed]
132	Membership of Registration Board [Repealed]
133	Certain people ineligible to be members [Repealed]
134	Co-opted members [Repealed]
135	Powers of Registration Board [Repealed]
135A	Teachers Council may disclose certain information [Repealed]
136	Teachers Council may charge fees and impose costs [Repealed]
137	Offences [Repealed]
138	Council to notify cancellations [Repealed]
138A	Notification of convictions [Repealed]
138B	Notification by certain employers [Repealed]
139	Transitional provisions [Repealed]
	Part 10A New Zealand Teachers Council [Repealed]
139AA	Purpose of Part [Repealed]
139AB	Interpretation [Repealed]
	Teachers Council [Repealed]
139AC	New Zealand Teachers Council established [Repealed]
139AD	Composition of Teachers Council [Repealed]
139AE	Functions of Teachers Council [Repealed]
139AF	Powers of Teachers Council [Repealed]
139AG	Ministerial directions [Repealed]
139AH	Advisory groups [Repealed]
139AI	Code of ethics [Repealed]
139AJ	Teachers Council to make rules [Repealed]
139AJA	Delegations [Repealed]
139AJB	Chief executive [Repealed]
139AJC	Superannuation [Repealed]
	Mandatory reporting [Repealed]
139AK	Mandatory reporting of dismissals and resignations [Repealed]
139AL	Mandatory reporting of complaints received about former employees [Repealed]
139AM	Mandatory reporting of possible serious misconduct [Repealed]
139AN	Mandatory reporting of failure to reach required level of competence [Repealed]
139AO	Offence to fail to report [Repealed]
139AP	Mandatory reporting of convictions [Repealed]
	Disciplinary functions [Repealed]
139AQ	Disciplinary bodies [Repealed]
139AR	Complaints of misconduct [Repealed]
139AS	Complaints and reports relating to teacher conduct [Repealed]
139AT	Powers of Complaints Assessment Committee [Repealed]
139AU	Interim suspension until matter about or involving possible serious misconduct concluded [Repealed]
139AUA	Duration of interim suspension [Repealed]
139AV	Investigation by Complaints Assessment Committee of reports of convictions [Repealed]
139AW	Powers of Disciplinary Tribunal [Repealed]
139AX	Evidence at hearings [Repealed]
139AY	Powers of Disciplinary Tribunal in relation to witnesses [Repealed]
139AZ	Offences [Repealed]
139AZA	Privileges and immunities [Repealed]
139AZB	Appeals [Repealed]
	Review of competence [Repealed]
139AZC	Complaints about competence [Repealed]
139AZCA	Investigation of mandatory reports about competence [Repealed]
139AZCB	Powers of Teachers Council after finding required level of competence not attained [Repealed]
	Police vetting [Repealed]
139AZD	Teachers Council must co-ordinate Police vetting [Repealed]
	Part 11 Miscellaneous
139A	No corporal punishment in early childhood services or registered schools
139AB	No seclusion at or on behalf of registered school or early childhood service
139AC	Limits on use of physical restraint in schools
139AD	Rules on physical restraint
139AE	Guidelines on physical restraint
139AAA	Surrender and retention of property
139AAB	Searches of clothing and bags or other containers
139AAC	Restrictions on searches under section 139AAB
139AAD	Limitations on sections 139AAA and 139AAB
139AAE	Prohibitions on searches by contractors
139AAF	Refusal to reveal, produce, or surrender item
139AAG	Power to search storage containers not affected
139AAH	Rules about surrender and retention of property and searches
139AAI	Guidelines about surrender and retention of property and searches
139B	Building Act 2004
139C	Offence of insulting, abusing, or intimidating staff
139D	School transport
139E	Bonds for trainee teachers
140	Initial appointment of primary teachers [Repealed]
141	Consequential amendments to Private Schools Conditional Integration Act 1975 [Repealed]
142	Other consequential amendments, repeals, revocations, and savings
143	Education boards and secondary schools councils abolished
144	Department of Education abolished
144A	Secretary may require information for proper administration of Act
144B	Purpose of sections 144C to 144E
144C	Regulations about school hostels
144D	Inspection of hostels
144E	Authorised person for purpose of section 144D
	Part 12 Establishment of schools
145AAA	Purpose of Part
145	Interpretation
146	Minister may establish schools
146A	Single sex schools
147	Names of State schools
148	Normal schools, etc
149	Intermediate departments
150	Contributing schools
151	Provision of education at composite schools
152	Correspondence schools
153	Minister may change class of school
154	Closure of schools
154A	Minister may redesignate, or remove designation from, schools
155	Kura Kaupapa Maori
155A	Te Aho Matua
155B	Te kaitiaki o Te Aho Matua
155C	Application of section 155
155D	Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
155E	Acknowledgment of adoption of Te Aho Matua
155F	Protection of term Kura Kaupapa Maori
156	Designated character schools
156AA	Process for establishing designated character schools
156A	Minister may merge schools
156AB	Election or appointment of boards of continuing schools
156AC	Alternative constitutions for continuing schools
156B	Restrictions on mergers in certain cases
156C	Property held in trust
157	Consultations
157A	Community education forums
158	Provision by one board of tuition for students enrolled at school administered by another
	Part 12A Partnership schools kura hourua [Repealed]
158A	Interpretation [Repealed]
	Approval and operation of partnership schools kura hourua [Repealed]
158B	Minister may approve sponsors [Repealed]
158C	Minister must appoint advisory group [Repealed]
158D	Partnership school contracts [Repealed]
158E	Complaints [Repealed]
158F	Prohibitions on operation of partnership schools kura hourua [Repealed]
158G	Sponsor’s duties [Repealed]
158H	Sponsor to control management of partnership school kura hourua [Repealed]
158I	School rules [Repealed]
158J	Sponsor’s power to delegate [Repealed]
158K	Annual financial statements of partnership schools kura hourua [Repealed]
158L	Partnership school kura hourua may participate in school risk management scheme [Repealed]
158M	Intervention in partnership school kura hourua by Secretary [Repealed]
	Enrolment in partnership schools kura hourua [Repealed]
158N	Enrolment in partnership schools kura hourua [Repealed]
158O	Equal rights to primary and secondary education in partnership schools kura hourua [Repealed]
158P	Special education in partnership schools kura hourua [Repealed]
	Multiple timetable arrangements [Repealed]
158Q	Multiple timetable arrangements in partnership schools kura hourua [Repealed]
	Exclusions [Repealed]
158R	Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua [Repealed]
158S	Re-enrolment by partnership school kura hourua of student excluded or expelled [Repealed]
	Courses and visits [Repealed]
158T	Courses and visits outside partnership school kura hourua premises [Repealed]
	Application of Act to partnership schools kura hourua [Repealed]
158U	Application of this Act to partnership schools kura hourua [Repealed]
158V	Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua [Repealed]
	Application of other Acts to partnership schools kura hourua [Repealed]
158W	Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua [Repealed]
158X	Application of Privacy Act 1993 to partnership schools kura hourua [Repealed]
158Y	Official Information Act 1982 not to apply to partnership schools kura hourua [Repealed]
158Z	Application of State Sector Act 1988 to institutions sponsoring partnership schools kura hourua [Repealed]
158ZA	Application of Ombudsmen Act 1975 to institutions sponsoring partnership schools kura hourua [Repealed]
	Part 13 General provisions relating to tertiary education
159AAA	Object of provisions relating to tertiary education
159	Interpretation
159AA	Tertiary education strategy
159AB	Importance of tertiary education strategy
159AC	Revocation and replacement or amendment of tertiary education strategy
159AD	Roles within tertiary education sector
159AE	Ministry may hold and disseminate information
159AF	Secretary may delegate certain powers and functions to Commission
	Part 13A Tertiary Education Commission
	Preliminary provisions
159A	Purpose of Part
159ABA	Outline of framework for planning, funding, and monitoring in tertiary education sector
159B	Definition of organisation
	Establishment of Commission
159C	Establishment of Commission
159D	Composition of Commission
159E	Charging
	Functions of Commission
159F	Functions of Commission
159FA	Duties of Commission in relation to workforce development council
159FA	Offers of employment in equivalent positions for Careers New Zealand employees [Repealed]
159FB	Power of Commission to require information from workforce development council
159FB	Effect of offers on certain agreements and entitlements [Repealed]
159FC	Power of Commission to audit workforce development council
159FC	No compensation for technical redundancy of employees of Careers New Zealand [Repealed]
159FD	Repeal of sections 159FA to 159FD [Repealed]
159G	Principles guiding how Commission operates
159H	Minister may review performance of Commission [Repealed]
159I	Delegation of functions or powers of Minister
159J	Minister may direct Commission
159K	Application of Commerce Act 1986
159KA	Chief executive
159KB	Responsibilities of chief executive
159KBA	Monitoring and reporting function of chief executive in relation to institutions
159KBB	Additional requirement of NZIST’s council to provide information
159KC	Declaration of interests
159KD	Superannuation
159KE	Statement of intent
159KEA	Statement of performance expectations
159KF	Annual report
159KG	Certain powers must not be delegated
	Funding mechanisms
159L	Minister determines design of funding mechanisms
159M	Restrictions on design of funding mechanisms
159N	Funding mechanisms consistent with quality assurance principle
159O	Commission to implement funding mechanisms
159OA	Variation of determination of design of funding mechanisms
	Requirements for, and content of, proposed plans
159P	Requirements for proposed plans
159Q	Exemption from certain requirements for proposed plans
159R	Content of, and processes for submitting, proposed plans prescribed by Commission
159S	Commission may exempt organisation from complying with certain matters
	Submitting proposed plan
159T	Who must submit proposed plan
159U	Exemption from requirement to submit proposed plan
159V	Frequency of submitting proposed plans
159W	Submitting combined proposed plan
	Preparing and consulting on proposed plans
159X	Preparing and consulting on proposed plans
	Assessment of proposed plans and giving of funding approval
159Y	Criteria for assessing proposed plans
159YA	Commission’s assessment of proposed plans, giving of funding approval, and payment of funding
159YB	Commission may decline to assess proposed plan
159YC	Conditions on receiving funding under section 159YA
159YD	Accountability for funding received under section 159YA
	Expiry of funding approval
159YE	Expiry of funding approval
159YF	Effect of expiry of funding approval
	Suspension or revocation of funding given under section 159YA
159YG	Commission may suspend, revoke, or withdraw funding given under section 159YA
159YH	Extending suspension of funding
159YI	Effect of suspending, revoking, or withdrawing funding given under section 159YA
159YJ	Review of decision by delegate to suspend or revoke funding given under section 159YA
	Amending or replacing plans
159YK	Organisation may seek approval for significant amendment, or replacement, of plan
159YL	Effect of significant amendment or replacement of plan under section 159YK
159YM	Commission may make significant amendment to plan
159YN	Effect of significant amendment made to plan under section 159YM
	Plan summary
159YO	Summary of plans
159Z	Profiles must be publicly available [Repealed]
	Funding by Commission [Repealed]
159ZA	Minister must determine design of funding mechanisms [Repealed]
159ZB	Approval of profiles for funding purposes [Repealed]
	Funding under this Part other than via plans
159ZC	Funding other than via plans
159ZD	Conditions on funding received under section 159ZC
159ZE	Accountability for funding received under section 159ZC
159ZF	Commission may suspend, revoke, or withdraw funding given under section 159ZC
159ZG	Extending suspension of funding
159ZH	Review of decision made by delegate to suspend or revoke funding under section 159ZC
	Part 14 Establishment and disestablishment of tertiary institutions
160	Object
161	Academic freedom and institutional autonomy of institutions (other than NZIST)
162	Establishment of institutions
163	Constitution of institutions
164	Disestablishment of institutions
	Part 15 Administration of tertiary institutions
164A	Interpretation
	Councils
165	Institutions to be governed by councils
166	Incorporation
167	Common seal
167A	Method of contracting
	Constitution of councils
168	Constitutions of councils of existing institutions [Repealed]
169	Constitutions of councils of new institutions
170	Amendment of constitution
170A	Constitution to provide for membership of council
171	Membership of council
171A	Certain people disqualified from appointment
171B	Matters to be considered when appointing members
171C	Statutes relating to appointment of members by councils of institutions
171D	Limitations on number of occasions on which people may be appointed as members of councils
171E	Membership of more than 1 council
171F	Certain acts and proceedings not invalidated by defects
172	Transitional provisions relating to an institution’s first council [Repealed]
173	Term of office
174	Vacation of office
175	Disclosure of interest
176	Casual vacancies
176A	Individual duties of members of councils
176B	Accountability for individual duties
176C	Removal of members
176D	Process for removal
176E	Application of Local Authorities (Members’ Interests) Act 1968
177	Chairperson and deputy chairperson
178	Meetings of councils
179	Fees and allowances
	Functions and duties of councils
180	Functions of councils
181	Duties of councils
182	Determination of policy
183	Personal liability
	Charters [Repealed]
184	Each institution to have charter [Repealed]
184A	Interim arrangements for charters [Repealed]
185	Consultations [Repealed]
186	Consideration of proposed charter or amendment [Repealed]
187	Power of Minister to initiate amendment of charter [Repealed]
188	Approval of charter or amendment [Repealed]
189	What happens if institution has no charter [Repealed]
190	Mandatory requirements for charter [Repealed]
191	Charter to be available for inspection [Repealed]
	Profiles [Repealed]
191A	Each institution to have a profile [Repealed]
	Powers of institutions and councils
192	Powers of institutions
193	Powers of councils
194	Statutes
195	Trust property
	Institutions at risk
195A	Criteria for risk assessment of institutions (other than NZIST)
195B	Institutions to provide information if required
195C	Minister may appoint Crown observer
195D	Minister may dissolve council and appoint commissioner
195DA	Protection of commissioners
195E	Powers and functions of commissioner
195F	Minister to appoint advisory committee
195G	Review of operation of sections 195A to 195F
	Chief executive and staff
196	Duties of chief executive
197	Delegation by chief executive
198	Transitional provisions for employment of staff
	Bulk funding [Repealed]
199	Grants to institutions [Repealed]
	Finance
200	Bank accounts
201	Proper accounts to be kept
201A	How institutions may use income and capital
201B	Gifts
201C	Council may establish common fund
201D	Investment of funds held in common fund
201E	Income and capital of common fund
202	Application of money
203	Institutions are Crown entities
	Miscellaneous provisions
204	Transfer of assets and liabilities on commencement
205	Taxes and duties in relation to property of existing institutions
206	Transfer of Crown assets and liabilities to institutions
207	Provisions relating to transfer of land
208	Title to land
209	Land certification
210	Maori land claims
211	Registrar-General of Land to register necessary memorial
212	Resumption of land on recommendations of Waitangi Tribunal
213	Resumption of land to be effected under Public Works Act 1981
214	Resumption of Wahi Tapu
215	Orders in Council relating to transfer of assets and liabilities
216	Interpretation relating to transfer of assets and liabilities
217	Effect of disestablishment
218	Taxes and duties where disestablished institution incorporated into other institution
219	Taxes and duties in other cases
220	Annual report
220A	Minister may require related entities to prepare statements or reports
221	Annual report to be available for inspection
222	Delegation by council
	Part 15A New Zealand Institute of Skills and Technology
	Polytechnic councils [Repealed]
222AA	Constitution of polytechnic councils [Repealed]
222AB	Statutes relating to appointment of members by polytechnic councils [Repealed]
222AC	Membership of more than one polytechnic council [Repealed]
222AD	Matters to be considered when appointments made [Repealed]
222AE	Term of office [Repealed]
222AF	Reappointment and re-election [Repealed]
222AG	Chairperson and deputy chairperson [Repealed]
222AH	Duties of members of polytechnic councils [Repealed]
222AI	Accountability for individual duties [Repealed]
222AJ	Removal of members [Repealed]
222AK	Process for removal [Repealed]
	Combination of polytechnic councils [Repealed]
222AL	Voluntary combination of councils [Repealed]
222AM	Constitution of combined councils [Repealed]
222AN	Effect of combination [Repealed]
222AO	Dissolution of combined council [Repealed]
222AP	Effect of dissolution [Repealed]
222AQ	Initial membership of polytechnic councils after dissolution of combined council [Repealed]
	Combined academic boards [Repealed]
222AR	Polytechnic councils may establish combined academic boards [Repealed]
	Interventions [Repealed]
222A	NZIST established
222B	Functions of NZIST
222C	NZIST’s charter
222D	Minister may specify administrative regions for NZIST
222E	Academic freedom of NZIST
222F	NZIST must establish regional divisions
	NZIST’s council
222G	Membership of NZIST’s council
222H	Matters to be considered when Minister appoints members to NZIST’s council
222I	Chairperson and deputy chairperson
222J	Term of office
	Additional provisions applying to NZIST’s council and NZIST subsidiaries
222K	Determination of policy
222L	NZIST’s council must establish advisory committees
222M	Membership of advisory committees
222N	NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
222O	NZIST subsidiary must obtain consent before exercising powers under section 192(4)
	Interventions
222P	Criteria for risk assessment of NZIST and related entities
222Q	NZIST or related entity must provide information if required
222R	Minister may appoint Crown observer
222S	Specialist help
222T	Performance improvement plan
222U	Minister may appoint Crown manager
222V	Protection of Crown manager
222W	Powers may be used concurrently
222X	Minister may dissolve NZIST’s council and appoint commissioner
222Y	NZIST’s council may request intervention
	Application of Crown Entities Act 2004 to NZIST’s council
222Z	Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
	Further provisions relating to NZIST subsidiaries
222ZA	Formation of NZIST subsidiaries
222ZB	Application of Schedule 23
	Part 16 Programmes and students
223	Programmes
224	Enrolment of students
225	Records relating to students
226	Secretary may require information
226A	Disclosure of enrolment information by institutions
226B	Offences concerning information requests
227	Fees for domestic students
227A	Ministerial direction to institutions relating to compulsory student services fees
228	Fees for international students
228A	Tertiary institutions to give prospective students information about fees
229	Fees payable to associations of students [Repealed]
	Part 16A Membership of associations of tertiary students
229A	Membership of students association voluntary
229B	Undue influence
229C	Complaints
229CA	Students association membership fees
229D	Sections 229A to 229CA apply to private training establishments
	Part 17 Education Review Office [Repealed]
230	Review of institutions [Repealed]
231	Powers of Chief Review Officer [Repealed]
	Part 18 Private training establishments
	Interpretation
232	Interpretation
	Recognition of community tertiary education provider
232AA	Minister may recognise community tertiary education provider
	Programmes and training schemes in which international students enrolled
232A	Requirements that private training establishments must comply with before enrolling international students
232B	Exemptions
232C	Requirement to be registered before providing approved programmes or training schemes
	Applications for registration
232D	Applications for registration of private training establishments
232E	Authority may verify identity of governing members of private training establishment
	Determination of application
233	Grant or refusal of application
233A	Criteria for determining whether governing member of private training establishment is fit and proper person
	Conditions and other requirements of registration
233B	Conditions of registration
233C	Annual fee
	Cancellation and lapse of registration
233D	Cancellation of registration
233E	Effect of cancellation
234	Lapse of registration
	Fees for domestic students
234A	Fees for domestic students and employers must not exceed maximums set in conditions of funding
	Information that must be given to prospective students
234B	Information that private training establishments must give prospective students
	Protection of student fees
234C	Interpretation
234D	Application of rules relating to student fee protection
234E	Student fees must be deposited with independent trustee
235	Refund entitlements of domestic students
235A	Refund entitlements of international students
235B	Refund requirements set by Gazette notice
235C	Rules apply if students withdraw because of programme or training scheme closure
235D	Ministerial direction to registered private training establishments relating to compulsory student services fees
	Information sharing with other government departments
235E	Private training establishment to notify immigration officer if student withdraws from programme or training scheme
235F	Disclosure of enrolment information by private training establishments
236	Offences concerning information requests
236AA	Conditions on registration [Repealed]
	Student records
236A	Duties of private training establishments to maintain student records
236AB	Refund requirements set by Gazette notice [Repealed]
236B	Establishment to notify immigration officer if student withdraws from course [Repealed]
236C	Fees for domestic students must not exceed maximums set in conditions of funding [Repealed]
237	Cancellation of registration [Repealed]
238	Notice [Repealed]
238A	Grants to private training establishments [Repealed]
238B	Disclosure of enrolment information by private training establishments [Repealed]
238C	Offences concerning information requests [Repealed]
	Part 18A Pastoral care of students
238D	Interpretation
	Enrolment of international students
238E	Signatory providers may enrol persons as international students
238EA	Obligation on provider to enrol person as international student [Repealed]
238F	Providers must enrol persons as international students in certain circumstances
238FA	Appointment of code administrator [Repealed]
238FB	Code administrator may issue compliance notices [Repealed]
238FC	Signatory providers to comply with compliance notices [Repealed]
	Pastoral care of domestic and international students
238G	Pastoral care codes of practice
238H	Code administrators
	Compliance
238I	Quality improvement notices
238J	Compliance notices
238K	Providers and signatory providers to comply with notices
238L	Sanctions for breach of code
	Dispute resolution
238M	Student contract dispute resolution scheme established
238N	Cap on amount to be paid
238O	District Court to enforce DRS
238P	Rules of student contract dispute resolution scheme
	Export education levy
238Q	Export education levy
238R	How export education levy may be applied
	Offences and penalties
238S	Offence relating to breach of code resulting in serious harm to or death of students
238T	Pecuniary penalty relating to breach of code
238U	Relationship between offences and penalties
	Part 19 Vice-Chancellors Committee
239	Definitions
240	Establishment of Committee
241	Functions of Committee
242	Powers of Committee
243	Devolution of certain property
244	Taxes and duties in relation to Vice-Chancellors Committee
245	General saving of statutes, etc, of University of New Zealand
	Part 20 New Zealand Qualifications Authority
	Interpretation
246	Interpretation
	Functions of Qualifications Authority
246A	Functions of Authority
247	Certain functions of Authority in relation to entrance to universities
	New Zealand Qualifications Framework
248	New Zealand Qualifications Framework
	Directory of Assessment Standards
248A	Directory of Assessment Standards
248B	Standard-setting bodies
	Approval of programmes
249	Approval of programmes
249A	Conditions on programme approvals
	Accreditation to provide approved programmes
250	Accreditation to provide approved programmes
250A	Conditions on accreditation
250B	Lapse of accreditation
250C	Withdrawal of accreditation
	Training schemes and consents to assess against standards
251	Application for training scheme approval
251A	Conditions of training scheme approval
251B	Withdrawal of training scheme approval
251C	Lapse of training scheme approval
	Consent to assess against standards
252	Consent to assess against standards
252A	Conditions
252B	When a consent expires or ceases to have effect
	Rules
253	Rules
	Functions and powers of Authority in relation to universities
253A	Exercise of certain powers of Authority by Vice-Chancellors Committee
	Granting of awards
253B	Powers of Authority in granting of awards
	Use of certain terms in name or description of registered establishment or wananga
253C	Minister may consent to use of certain terms in name or description of registered establishment or wananga
	Fees
254	Fees
	Enforcement powers of Authority
254A	Power to obtain information
254B	Chief executive [Repealed]
254C	Membership of Government Superannuation Fund [Repealed]
254D	Employees transferring from other government employment [Repealed]
254E	Taxation [Repealed]
255	Compliance notices
255A	Powers of entry and inspection
	Research
256	Research
	Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority
256A	Continuation of New Zealand Qualifications Authority
256B	Constitution
256C	Chief executive
256D	Delegation by Authority
256E	Membership of Government Superannuation Fund
256F	Child care allowances
256G	Taxation
257	Entrance to universities [Repealed]
258	Approval of courses [Repealed]
258A	Conditions on course approvals [Repealed]
259	Accreditation to provide approved courses [Repealed]
259A	Conditions on accreditation to provide approved courses [Repealed]
260	Exercise of certain powers of Authority [Repealed]
261	Only accredited institutions to provide approved courses [Repealed]
262	Notice [Repealed]
263	Awards for approved nationally recognised courses [Repealed]
264	Applications for consents by Authority [Repealed]
264A	Minister may consent to registered establishments using certain terms in their names [Repealed]
265	Examination and assessment [Repealed]
266	Fees [Repealed]
267	Saving of certain statutes, etc, of University of New Zealand [Repealed]
268	Powers of Minister [Repealed]
	Part 21 Education New Zealand
269	Education New Zealand established
269A	Interpretation
270	Functions
271	International education strategy
272	Membership of board of Education New Zealand
272A	Special advisers to the board
272B	International education stakeholder advisory committee
273	Chief executive
273A	Responsibilities of chief executive
273B	Superannuation
273C	Contents of documents [Repealed]
273D	Amendments to documents [Repealed]
273E	Revocation of documents [Repealed]
273F	Board to comply with document of accountability [Repealed]
273G	Non-compliance with document [Repealed]
273H	Minister may dismiss Board where non-compliance not rectified [Repealed]
273I	Minister to publish certain documents and directions [Repealed]
274	Application of Part 2 of Commerce Act 1986
274A	Transfer of Ministry employees to Education New Zealand
274B	No compensation for technical redundancy of employees of Education New Zealand Trust
275	Power of Secretary to obtain information [Repealed]
276	Powers of Board [Repealed]
277	Transitional provisions relating to Education and Training Support Agency [Repealed]
	Part 22 Careers New Zealand [Repealed]
278	Interpretation [Repealed]
279	Careers New Zealand is service for purposes of this Part [Repealed]
280	Functions of Service [Repealed]
281	Continuation of Board [Repealed]
282	Duties of Board [Repealed]
283	Charter of Service [Repealed]
283A	Minister may require Board to negotiate document of accountability [Repealed]
283B	Minister may prepare document where no agreement reached [Repealed]
283C	Contents of statement of intent [Repealed]
283D	Amendments to documents [Repealed]
283E	Revocation of documents [Repealed]
283F	Board to comply with document of accountability [Repealed]
283G	Non-compliance with document [Repealed]
283H	Minister may dismiss Board where non-compliance not rectified [Repealed]
283I	Minister to publish certain documents and directions [Repealed]
284	Communication of government policy to the Board [Repealed]
285	Power of Secretary to obtain information [Repealed]
286	Powers of Board [Repealed]
286A	Child care allowances [Repealed]
286B	Chief executive [Repealed]
286C	Membership of Government Superannuation Fund [Repealed]
286D	Employees transferring from Ministry and education boards [Repealed]
286E	Board may not delegate power to appoint general manager [Repealed]
286F	Delegations to general manager [Repealed]
286G	Taxation [Repealed]
	Part 23 Tertiary Research Board [Repealed]
287	Definitions [Repealed]
288	Establishment of Board [Repealed]
289	Constitution of Board [Repealed]
290	Functions of Board [Repealed]
291	Powers of Board [Repealed]
	Part 24 Miscellaneous provisions
292	Offences relating to use of certain terms
292A	Offences relating to false representations
292B	Liability of body corporate and directors in respect of false representations
292C	Offence to issue false qualifications and falsify records
292D	Offence to fail to comply with section 236A (student records)
292E	Offence to provide or advertise cheating services
292F	Offences relating to enrolment of international students and registration of private training establishments
292G	Offence to contravene requirements in section 234E relating to student fees
292H	Injunctions and orders of High Court
293	Transitional provisions consequential on repeal of Adult Education Act 1963
294	Taxes and duties in relation to property of former National Council of Adult Education
295	Transitional provisions consequential on repeal of Trades Certification Act 1966
296	Taxes and duties in relation to property of former New Zealand Trades Certification Board
297	Transitional provisions consequential on repeal of Universities Act 1961
298	Taxes and duties in relation to certain property of former University Grants Committee
299	Transitional provisions consequential on repeal of Vocational Awards Act 1979
299A	Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015 [Repealed]
299B	Transitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015
300	Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
301	Regulations
301A	Change of names of education entities
	Part 25 Student allowances and administration of student loans
302	Interpretation
303	Student allowances
304	Student Allowance Appeal Authorities
304A	Other provisions relating to Student Allowance Appeal Authorities
304B	Appointment of temporary acting Authority
304C	Orderly and efficient operation
305	Appeals
306	Procedures to be prescribed
306AA	Practice notes
306AB	Online publication of information about procedures, time frames, and progress of decisions
306AC	Online publication of written decisions
306A	Disclosure of enrolment information by secondary schools
307	Recipients of allowances or student loans, and other persons, may be required to provide information
307AAA	Suspension or refusal for not providing information
307AA	Offences concerning allowances and student loans
307AB	Allowances identified by Gazette notice
307AC	Bonded scholarships
307A	Use of student allowance information for purposes of Social Security Act 2018
307B	Recovery of debts
307C	Ministry may carry out information matching of student loan information [Repealed]
307D	Details of academic performance
	Part 26 Early childhood education and care
	Interpretation
308	Overview
309	Interpretation
310	Meaning of early childhood education and care centre
	Funding
311	Funding of certain early childhood services and certificated playgroups
311A	Grants to licence-exempt centres [Repealed]
311B	Reporting requirements if grant paid to licence-exempt centre [Repealed]
312	Loans to licensed early childhood services
	Administration and curriculum
313	Administrative requirements
314	Curriculum framework
	Licensing and certification provisions
315	Service providers operating early childhood education and care centres to be licensed
315AA	Police vetting of contractors and their employees who work at early childhood services [Repealed]
315AB	Internal procedures relating to Police vets [Repealed]
315A	Payment of fees for attendance of children at kindergartens [Repealed]
316	Certain service providers may be licensed
317	Regulations relating to licensing
317A	Requirements for licensed home-based education and care service
318	Playgroups may be certificated
319	Regulations relating to certification of playgroups
319AA	Application of Legislation Act 2012 to certain material incorporated by reference
	Powers of entry and inspection
319A	Parent’s right of entry
319B	Powers of entry and inspection without warrant
319C	Powers of entry and inspection with warrant
	Police vetting of employees
319D	Police vetting of non-teaching and unregistered employees at licensed early childhood services
319E	Police vetting of contractors and their employees who work at licensed early childhood services
319F	Police vet must be obtained before person has unsupervised access to children
319FA	Procedures relating to Police vets under section 319D or 319E
	Police vetting of household members for home-based services
319FB	Police vetting of adult members of household where licensed home-based education and care service provided
319FC	When Police vet under section 319FB must be obtained
319FD	Procedures relating to Police vets under section 319FB
	Service provider to obtain further Police vets under this Part every 3 years
319FE	Further Police vets to be obtained every 3 years
	Miscellaneous
319G	Offence of insulting, abusing, or intimidating staff
319H	Offence of obstructing power of entry
319I	Payment of fees for attendance of children at kindergartens
319J	Centres situated on property owned by, or leased to, the Crown
	Transitional provisions
319K	Existing early childhood centres deemed to be licensed
319L	Existing chartered care arrangers deemed to be licensed
319M	Funding conditions during transitional period
319N	Existing regulations preserved
319O	Licence-exempt centres may continue
	Part 27 Recognition and funding of other services
320	Interpretation
321	Grants to educational bodies
322	Educational bodies to keep accounts
	Part 28 Review of educational services
323	Interpretation
324	Educational services to which this Part applies
325	Chief Review Officer to perform certain functions
326	Review officers
327	Powers of entry and inspection
328	Review officers to prove identity
	Provisions concerning students with enrolment exemption
328A	Functions of Chief Review Officer
328B	Review officers
328C	Powers of review officers for purposes of sections 328A to 328D
328D	Review officers to prove identity before acting under section 328C
	Provisions concerning hostels
328E	Functions of Chief Review Officer
328F	Review officers
328G	Powers of review officers for purposes of sections 328E to 328H
328H	Review officers to prove identity before acting under section 328G
	Part 29 Learning Media Limited [Repealed]
329	Interpretation [Repealed]
330	Incorporation of company [Repealed]
331	Principal objective of company [Repealed]
332	Crown shareholding [Repealed]
333	Application of Government Superannuation Fund Act 1956 [Repealed]
334	Application of Public Finance Act 1989 [Repealed]
335	Auditor [Repealed]
336	Application of Companies Act 1955 [Repealed]
337	Personnel policy [Repealed]
338	Equal employment opportunities programme [Repealed]
339	Consultation with State Services Commissioner [Repealed]
340	Existing rights, assets, liabilities, and debts [Repealed]
	Part 30 National student numbers
341	Purpose
342	Interpretation
343	Assigning national student numbers
344	Use of national student numbers
345	Person may use or disclose own national student number
346	Offences
347	Regulations
	Part 31 Teacher registration
348	Interpretation
	Restrictions on appointment and employment of teaching staff
349	Restrictions on appointment of teachers
350	Restrictions on continued employment of teachers
350A	Special provision for chief executive of correspondence school
351	Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
	Teacher registration
352	Applications for registration as teacher
353	Registration
354	Determining whether training satisfactory
355	Determining good character and fitness to be teacher
356	Appeals from decisions of Teaching Council
357	Cancellation of registration as teacher
358	Voluntary deregistration
359	Teaching Council to keep register of people registered as teachers
360	Matching of register information and information about payment of teacher salaries at payrolled schools
361	Practising certificates
362	Cancellation of practising certificate
363	Determining whether employment satisfactorily completed
364	Fees and costs for registration and practising certificates
	Limited authority to teach
365	Purpose of limited authority to teach
366	Limited authority to teach
367	Cancellation of limited authority to teach
368	Determining character or fitness to hold limited authority to teach
369	Appeals from decisions
370	Period of authorisation
371	Teaching Council to keep list of persons who have limited authority to teach
372	Fees and costs for granting limited authority to teach
	Miscellaneous provisions
373	Teaching Council may disclose certain information
374	Offences
375	Periods of registration before commencement of this section
	Part 32 Teaching Council
376	Purpose of Part
377	Purpose of Teaching Council
378	Interpretation
	Teaching Council
379	Continuation and renaming of Council
380	Composition of Teaching Council
380A	Term of office
380B	Removal of members
381	Duties of members of Teaching Council
382	Functions of Teaching Council
382A	Issue of statement of Government policy relating to Teaching Council’s functions
383	Powers of Teaching Council
384	Ministerial powers
385	Reports
386	Advisory boards
387	Code of conduct
388	Teaching Council to make rules
389	Delegations
390	Chief executive and employees
391	Superannuation
	Mandatory reporting
392	Mandatory reporting of dismissals and resignations
393	Mandatory reporting of complaints received about former employees
394	Mandatory reporting of possible serious misconduct
395	Mandatory reporting of failure to reach required level of competence
396	Offence of failing to report
397	Mandatory reporting of convictions
	Disciplinary functions
398	Disciplinary bodies
399	Complaints about conduct
400	Complaints and reports relating to teacher conduct
401	Powers of Complaints Assessment Committee
402	Interim suspension until matter about or involving possible serious misconduct concluded
403	Duration of interim suspension
404	Powers of Disciplinary Tribunal
405	Evidence at Disciplinary Tribunal hearings
406	Powers of Disciplinary Tribunal in relation to witnesses
407	Offences
408	Privileges and immunities
409	Appeals from decisions of disciplinary bodies
	Review of competence
410AA	Competence Authority
410	Complaints about competence
411	Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
412	Powers of Competence Authority after finding required level of competence not attained
412A	Appeals from decisions of Competence Authority
	Police vetting
413	Teaching Council must co-ordinate Police vetting
	Part 33 State integrated schools
414	Interpretation
415	Part to bind the Crown
	Conditional integration
416	Preservation of special character of State integrated schools
417	State integrated schools part of State system
	Procedure for establishing, disestablishing, merging, and closing State integrated schools
418	Application to negotiate integration
419	Applications relating to proposed schools
420	Negotiation of integration agreements
421	Integration agreements
422	Other matters that may be included in integration agreements
423	Integration agreements: machinery matters
424	Effective date of integration agreement
425	Notification of integration agreement
426	Minister may require information to be provided
427	Cancellation of integration agreement
428	Cancellation by Minister
429	Cancellation by proprietor
430	Cancellation by agreement between parties
431	Mergers
432	Closure of State integrated school
433	Notification of cancellation or of closing of State integrated school
434	Disposal of assets on cancellation of integration agreement or closing of State integrated school
435	Repayment of moneys advanced
436	Moneys to be paid into Crown Bank Account
437	Certain assets remain vested in proprietors
438	Restriction on cancellation of integration agreement or closure of State integrated schools
439	Compensation
	Administration
440	Administration of State integrated schools
	Enrolment, conditions of attendance, and instruction of students at State integrated schools
441	Free education
442	Preference of enrolment
443	Participation in general school programmes
444	Instruction of students
445	Religious observances and religious instruction
446	School transport assistance
447	Attendance dues
448	Withdrawal and reinstatement of right to charge attendance dues
449	Consequences of failure to pay attendance dues
450	Accounts for attendance dues
451	Financial contributions
452	Restrictions on fund-raising
453	Accounts of money raised under section 451
454	Fund-raising
455	Use of school office
	Proprietors of State integrated schools
456	Powers and responsibilities of proprietors
457	Decision-making criteria for proprietors
458	Consequences of failure to arrange insurance
459	Proprietors not to question curriculum or teaching methods
460	Leases of land
461	Assistance to proprietors
462	Proprietors unable to meet obligations
	Appointment and employment of teachers
463	Requirements in respect of appointments of teachers
464	Religious instruction: appointments to special positions relating to character of State integrated school
465	Effect of religious instruction requirements in advertisements
466	Restrictions on requirement for teacher to take part in religious instruction
467	Other special positions
468	Selection for appointment
469	Requirements in respect of appointments
470	Employment for special purposes
471	Appointment of teachers on integration
472	Other employees
473	No compensation for determination of employment
	General provisions
474	Grants to private schools before integration
475	Relationship between this Part and other Parts and other enactments
476	Regulations relating to State integrated schools
	Part 33A Directions relating to COVID-19
476A	Application and purpose of Part
476B	Interpretation
476C	Power for Secretary to direct institutions in relation to COVID-19 measures
476D	Effect of directions
476E	Publication and review of directions
476F	Academic freedom unaffected
	Part 34 Vocational education and training
477	Interpretation
478	Training agreements and apprenticeship training agreements part of employment agreement
	Subpart 1—Workforce development councils
479	Establishment of workforce development councils
480	Disestablishment of workforce development councils
481	Incorporation
482	Functions of workforce development councils
483	Workforce development council’s functions in relation to wananga
484	Workforce development council must not operate registered establishment
485	Duties of workforce development councils
486	Annual fee payable by workforce development council
487	Qualifications Authority may issue quality assurance improvement notice
488	Qualifications Authority may issue compliance notice
	Audit
489	Application of Public Audit Act 2001
	Validity of acts
490	Act in breach of statute invalid
491	Some natural person acts protected
	Subpart 2—Apprenticeships
492	Interpretation
493	Apprenticeship training activities must be included in proposed plan
494	Duties of persons carrying out apprenticeship training activities
495	Minister may issue apprenticeship training code
496	Availability of apprenticeship training code
497	Apprenticeship training code to be taken into account by mediator, Employment Relations Authority, and Employment Court
498	Application of Legislation Act 2012 to apprenticeship training code
	Subpart 3—Training levy
499	Interpretation
500	Purpose of levy
	Imposition of levy
501	Levy may be imposed by Order in Council
502	Restrictions on making of levy orders
503	Matters to be specified in levy orders
504	Purposes for which levy may be required
505	Levy order may require provision of information
506	Orders are confirmable instruments
507	Expiry of levy orders
	Ballots
508	Independent returning officer must conduct ballot
509	Workforce development council must identify potential members of levy group
510	Returning officer must notify potential members of levy group
511	Commission must resolve coverage disputes
512	Population to be balloted
513	Requirements of ballot papers
514	Returning officer must count votes
515	Returning officer must keep ballot papers, etc
	Collection of levy
516	Levy is payable by qualifying members to workforce development council
517	Certificate of exemption
518	Method of collecting levy
519	Levy order may provide for collection by agent
	Duties of workforce development councils and others in relation to levies
520	Levy funds must be kept in separate bank accounts and used only for authorised purposes
521	Duty to keep records
522	Duty to provide annual report
523	Duty to protect commercially sensitive information
	Disputes
524	Arbitration or mediation system must be established
525	Disputes about coverage
526	Appeals to District Court
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Administrative provisions applying to Board continued by section 37 [Repealed]
	Schedule 3 Administrative provisions applying to Board continued by section 43 [Repealed]
	Schedule 4 Administrative provisions applying to Parent Advocacy Council [Repealed]
	Schedule 5 Specified institutions
	Schedule 5A Application of Crown Entities Act 2004 to school boards of trustees
	Schedule 6 Boards of trustees
	Schedule 7 New Zealand Teachers Council and members [Repealed]
	Schedule 8 Consequential amendments to Private Schools Conditional Integration Act 1975
	Schedule 9 Consequential amendments to Education Act 1964
	Schedule 10 Other consequential amendments
	Schedule 11 Consequential repeals
	Schedule 12 Consequential revocations
	Schedule 13 Existing institutions
	Schedule 13A Application of Crown Entities Act 2004 to tertiary education institutions
	Schedule 14 Administrative provisions applying to Vice-Chancellors Committee
	Schedule 15 Administrative provisions applying to New Zealand Qualifications Authority [Repealed]
	Schedule 16 Administrative provisions applying to the Agency continued by section 270 [Repealed]
	Schedule 17 Administrative provisions applying to the Service continued by section 279 [Repealed]
	Schedule 18 Administrative provisions applying to Tertiary Research Board [Repealed]
	Schedule 19 Transitional and savings provisions relating to councils of tertiary institutions [Repealed]
	Schedule 20 Transitional and savings provisions relating to other matters
	Schedule 21 Governance provisions of Teaching Council
	Schedule 22 NZIST’s charter
	Schedule 23 Provisions applying on dissolution of NZIST subsidiary
	Schedule 24 Matters to be specified in levy orders
	Schedule 25 Further provisions of Act that apply and do not apply to NZIST subsidiaries
	Education Amendment Act (No 4) 1991
	Education Amendment Act (No 2) 1998
	Education Standards Act 2001
	Education (Tertiary Reform) Amendment Act 2002
	Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004
	Education (Tertiary Reforms) Amendment Act 2007
	Education (Polytechnics) Amendment Act 2009
	Education Amendment Act 2010
	Education Amendment Act (No 3) 2010
	Education Amendment Act 2011
	Education (Freedom of Association) Amendment Act 2011
	Reprint notes

An Act to reform the administration of education

1 Short Title and commencement

(1)

This Act may be cited as the Education Act 1989.

(2)

Except as otherwise provided in this Act, this Act comes into force on 1 October 1989.

Part 1AA Early childhood and compulsory education: statement of National Education and Learning Priorities

Part 1AA: inserted, on 19 May 2017, by section 4 of the Education (Update) Amendment Act 2017 (2017 No 20).

1A Minister may issue statement of National Education and Learning Priorities

(1)

The Minister may, by notice in the Gazette, issue a statement of National Education and Learning Priorities for the early childhood and compulsory education sectors. The notice may contain the statement in full or describe the statement in general terms and indicate where the full text can be obtained.

(2)

A statement issued under this section—

(a)

must be consistent with the objectives set out in subsection (3); and

(b)

[Repealed]

(c)

must specify the date on which it comes into effect; and

(d)

remains in effect for a period of 5 years unless earlier withdrawn or replaced by notice in the Gazette; and

(e)

must be published on an Internet site maintained by the Ministry.

(3)

The objectives of the system for education and learning that is provided for in the specified Parts (that is, early childhood and compulsory education) are—

(a)

to focus on helping each child and young person to attain educational achievement to the best of his or her potential; and

(b)

to promote the development, in each child and young person, of the following abilities and attributes:

(i)

resilience, determination, confidence, and creative and critical thinking:

(ii)

good social skills and the ability to form good relationships:

(iii)

participation in community life and fulfilment of civic and social responsibilities:

(iv)

preparedness for work; and

(c)

to instil in each child and young person an appreciation of the importance of the following:

(i)

the inclusion within society of different groups and persons with different personal characteristics:

(ii)

the diversity of society:

(iii)

cultural knowledge, identity, and the different official languages:

(iv)

the Treaty of Waitangi and te reo Māori.

(4)

Before issuing a statement under this section, the Minister must comply with subsection (4A) and consult with those stakeholders in the early childhood and compulsory education sectors that he or she considers ought to be consulted.

(4A)

The Minister must make reasonable efforts to consult—

(a)

children and young people; and

(b)

national bodies representing the interests of teachers; and

(c)

national bodies representing the interests of principals; and

(d)

national bodies representing the interests of governing bodies of schools; and

(e)

national bodies representing the interests of early childhood services; and

(f)

national bodies representing the interests of parents; and

(g)

national bodies representing the interests of the disability community; and

(h)

national bodies representing the interests of support staff in schools and early childhood services; and

(i)

national bodies representing the interests of Māori education organisations; and

(j)

national bodies representing the interests of Pacific education organisations; and

(k)

national bodies representing the interests of proprietors of State integrated schools; and

(l)

national bodies with a particular role in respect of the character of designated character schools.

(5)

Minor changes to a statement issued under this section—

(a)

may be made without fulfilling the consultation requirements in subsections (4) and (4A); and

(b)

do not, for the purposes of subsection (2)(d), constitute a withdrawal or replacement of the statement being changed.

(5A)

A minor change under subsection (5) is limited to a technical, short, and uncontroversial amendment that does not change or extend the policy of the statement of National Education and Learning Priorities.

(6)

A statement issued under this section is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012, and does not have to be presented to the House of Representatives under section 41 of that Act.

(7)

Except as provided in subsection (2)(a), the objectives in subsection (3) do not affect or limit the way in which any person is required to exercise a power or perform a function under a specified Part.

(8)

In this section, specified Parts means this Part, Parts 2 to 3A, Parts 7 to 9, Parts 11 to 12A, Part 26, and Part 33.

Section 1A: inserted, on 19 May 2017, by section 4 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 1A(1): amended, on 7 November 2018, by section 4(1) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Section 1A(2)(b): repealed, on 7 November 2018, by section 4(2) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Section 1A(4): amended, on 7 November 2018, by section 4(3) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Section 1A(4A): inserted, on 7 November 2018, by section 4(4) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Section 1A(5)(a): amended, on 7 November 2018, by section 4(5) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Section 1A(5A): inserted, on 7 November 2018, by section 4(6) of the Education (National Education and Learning Priorities) Amendment Act 2018 (2018 No 43).

Part 1 Rights to primary and secondary education

2 Interpretation

(1)

In this Part, and Parts 2, 3, and 11, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9; and,—

(a)

in relation to a school, means the school’s board; and

(b)

in relation to a principal, means the board of the principal’s school

Chief Review Officer means the chief executive of the Education Review Office

cohort entry policy means a policy that provides for a child who proposes to enrol in a State school or State integrated school to be assigned to a group of children and for all of the children in that group to be enrolled in the school on the same date, being a date that is determined in accordance with section 5B

composite school has the same meaning as in section 145(1)

contract of enrolment, in relation to an international student, means a written contract entered into between the student (or the student’s parent if the student is under the age of 18) and the board of a State school that entitles the student to receive tuition at the school

correspondence school has the same meaning as in section 145(1)

crime involving dishonesty has the same meaning as in section 2(1) of the Crimes Act 1961

criteria for registration, in relation to a private school or proposed private school, means the criteria set out in section 35C

doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

domestic student, at any time, means a person who is then—

(a)

a New Zealand citizen; or

(b)

the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under subsection (4); or

(c)

a person of a class or description of persons required by the Minister, by notice in the Gazette, to be treated as if they are not international students

enrolment scheme means a scheme adopted (and not since abandoned) under section 11H or developed under section 11IA; and includes any amendments to the scheme that have been adopted under section 11M

government training establishment has the same meaning as it has in section 159

hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school

institution has the same meaning as it has in section 159

integration means the conditions and procedures on and by which a private school may become established as part of the State system of education. and remain part of that system, on a basis that preserves and safeguards the special character of the education that the school provides, and integrated has a corresponding meaning

intermediate school has the same meaning as in section 145(1)

international student, at any time, means a person who is not then a domestic student

lead provider means a provider of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31F as a lead provider

managers of a private school means all the people who control and manage the school, whether or not they have a proprietary interest in it

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part, and Parts 2, 3, and 11

overcrowding, in relation to a school, means the attendance at the school of more students than its site or facilities can reasonably be expected to take

parent, in relation to any person, means a person who is the person’s mother, father, or guardian

participating student means a student undertaking a secondary-tertiary programme who is enrolled in any of the following:

(a)

a secondary school:

(b)

a composite school:

(c)

a school that is registered under section 35A, other than a school registered under that section only as a primary school:

(d)

a special school that is a relevant school within the meaning of section 246

primary school has the same meaning as in section 145(1)

principal means the chief executive of a State school; and, in relation to a school, a person enrolled at the school, or the enrolment of a person at a school, means the principal of the school

provider group means a group of providers of secondary-tertiary programmes that is recognised by the Minister by notice in the Gazette under section 31B as a provider group

registered establishment has the same meaning as it has in section 159

registered school means a school that is a State school, a State integrated school, or a school registered under section 35A

review officer has the same meaning as it has in section 323

secondary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of participation in secondary education, whether or not provided by the school in which the participating student is enrolled

secondary school has the same meaning as in section 145(1)

secondary-tertiary programme has the meaning given to it in section 31A

Secretary means the chief executive of the Ministry

serious criminal activity means any offence involving fraud, violence, or harm to children, any sexual offence, or any crime involving dishonesty

special education means education or help from a special school, special class, special clinic, or special service

State integrated school means a school that—

(a)

provides education with a special character; and

(b)

has been established as a State integrated school under section 421

State school means a school that is a primary school, a composite school, a secondary school, or a special school

student, in relation to a school or institution, means a person enrolled at the school or institution

tertiary component, in relation to a secondary-tertiary programme, means the portion of the programme that consists of the participating student’s apprenticeship training (as defined in section 492), or participation in tertiary education that—

(a)

is provided by any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ii)

the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

(iii)

a government training establishment:

(iv)

an institution:

(v)

a registered establishment; and

(b)

may include work experience (other than work experience obtained by a student under section 71) as part of the programme that is approved by the provider of the secondary or tertiary component of the programme

walking distance, in relation to travel between a person’s residence and a school,—

(a)

where there is no public transport that the person can conveniently use, means the distance (measured along the most direct route by public road, public footpath, or combination of both) between the residence and the school; and

(b)

where in both directions there is public transport that the person can conveniently use, means the sum of the following distances (each measured along the most direct route by public road, public footpath, or combination of both) or, where the sum is greater in one direction than the other, the greater sum:

(i)

the distance between the residence and the place where public transport must first be taken (or, as the case may be, finally be left); and

(ii)

the distance between the school and the place where public transport must finally be left (or, as the case may be, first be taken); and

(iii)

every intermediate distance between one element of public transport and another

(2)

In this Part, and Parts 2 and 3, unless the context otherwise requires, a special school, special class, special clinic, or special service means a school, class, clinic, or service established under section 98(1) of the Education Act 1964 as a special school, special class, special clinic, or special service respectively.

(3)

[Repealed]

(4)

The Governor-General may, by Order in Council, make regulations prescribing criteria that the holder of a residence class visa granted under the Immigration Act 2009 must satisfy in order to fulfil the requirements of paragraph (b) of the definition of domestic student in subsection (1).

(5)

The explanatory note of regulations made under subsection (4) must indicate that—

(a)

they are a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

(6)

[Repealed]

Section 2(1) assisted student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) cohort entry policy: inserted, on 1 January 2020, by section 4 of the Education Amendment Act 2019 (2019 No 18).

Section 2(1) composite school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) contract of enrolment: inserted, on 30 March 2018, by section 4 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 2(1) correspondence school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) crime involving dishonesty: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) criteria for registration: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) doctor: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) domestic student: replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(1) domestic student paragraph (c): amended, on 30 August 2011, by section 4(2) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) enrolment scheme: replaced, on 19 December 1998, by section 2 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 2(1) enrolment scheme: amended, on 19 May 2017, by section 5(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 2(1) enrolment scheme: amended, on 8 July 2000, by section 26(1) of the Education Amendment Act 2000 (2000 No 21).

Section 2(1) exempt student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) foreign student: repealed, on 30 August 2011, by section 4(1) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) government training establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) hostel: inserted, on 25 October 2001, by section 3 of the Education Standards Act 2001 (2001 No 88).

Section 2(1) industry training organisation: repealed, on 1 April 2020, by section 4(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 2(1) institution: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) integration: inserted, on 19 May 2017, by section 5(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 2(1) intermediate school: inserted, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) international student: inserted, on 30 August 2011, by section 4(3) of the Education Amendment Act 2011 (2011 No 66).

Section 2(1) lead provider: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) managers of a private school: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) Minister: replaced, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 2(1) Ministry: replaced, on 1 January 1992, by section 2(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 2(1) overcrowding: inserted, on 20 June 1991, by section 6(1) of the Education Amendment Act 1991 (1991 No 43).

Section 2(1) participating student: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) partnership school contract: repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 2(1) partnership school kura hourua: repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 2(1) primary partnership school kura hourua: repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 2(1) primary school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) principal: replaced, on 13 June 2013, by section 4(2) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) provider group: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) registered establishment: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) registered school: replaced, on 13 June 2013, by section 4(3) of the Education Amendment Act 2013 (2013 No 34).

Section 2(1) registered school: amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 2(1) registered school: amended, on 19 May 2017, by section 5(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 2(1) review officer: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) secondary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) secondary school: replaced, on 1 January 1990, by section 15(1) of the Education Amendment Act 1989 (1989 No 156).

Section 2(1) secondary-tertiary programme: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) serious criminal activity: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) sponsor: repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 2(1) State integrated school: inserted, on 19 May 2017, by section 5(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 2(1) State school: amended, on 20 May 2010, by section 4(1) of the Education Amendment Act 2010 (2010 No 25).

Section 2(1) tertiary component: inserted, on 21 December 2010, by section 4 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 2(1) tertiary component: amended, on 1 April 2020, by section 4(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 2(2): replaced, on 20 May 2010, by section 4(2) of the Education Amendment Act 2010 (2010 No 25).

Section 2(3): repealed, on 30 August 2011, by section 4(4) of the Education Amendment Act 2011 (2011 No 66).

Section 2(4): inserted, on 1 January 2003, by section 4(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).

Section 2(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 2(5): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 2(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

2A Transitional, savings, and related provisions

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

Section 3: amended, on 19 May 2017, by section 6 of the Education (Update) Amendment Act 2017 (2017 No 20).

3 Right to free primary and secondary education

Except as provided in this Act, every person who is not an international student is entitled to free enrolment and free education at any State school during the period beginning on the person’s fifth birthday and ending on 1 January after the person’s 19th birthday.

Compare: 1964 No 135 ss 75(2), 85(1)

Section 3: amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 3: amended, on 19 May 2017, by section 7 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 3: amended, on 30 August 2011, by section 5 of the Education Amendment Act 2011 (2011 No 66).

3A Restriction on attendance at certain schools

[Repealed]

Section 3A: repealed, on 25 October 2001, by section 4 of the Education Standards Act 2001 (2001 No 88).

4 Enrolment of international students

(1)

Subject to section 4A(3), an international student—

(a)

shall not be enrolled at a State school without the board’s consent; and

(b)

shall not be enrolled in special education without the consent of the person or body administering the institution or service concerned.

(2)

Subject to sections 4B and 13A and to subsections (2A) to (4) of this section, once enrolled at a State school or in special education an international student has the same rights to remain enrolled, and to tuition, at the school as a domestic student.

(2A)

If an international student’s conduct is in breach of the contract of enrolment, the board of the school may take appropriate disciplinary action against the student.

(2B)

For the purposes of subsection (2A), disciplinary action, including suspension, exclusion, or the termination of the student’s enrolment, is appropriate disciplinary action if it is taken in accordance with the most recent code of practice published under section 238F and the contract of enrolment.

(3)

Except as provided in subsection (5), no international student may be enrolled at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol there and has applied for enrolment is not able to be enrolled.

(4)

Except as provided in subsection (5), no international student may be enrolled in any subject, course, or programme at a State school if the student’s enrolment has the effect that a domestic student who is entitled to enrol in the subject, course, or programme and has applied for enrolment in it is not able to be enrolled in it.

(5)

Although domestic students may not be able to be enrolled, an international student may be enrolled at a State school, or in any subject, course, or programme at a State school, if the enrolment is in a vacant place—

(a)

that the board established for international students; and

(b)

the continued availability of which is dependent on the fees payable by international students enrolled in it.

(6)

[Repealed]

(7)

As soon as is practicable after an international student is enrolled at a State school, the principal shall give the Secretary written notice of—

(a)

the student’s name, age, and nationality; and

(b)

the day on which the student began (or will begin) to receive tuition at the school.

(8)

Notwithstanding anything in this section or section 4B, with the consent of the principal, an international student may, during a period of not more than 28 consecutive days (or any longer period the Secretary approves for any particular student), receive tuition at or from a State school—

(a)

without the consent of the board; and

(b)

without paying the amount required by section 4B;—

but in that case the student shall not be counted for the purpose of calculating or ascertaining the school’s entitlement to teachers or funding.

Section 4: replaced, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4 heading: amended, on 30 August 2011, by section 6(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(1)(b): amended, on 20 May 2010, by section 5 of the Education Amendment Act 2010 (2010 No 25).

Section 4(2): amended, on 30 March 2018, by section 5(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(2): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(2A): inserted, on 30 March 2018, by section 5(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(2B): inserted, on 30 March 2018, by section 5(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

Section 4(3): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(4): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(5): replaced, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(6): repealed, on 30 August 2011, by section 6(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4(7): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4(8): amended, on 30 August 2011, by section 6(2) of the Education Amendment Act 2011 (2011 No 66).

4A Certain international students may enrol at State schools as of right

(1)

The Minister may from time to time, by notice in the Gazette, declare international students of a specified kind or description to be entitled to enrol at State schools.

(2)

A notice may be unconditional, or subject to conditions specified in it.

(3)

Subject to—

(a)

the conditions (if any) specified in the notice; and

(b)

section 4B,—

an international student of a kind or description for the time being specified in a notice under subsection (1) has the same rights to enrolment and tuition at State schools as a domestic student.

Section 4A: replaced, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4A heading: amended, on 30 August 2011, by section 7(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4A(1): amended, on 30 August 2011, by section 7(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4A(3): amended, on 30 August 2011, by section 7(3) of the Education Amendment Act 2011 (2011 No 66).

4B Fees for international students

(1)

Subject to section 4(8), no international student shall receive tuition in any subject, course, or programme at a State school unless there has been paid to the board an amount fixed by the board that is not less than the sum of the following amounts:

(a)

the board’s best estimate of the cost to the board (including the appropriate proportion of the board’s administrative and other general costs) of providing tuition in the subject, course, or programme for 1 student:

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

(2)

Nothing in subsection (1) prevents a board’s accepting by instalments any amount required by that subsection to be paid; but subject to section 4(8), no international student shall at any time continue to receive tuition in any subject, course, or programme at a State school unless the sum of the following amounts is less than the sum of the instalments paid up to that time:

(a)

the board’s best estimate of the cost to the board (including the appropriate proportion of the board’s administrative and other general costs and the appropriate proportion of any initial or start-up costs of the subject, course, or programme) of providing tuition in the subject, course, or programme for 1 student up to that time:

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

(3)

Where an international student has after 31 December 1989 received tuition in a subject, course, or programme at a State school without paying the full amount required by subsection (1) in respect of the subject, course, or programme, the board may, in any court of competent jurisdiction, recover the underpayment from the student (or, as the case requires, a parent of the student), as a debt due to the board.

(4)

In any year, the amount of any grant for a board in respect of a school it administers may be reduced from what it would otherwise have been by any amount by which (in the Secretary’s opinion), by virtue of the fact that the full amount required by subsection (1) in respect of a subject, course, or programme at the school in which an international student was enrolled has not been paid to the board, the student’s education has been subsidised by money appropriated by Parliament.

(5)

No grant shall be reduced under subsection (4) unless the Secretary has given the board concerned written notice of the circumstances taken into account when the proposed reduction was decided on.

(6)

Where a board disputes that a grant should be reduced under subsection (4), or disputes the amount by which it should so be reduced, the following provisions shall apply:

(a)

the board may, within 28 days of getting notice from the Secretary under subsection (5), by written notice to the Secretary giving the name and address of a proposed arbitrator, require the dispute to be settled by arbitration:

(b)

if, within 14 days of getting the board’s notice, the Secretary has agreed an arbitrator with the board, the agreed arbitrator shall settle the dispute:

(c)

if, within 14 days of getting the board’s notice, the Secretary has not agreed an arbitrator with the board, an arbitrator appointed jointly by the Secretary and the arbitrator originally proposed by the board shall settle the dispute:

(d)

the arbitrator’s decision is final.

(7)

Where at any time an international student withdraws from a subject, course, or programme at a State school, the board may refund to the person who paid (in respect of the student’s enrolment in the subject, course, or programme) the amount of the fees referred to in subsection (1) (or the sum of any instalments paid in respect of those fees) any amount it thinks appropriate not exceeding the extent (if any) by which the amount paid exceeds the sum of the following amounts:

(a)

(b)

an amount that is in the board’s opinion an appropriate reflection of the use made by 1 student receiving tuition in the subject, course, or programme of the board’s capital facilities:

(c)

the appropriate proportion of the amount (if any) prescribed under section 4D for a student receiving tuition at a State school in the subject, course, or programme:

(d)

all other fees (if any) prescribed by the board.

Section 4B: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4B heading: amended, on 30 August 2011, by section 8(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(1): amended, on 30 August 2011, by section 8(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(2): amended, on 30 August 2011, by section 8(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(3): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(4): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4B(7): amended, on 30 August 2011, by section 8(3) of the Education Amendment Act 2011 (2011 No 66).

4C Minister may exempt certain international students from payment of fees

The Minister may, by notice in the Gazette, exempt international students of a particular kind or description from the payment of all or a specified proportion or amount of the amount required by section 4B to be paid; and that section shall have effect accordingly.

Section 4C: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4C heading: amended, on 30 August 2011, by section 9(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4C: amended, on 30 August 2011, by section 9(2) of the Education Amendment Act 2011 (2011 No 66).

4D Boards to reimburse the Crown for expenditure in respect of international students

(1)

Before 1 July in every year, the Minister shall, by notice in the Gazette, set fees to be paid by boards in respect of international students enrolled at State schools in the following year.

(2)

Fees may be set in respect of all or any of the following:

(a)

all State schools, State schools of a specified kind or description, or specified State schools:

(b)

all international students, or international students of a specified kind or description:

(c)

all subjects, courses, and programmes; subjects, courses, and programmes of a specified kind or description; or specified subjects, courses, or programmes.

(3)

Within 28 days of the first day in any year on which an international student enrolled at a State school attends the school, the board shall pay to the Secretary the appropriate fee (if any) prescribed under subsection (1).

(3A)

The Minister may pay to the proprietors of a State integrated school whose board has paid a fee under this section a portion of that fee, as determined in accordance with a formula prescribed under subsection (3B), for the purpose of reimbursing the proprietors for that part of the levy associated with the use of capital assets owned by the proprietors.

(3B)

The Minister must, by notice in the Gazette, prescribe a formula for the payment of money under subsection (3A), and may prescribe different formulae to apply to different schools or classes of school.

(4)

If before 1 July in any year the Minister has not set under subsection (1) fees to be paid by boards in respect of international students enrolled at State schools in the following year, there shall be deemed to have been set under that subsection the fees set (or deemed to have been set) in the year before.

Section 4D: inserted, on 1 January 1992, by section 3(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 4D heading: amended, on 30 August 2011, by section 10(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(1): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(2)(b): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(3): amended, on 30 August 2011, by section 10(3) of the Education Amendment Act 2011 (2011 No 66).

Section 4D(3A): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

Section 4D(3A): amended, on 19 May 2017, by section 8 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 4D(3B): inserted, on 17 May 2006, by section 4 of the Education Amendment Act 2006 (2006 No 19).

Section 4D(4): amended, on 30 August 2011, by section 10(2) of the Education Amendment Act 2011 (2011 No 66).

4E Courses for international students

(1)

The board of a State school or the managers of a school registered under section 35A must not establish, or permit any student to enrol or continue to be enrolled in, any class, course, or programme, intended exclusively or mainly for international students, unless the class, course, or programme is for the time being approved by the New Zealand Qualifications Authority.

(2)

The New Zealand Qualifications Authority must not approve a class, course, or programme under subsection (1) unless satisfied on reasonable grounds that—

(a)

the school has or will have adequate staff, equipment, and premises to provide it; and

(b)

the standard of instruction provided in it will be no lower than the standard that would be expected in any similar class, course, or programme for domestic students.

Section 4E: inserted, on 21 December 2010, by section 5 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 4E heading: amended, on 30 August 2011, by section 11(1) of the Education Amendment Act 2011 (2011 No 66).

Section 4E(1): amended, on 30 August 2011, by section 11(2) of the Education Amendment Act 2011 (2011 No 66).

5 Restrictions on primary school enrolment

The following persons may not be enrolled in or continue to be enrolled in a primary school or a class below form 3 at a composite school:

(a)

a child under the age of 5 years:

(b)

a child who turned 14 years of age in a previous year:

(c)

a child who, in the opinion of the Secretary,—

(i)

has completed the work of form 2; or

(ii)

has completed the work equivalent to form 2.

Section 5: replaced, on 1 January 2020, by section 5 of the Education Amendment Act 2019 (2019 No 18).

5A Cohort entry policy

(1)

A State school or State integrated school may adopt or revoke a cohort entry policy after complying with the requirements in section 5C.

(2)

A cohort entry policy must—

(a)

apply to all children aged 5 who have not previously enrolled in a registered school; and

(b)

provide that all such children may be enrolled only on a date determined in accordance with section 5B.

Section 5A: replaced, on 1 January 2020, by section 5 of the Education Amendment Act 2019 (2019 No 18).

5B Dates for starting school under cohort entry policy

(1)

This section applies to a school that has a cohort entry policy.

(2)

A child may be enrolled not earlier than the child’s fifth birthday on a date that is—

(a)

a term start date:

(b)

a mid-term start date.

(3)

In this section,—

mid-term date means a date that is published as a mid-term date under section 5D

term start date, in relation to a school, means a date that is the first day of a term that the school is open for instruction.

Section 5B: replaced, on 1 January 2020, by section 5 of the Education Amendment Act 2019 (2019 No 18).

5C Adoption or revocation of cohort entry policy

(1)

When developing a proposed cohort entry policy for a school, a board must take all reasonable steps to discover and consider the views of the following persons about the policy and whether it is generally acceptable:

(a)

parents of students at the school:

(b)

employees of the board at the school:

(c)

early childhood services in the local community:

(d)

parents of prospective students of the school.

(2)

When considering whether to revoke a cohort entry policy, a board must take all reasonable steps to discover and consider the views of the persons described in subsection (1) as to whether the policy should be revoked.

(3)

A board must take all reasonable steps to give notice of at least 1 term to the Secretary and the persons described in subsection (1) before a cohort entry policy takes effect or ceases to have effect.

Section 5C: inserted, on 3 July 2017, by section 10 of the Education (Update) Amendment Act 2017 (2017 No 20).

5D Publication of mid-term dates

(1)

The Minister must, before 1 July in any year, publish in the Gazette (by reference to specific dates) the mid-term start dates for the following year.

(2)

A mid-term start date must be the Monday that is closest to the date that is halfway between the first and last dates of a term.

Section 5D: inserted, on 14 May 2019, by section 6 of the Education Amendment Act 2019 (2019 No 18).

6 Restrictions on enrolment at secondary school

No person who, in the opinion of the Secretary,—

(a)

has not completed the work of form 2; and

(b)

has not completed work equivalent to the work of form 2,—

shall in any year be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, unless the person turned 13 before 1 April in the previous year.

Compare: 1964 No 135 s 85(1)

7 Additional restrictions on enrolment at correspondence school

(1)

The Minister may from time to time, by notice in the Gazette, fix criteria for enrolment in early childhood, primary, and secondary classes at correspondence school; and different criteria may be fixed for all or any of the following:

(a)

different correspondence schools:

(b)

correspondence schools of different classes or descriptions:

(c)

early childhood, primary, and secondary classes at correspondence school.

(2)

No person shall be enrolled at a correspondence school unless—

(a)

the board is satisfied that the person’s enrolment meets criteria then fixed under subsection (1); or

(b)

the person is entitled under section 3 to free education at a State school, and the Secretary has directed the board to enrol the person.

(3)

The Secretary shall not direct the board of a correspondence school to enrol a person unless satisfied that the person cannot conveniently attend any State school (being a school offering education at the level, and in the subjects, required by the person’s parents or, as the case requires, the person) that is not a correspondence school.

(4)

If satisfied that a person who is enrolled at a correspondence school pursuant to a direction under subsection (2)(b) can conveniently attend a State school (being a school offering education at the level, and in the subjects, required by the person’s parents or, as the case requires, the person) that is not a correspondence school, the Secretary may notify the board of the fact; and in that case the board shall cancel the person’s enrolment unless the board is satisfied that the person’s enrolment meets criteria then fixed under subsection (1).

(5)

If satisfied that—

(a)

a person’s enrolment at a correspondence school does not meet criteria then fixed under subsection (1); and

(b)

there is not in force in respect of the person a direction under subsection (2)(b) relating to the school,—

the board shall cancel the enrolment.

(6)

The board of a correspondence school may delegate to the principal the task of being satisfied that enrolments meet or do not meet criteria specified under subsection (1).

(7)

Every person lawfully enrolled at a correspondence school immediately before the commencement of this Act who is entitled under section 3 to free education at a State school shall be deemed to have been so enrolled pursuant to a direction given under subsection (2)(b) on that commencement.

Compare: 1964 No 135 s 110

7A Certain domestic students may be required to pay fees for tuition from correspondence schools

(1)

No—

(a)

domestic student who has turned 16 and is not enrolled full-time at a registered school; or

(ab)

domestic student enrolled at a school registered under section 35A; or

(b)

domestic student for whom a current certificate under section 21(1) is held,—

shall be or continue to be enrolled in a course, class, or programme at a correspondence school unless there has been paid to the board the appropriate fee (if any) for the time being prescribed by the board with the Minister’s consent.

(2)

Nothing in subsection (1) gives any person a right to enrol at or receive tuition from a correspondence school.

Section 7A: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

Section 7A heading: amended, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

Section 7A(1)(a): replaced, on 23 July 1990, by section 4 of the Education Amendment Act 1990 (1990 No 60).

Section 7A(1)(a): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 7A(1)(ab): replaced, on 13 June 2013, by section 6 of the Education Amendment Act 2013 (2013 No 34).

7B Fees for evening classes, etc

The board of a State school may refuse to allow any person to attend classes at the school—

(a)

usually held outside normal school hours; and

(b)

open to people not enrolled full-time at the school,—

unless there have been paid to the board the fees (if any) prescribed by the board for attendance at those classes.

Section 7B: inserted, on 1 January 1990, by section 6 of the Education Amendment Act 1989 (1989 No 156).

8 Equal rights to primary and secondary education

(1)

Except as provided in this Part, people who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at State schools as people who do not.

(2)

Nothing in subsection (1) affects or limits the effect of Part 2 (which relates to enrolment schemes and the suspension, expulsion, and exclusion of students).

(3)

Subsections (1) and (2) come into force on 1 January 1990.

Compare: 1964 No 135 s 112A

9 Special education

(1)

If satisfied that a person under 21 should have special education, the Secretary shall—

(a)

agree with the person’s parents that the person should be enrolled, or direct them to enrol the person, at a particular State school, special school, special class, or special clinic; or

(b)

agree with the person’s parents that the person should have, or direct them to ensure that the person has, education or help from a special service.

(2)

Notwithstanding anything in this Act that relates to enrolment schemes, or in the enrolment scheme of any school, but subject to the rest of Part 2 (which relates to the suspension, expulsion, and exclusion of students), where there has been an agreement or direction under subsection (1), the person concerned shall be allowed to enrol at the State school, special school, special class, or special clinic, concerned or (as the case requires) to have education or help from the special service concerned.

(3)

Subject to section 10(4), where a direction has been given under subsection (1) in respect of a person, a parent who, more than 1 month after it was given, fails or refuses to comply with it commits an offence, and is liable on conviction to the penalty prescribed for failing to comply with section 20(1) (which relates to enrolling children at school).

(4)

No person shall be or continue to be enrolled at a special school, special class, or special clinic, or have or continue to have education or help from a special service, except pursuant to an agreement or direction under subsection (1).

(5)

Notwithstanding anything in section 5 or section 6,—

(a)

a child under 5 may be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(b)

a person under 21 who turned 14 in any year may in any later year be or continue to be enrolled at a primary school, or in a class below form 3 at a composite school; and

(c)

a person under 21 who, in the opinion of the Secretary,—

(i)

has not completed the work of form 2; and

(ii)

has not completed work equivalent to the work of form 2,—

may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school; and

(d)

a person under 21 may be or continue to be enrolled at a secondary school, or in a class above form 2 at a composite school, on or after 1 January after the person’s 19th birthday,—

pursuant to an agreement or direction under subsection (1).

(6)

Subsections (1) to (5) come into force on 1 January 1990.

(7)

The provisions set out in Schedule 1 shall have effect during the period commencing on the commencement of this Act and ending with 31 December 1989.

(8)

Schedule 1 shall expire and be deemed to have been repealed with the close of 31 December 1989.

Section 9(2): amended, on 8 July 2000, by section 26(2) of the Education Amendment Act 2000 (2000 No 21).

Section 9(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9 compare note: repealed, on 20 May 2010, by section 6 of the Education Amendment Act 2010 (2010 No 25).

10 Right of reconsideration

(1)

Subject to paragraphs (p) and (q) of subsection (6), any person’s parent may, in accordance with this section, require the reconsideration of—

(a)

any direction under subsection (1) of section 9 relating to the person; or

(b)

if the person is not an international student, the Secretary’s refusal to come to an agreement under that subsection relating to the person.

(2)

A requirement under subsection (1) shall be made to the Secretary in writing within 1 month of the direction or refusal concerned.

(3)

Subject to subsection (5), where a requirement under subsection (1) is made in respect of a direction given by the Secretary,—

(a)

the direction shall not take effect—

(i)

until the Secretary has reconsidered and confirmed it; or

(ii)

where a requirement is made under subsection (4)(c), until that requirement has been considered by an arbitrator and the parent concerned has been told of the arbitrator’s decision; and

(b)

no offence is committed under section 9(3) for so long as the direction has not taken effect.

(4)

Where a requirement is made under subsection (1), the following provisions apply:

(a)

if the requirement relates to a direction, the Secretary shall reconsider it and then—

(i)

confirm it, or cancel it and issue another, or cancel it and refuse to issue another, as seems appropriate; and

(ii)

notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

(b)

if the requirement relates to a refusal, the Secretary shall reconsider whether or not the matter concerned should be agreed, and then—

(i)

agree or refuse to agree to the matter with the parent concerned, as seems appropriate; and

(ii)

notify the parent concerned in writing of the result of the reconsideration and the reasons for it:

(c)

a parent who is dissatisfied with the result of the reconsideration may, by notice in writing to the Secretary, require the result to be sent to an arbitrator.

(5)

Where—

(a)

a requirement has been made under subsection (4)(c) in respect of the result of the reconsideration by the Secretary of a direction under section 9(1); and

(b)

1 month after the Secretary notified the parent concerned of the name of a person to represent the Secretary in the appointment of an arbitrator, the Secretary’s representative and a nominee of the parent have not appointed an arbitrator,—

the direction shall forthwith take effect, and section 9(2) shall have effect accordingly.

(6)

Where a parent makes a requirement under subsection (4)(c), the following provisions apply:

(a)

the Secretary shall forthwith give the parent the names of 3 people:

(b)

each person shall, in the opinion of the Secretary, have experience in or expert knowledge of special education, but shall not be an employee of the Ministry, or an employee or trustee of a board:

(c)

within 14 days of being given the names, the parent shall tell the Secretary—

(i)

which one of the people is acceptable; or

(ii)

that none of them is acceptable, and the name of some other person who is:

(d)

if within 14 days of being given the names the parent tells the Secretary that one of the people is acceptable, the person concerned shall be the arbitrator:

(e)

if within 14 days of being given the names the parent does not comply with paragraph (c), the Secretary shall choose one of the 3 people to be the arbitrator:

(f)

if within 14 days of being given the names the parent tells the Secretary that none of the people is acceptable, and the name of some other person who is, the Secretary shall forthwith accept or reject the other person:

(g)

if the Secretary accepts the other person, the other person shall be the arbitrator:

(h)

if the Secretary rejects the other person, the Secretary shall forthwith tell the other person the name of a person to act as the Secretary’s agent in choosing an arbitrator; and the other person and the Secretary’s agent shall, as soon as is possible, choose the arbitrator:

(i)

once it is known who the arbitrator is, the Secretary shall give the arbitrator a copy of all the relevant documents:

(j)

the arbitrator shall give the parent notice in writing that—

(i)

the arbitrator has been appointed; and

(ii)

the parent may make written submissions:

(k)

on getting written submissions from the parent or 21 days after notifying the parent (whichever comes first), the arbitrator shall tell the parent and the Secretary when and where the arbitrator will hear the matter:

(l)

the parent (or a nominee), a representative of the parent, the Secretary (or a nominee), and a representative of the Secretary may take part in the hearing, and may require the child or other person concerned to be produced:

(m)

except as provided in this subsection, the arbitrator shall decide how the hearing proceeds:

(ma)

if, at the hearing, the parent of the person concerned produces evidence about the person that was not available to the Secretary when the Secretary reconsidered the relevant direction or refusal to come to an agreement under section 9(1),—

(i)

the arbitrator may not consider that evidence and must refer the case back to the Secretary:

(ii)

the Secretary must reconsider the decision that was the subject of the arbitration, and subsection (4) applies to the Secretary’s decision under this subparagraph with any necessary modifications:

(n)

subject to paragraph (ma), after the hearing the arbitrator shall either confirm the Secretary’s decision or direct the Secretary to make some decision that the Secretary could have made but did not:

(o)

the Secretary shall comply with any order made:

(p)

a parent has no right to require the reconsideration or reference to an arbitrator of a decision the Secretary has made pursuant to an arbitrator’s direction:

(q)

if the arbitrator confirms a decision of the Secretary to refuse to come to an agreement under section 9(1), no parent has a right to require the reconsideration or reference to an arbitrator of a further refusal made in respect of the same child or person within 12 months of the confirmation of the decision.

(7)

Subsections (1) to (6) come into force on 1 January 1990.

Section 10(1)(b): amended, on 30 August 2011, by section 12 of the Education Amendment Act 2011 (2011 No 66).

Section 10(3)(b): amended, on 23 July 1990, by section 5 of the Education Amendment Act 1990 (1990 No 60).

Section 10(6)(b): amended, on 28 February 2002, pursuant to section 95(1) of the Education Standards Act 2001 (2001 No 88).

Section 10(6)(ma): inserted, on 19 December 1998, by section 4(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 10(6)(n): amended, on 19 December 1998, by section 4(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 10 compare note: repealed, on 20 May 2010, by section 7 of the Education Amendment Act 2010 (2010 No 25).

Part 2 Enrolment schemes, and suspension, expulsion, and exclusion of students

11 Limitations on enrolment at certain primary schools

[Repealed]

Section 11: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

Enrolment schemes

Heading: inserted, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

11A Purpose and principles

(1)

The purpose of the enrolment scheme of a State school is—

(a)

to avoid overcrowding, or the likelihood of overcrowding, at the school; and

(b)

to ensure that the selection of applicants for enrolment at the school is carried out in a fair and transparent manner; and

(c)

to enable the Secretary to make the best use of existing networks of State schools.

(2)

In achieving its purpose, the enrolment scheme of every State school must, as far as possible, ensure that—

(a)

the scheme does not exclude local students; and

(b)

no more students are excluded from the school than is necessary to avoid overcrowding at the school.

Section 11A: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11B Interpretation

In sections 11C to 11PB, unless the context otherwise requires,—

give notice means to publish a notice in a daily or community newspaper circulating in the area served by the school

reasonably convenient school means a State school that a reasonable person living in the area in which the school is situated would judge to be reasonably convenient for a particular student, taking into account such factors as the age of the student, the distance to be travelled, the time likely to be spent in travel, the reasonably available modes of travel, common public transport routes, and relevant traffic hazards. The meaning may vary as between different schools depending on such matters as—

(a)

whether the school is a single sex or co-educational school:

(b)

whether the school is an ordinary State school, a Kura Kaupapa Maori, a designated character school, a State integrated school, or a special school:

(c)

whether the school is a primary, intermediate, secondary, composite, or area school

special programme means a programme, or a programme of a type, that the Secretary has, by notice in the Gazette, approved as a special programme, and—

(a)

that provides—

(i)

special education; or

(ii)

Maori language immersion classes; or

(iii)

any other type of specialised education to overcome educational disadvantage; or

(b)

that is a programme—

(i)

that takes a significantly different approach in order to address particular student needs; and

(ii)

that would not be viable unless it could draw from a catchment area beyond the school’s home zone; and

(iii)

to which entry is determined by an organisation or process that is independent of the school.

Section 11B: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11B reasonably convenient school paragraph (b): amended, on 19 May 2017, by section 12 of the Education (Update) Amendment Act 2017 (2017 No 20).

11C Content of enrolment scheme

(1)

A school’s enrolment scheme must—

(a)

define a home zone for the school; and

(b)

set out the pre-enrolment procedures for selecting applicants who live outside the home zone; and

(c)

identify any special programmes offered by the school and the criteria on which students will be accepted onto any special programme.

(2)

The procedures described in subsection (1)(b) must be consistent with section 11F and any relevant instructions issued by the Secretary under section 11G.

Section 11C: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11D Effect of home zone

(1)

Subject to the provisions of this Act, a person who lives in the home zone of a school that has an enrolment scheme is entitled at any time to enrol at that school.

(2)

An applicant for enrolment at a school with an enrolment scheme who lives outside the school’s home zone is entitled to enrol at the school only—

(a)

if he or she is offered a place at the school in accordance with the procedure set out in the enrolment scheme; or

(b)

if the Secretary has agreed or directed under section 9, or directed under section 11P, section 16, section 17D, or section 18A, that the student be enrolled at the school; or

(c)

if—

(i)

the student has been excluded or expelled from another school (school A); and

(ii)

the principal of the school at which the student wishes to enrol agrees, by arrangement with the principal of school A, to enrol the student; and

(iii)

the Secretary endorses the proposal.

Section 11D: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11D(2)(b): amended, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

Section 11D(2)(c): inserted, on 25 October 2001, by section 5 of the Education Standards Act 2001 (2001 No 88).

11E How a school defines its home zone

(1)

A State school’s home zone must be defined by geographic boundaries, and must be described in such a way that any given address is either within or outside the home zone.

(2)

A school’s home zone—

(a)

must be an area for which the school is a reasonably convenient school for a student living in that area to attend; and

(b)

may exclude any area for which another school is also a reasonably convenient school for a student living in that area to attend; and

(c)

may exclude any area that it is desirable to exclude for the purpose of allowing the Secretary to make best use of the existing network of State schools in the area.

Section 11E: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11E(2)(c): amended, on 20 May 2010, by section 8 of the Education Amendment Act 2010 (2010 No 25).

11F How to select applicants who live outside home zone

(1)

The order of priority in which applicants who live outside a school’s home zone are to be offered places at the school is as follows:

(a)

first priority must be given to any applicant who is accepted for enrolment in a special programme run by the school:

(b)

second priority must be given to any applicant who is the sibling of a current student of the school:

(c)

third priority must be given to any student who is the sibling of a former student of the school:

(d)

fourth priority must be given to any applicant who is a child of a former student of the school:

(e)

fifth priority must be given to any applicant who is either a child of an employee of the board of the school or a child of a member of the board of the school:

(f)

sixth priority must be given to all other applicants.

(2)

If there are more applicants in the second, third, fourth, fifth, or sixth priority groups than there are places available, selection within the priority group must be by ballot conducted in accordance with instructions issued by the Secretary under section 11G.

(3)

For the purposes of this section, child A is the sibling of child B if—

(a)

both children share a common parent; or

(b)

a parent of child A is married to, or in a civil union with, a parent of child B; or

(c)

a parent of child A was married to, or in a civil union with, a parent of child B at the time when child B’s parent died; or

(d)

a parent of child A is the de facto partner of a parent of child B; or

(e)

both children live in the same household and, in recognition of family obligations, are treated by the adults of that household as if they were siblings; or

(f)

the Secretary, by written notice to the school, advises that child A is to be treated as the sibling of child B.

(4)

If 2 or more siblings apply for places at a school at the same level, the applications of those siblings must be dealt with as a single application for the purpose of the ballot.

(5)

Every application for enrolment at a school with an enrolment scheme must be processed by the school in accordance with the enrolment scheme, and may not be declined on technical grounds or on any other ground that would be inconsistent with the purpose and principles set out in section 11A.

Section 11F: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11F(1)(d): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(e): replaced, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(1)(f): inserted, on 21 December 2010, by section 6(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(2): amended, on 21 December 2010, by section 6(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 11F(3)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 11F(3)(d): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

11G Instructions and guidelines on operation of enrolment schemes

(1)

The Secretary may issue instructions to State schools that have enrolment schemes about the following matters:

(a)

the procedures for holding ballots:

(b)

the dates on which ballots are to be held:

(c)

the establishment and maintenance of waiting lists:

(d)

the information to be given to applicants who live outside the school’s home zone:

(e)

any other matter that the Secretary considers necessary for ensuring the fair, transparent, and efficient operation of enrolment schemes.

(2)

Instructions issued under subsection (1)—

(a)

must be complied with by schools; and

(b)

may apply to all or specified schools or classes of school; and

(c)

must be notified in the Gazette, either in full, or by a notice outlining the content of the instructions and saying where a copy can be obtained, and the date on which the instructions take effect; and

(d)

may be amended or revoked, in which case notice of the amendment or revocation must be given in the Gazette, as described in paragraph (c).

(3)

The Secretary may issue guidelines to State schools about any or all of the following matters:

(a)

the basis on which the Secretary’s powers in relation to enrolment schemes may be exercised (including, in particular, the power in section 11P(2)(a) relating to the determination of whether an applicant lives within a home zone or outside it):

(b)

the kinds of amendments to enrolment schemes that are minor amendments for the purpose of section 11MA, or the criteria for deciding what is a minor amendment, or both:

(c)

the manner in which schools must conduct reviews under section 11OA (which relates to the review of a student’s enrolment).

Section 11G: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11G(3): replaced, on 25 October 2001, by section 6 of the Education Standards Act 2001 (2001 No 88).

11H Process for developing and adopting enrolment scheme

(1)

If the Secretary gives a written notice to a State school that there is, or is likely to be, overcrowding at the school, the board of the school must develop an enrolment scheme for the school.

(2)

A board may not begin developing an enrolment scheme unless it has received a written notice of the type referred to in subsection (1).

(3)

When developing a proposed enrolment scheme, a board must consult with whatever persons and organisations it considers appropriate and, in particular, must take all reasonable steps to discover and consider the views of—

(a)

the parents of students at the school; and

(b)

the people living in the area for which the school is a reasonably convenient school; and

(c)

the students and prospective students of the school (depending on their age and maturity); and

(d)

the boards of other schools that could be affected by the proposed enrolment scheme.

(4)

In addition to the consultation required by subsection (3),—

(a)

the board of a Kura Kaupapa Maori must consult with the persons and organisations that the board believes have an interest in fostering the school’s adherence to Te Aho Matua and any special characteristics set out in the school’s charter:

(b)

the board of a designated character school must consult with those persons and organisations that the board believes have an interest in fostering the aims, purposes, and objectives that constitute the school’s different character:

(c)

the board of a State integrated school must consult with the school’s proprietors.

(5)

If the Secretary approves a proposed enrolment scheme for a State school, the school’s board must pass a resolution adopting the scheme as soon as practicable.

Section 11H: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11H(4)(c): amended, on 19 May 2017, by section 13 of the Education (Update) Amendment Act 2017 (2017 No 20).

11I Proposed enrolment schemes to be approved by Secretary

(1)

The Secretary may approve the proposed enrolment scheme of a State school only if he or she is satisfied that—

(a)

the scheme complies, as far as possible, with the purpose and principles of enrolment schemes as set out in section 11A; and

(b)

the definition of the school’s home zone in the enrolment scheme ensures that students can attend a reasonably convenient school; and

(c)

the boundaries of the school’s home zone overlap or are contiguous with the boundaries of the home zone of any adjacent State school that has an enrolment scheme; and

(d)

the scheme promotes the best use of the network of State schools in the area; and

(e)

the procedures for determining which applicants who live outside the home zone will be offered places at the school comply with section 11F and any instructions issued under section 11G; and

(f)

the board has carried out adequate consultation under section 11H.

(2)

If a board and the Secretary are unable to reach agreement about the content of the school’s enrolment scheme or proposed enrolment scheme, the Secretary may require the board to amend the scheme or proposed scheme in the manner required by the Secretary.

(3)

A board that receives a requirement under subsection (2) must, as soon as practicable, change its enrolment scheme or proposed enrolment scheme to give effect to the Secretary’s requirement, and the board need not obtain separate approval from the Secretary for the change.

Section 11I: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11IA Development of enrolment scheme by Secretary

(1)

If a board receives a notice under section 11H(1) and if an enrolment scheme is not developed by it within a reasonable period, the Secretary may develop an enrolment scheme for the school.

(2)

In developing an enrolment scheme, the Secretary must—

(a)

follow the process set out in section 11H(3) and (4) as if he or she was the board; and

(b)

be satisfied of the matters listed in section 11I(1).

(3)

A board must implement an enrolment scheme developed under this section.

(4)

The Secretary must specify, in the enrolment scheme, the date on which the scheme commences.

(5)

Section 11K(1) and (2) does not apply to an enrolment scheme made under this section.

Section 11IA: inserted, on 19 May 2017, by section 14 of the Education (Update) Amendment Act 2017 (2017 No 20).

11J Information about school’s enrolment scheme

(1)

When the board of a State school adopts an enrolment scheme or implements an enrolment scheme developed under section 11IA, it must give notice of the fact that it has adopted an enrolment scheme, and the notice must include—

(a)

a general description of the school’s home zone; and

(b)

information about where copies of the enrolment scheme may be viewed and obtained.

(2)

Each year, the board of a school that has an enrolment scheme must give notice of—

(a)

the likely number of out-of-zone places; and

(b)

the significant pre-enrolment dates and procedures; and

(c)

the date or dates on which any ballot will be held.

(3)

The following must be available for inspection at the school at all reasonable times:

(a)

a copy of the school’s current enrolment scheme:

(b)

a copy of the results of the most recent ballot for places at the school:

(c)

a copy of the waiting list for places at the school:

(d)

if it is available, information about the matters listed in subsection (2).

Section 11J: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11J(1): amended, on 19 May 2017, by section 15 of the Education (Update) Amendment Act 2017 (2017 No 20).

11K Commencement of enrolment scheme

(1)

An enrolment scheme for a primary school commences on the date 3 months after the day of its adoption, or on a later date specified in the scheme.

(2)

An enrolment scheme for a secondary or composite school commences on 1 January in the year following the year in which it was adopted, or on a later date specified in the scheme and agreed to by the Secretary.

(2A)

An enrolment scheme developed under section 11IA commences on the date specified in the scheme.

(3)

Despite subsections (1) and (2), the Secretary may, on application by a board, authorise the early commencement of an enrolment scheme if he or she considers that early commencement is appropriate.

(4)

If the Secretary gives authorisation for early commencement after the board has given notice of the enrolment scheme, the board must give notice showing the revised date on which the scheme will commence.

Section 11K: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11K(2A): inserted, on 19 May 2017, by section 16 of the Education (Update) Amendment Act 2017 (2017 No 20).

11L End of enrolment scheme

(1)

The board of a school may by resolution, in accordance with this section, abandon an enrolment scheme, in which case the scheme ends on the date specified in the resolution.

(2)

A board may not resolve to abandon an enrolment scheme unless it has received written notice from the Secretary authorising it to do so.

(3)

The Secretary may at any time, by notice in writing, require the board of a State school to abandon its enrolment scheme on the grounds that the Secretary is satisfied that there is not, or is not likely to be, overcrowding at the school if the enrolment scheme is abandoned; and the board must resolve at its next meeting to abandon the scheme.

(4)

When a board abandons an enrolment scheme, it must—

(a)

notify the Secretary of the date on which the enrolment scheme ended or will end; and

(b)

give notice of the date on which the scheme ended or will end.

Section 11L: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11M Amendment of enrolment scheme

(1)

The board of a State school that has adopted an enrolment scheme or implemented an enrolment scheme under section 11IA may amend it.

(2)

A board must not amend a scheme unless it is satisfied that an enrolment scheme is still necessary in order to avoid overcrowding, or the likelihood of overcrowding, at the school.

(3)

If the board of a State school (school A) adopts or amends an enrolment scheme, the Secretary may require the board of any nearby State school that also has an enrolment scheme to develop a proposed amendment to its enrolment scheme in order to take into account the effect of school A’s scheme.

(4)

Sections 11A to 11L apply to an amendment and a proposed amendment to an enrolment scheme as if it were an enrolment scheme or a proposed enrolment scheme (as the case may be).

Section 11M: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11M(1): amended, on 19 May 2017, by section 17 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11M(3): amended, on 20 May 2010, by section 9 of the Education Amendment Act 2010 (2010 No 25).

11MA Making minor amendments to enrolment schemes

(1)

A State school that wishes to make a minor amendment to its enrolment scheme may make it using the procedure set out in subsection (2) instead of going through the process set out in sections 11H to 11J.

(2)

In order to make a minor amendment to its enrolment scheme under this section, a school must—

(a)

apply to the Secretary for confirmation that the proposed amendment is minor; and

(b)

on receiving confirmation from the Secretary, give notice of the proposed amendment; and

(c)

forward to the Secretary any written comments or queries received by the school regarding the proposed amendment; and

(d)

adopt the amendment by resolution of the school’s board.

(3)

A school may not adopt an amendment under subsection (2)(d) unless—

(a)

at least 1 month has passed since notice of the proposal was given; and

(b)

the Secretary has, after that time, given approval for the amendment to be incorporated.

(4)

At any time before the amendment is incorporated into the enrolment scheme, the Secretary may advise the school that the proposed amendment is not minor, in which case the school may not adopt the amendment without going through the process set out in sections 11H to 11J.

Section 11MA: inserted, on 25 October 2001, by section 7 of the Education Standards Act 2001 (2001 No 88).

11N Pre-enrolment in schools with enrolment schemes

(1)

The board of a State school may apply the pre-enrolment procedures of an enrolment scheme at any time after notice has been given of the scheme under section 11J(1), even if the scheme has not yet commenced.

(2)

In the case of applications by applicants who will be subject to a ballot, the board must notify each applicant, in writing, of—

(a)

when and how the ballot will be held; and

(b)

when and how applicants will be advised of the results of the ballot; and

(c)

the rights and responsibilities of applicants after the ballot.

(3)

The board must give written notice to every applicant whose application is declined of—

(a)

the reason why the application has been declined; and

(b)

the Secretary’s powers under section 11P(2).

(4)

The board must give written notice to every applicant whose name was included in a ballot of the outcome of the ballot as it relates to the applicant.

Section 11N: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11O Enrolment may be annulled if based on false information or temporary residence

(1)

The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if the board believes on reasonable grounds that the student’s enrolment or pre-enrolment form falsely claimed, for the purpose of securing enrolment, that—

(a)

the student was living in the school’s home zone when the student enrolled at the school; or

(b)

the student was entitled to a particular priority in the ballot for places (for example, by falsely claiming the applicant to be the sibling (as defined in section 11F(3)) of an existing student).

(1A)

The board of a State school that has an enrolment scheme may, subject to subsection (4), annul the enrolment of a student if, following a review under section 11OA, the board determines that the student has used a temporary residence for the purpose of gaining enrolment at the school.

(2)

The address given in a student’s pre-enrolment form as the address where the student lives will be taken to be the address at which the student is living on enrolment, unless the board is notified otherwise.

(3)

The board may annul the enrolment of any student, or may refuse an application for enrolment by any person, who claimed or claims priority in a ballot as a sibling of a student whose enrolment the board has annulled under this section.

(4)

If the board annuls an enrolment under any of subsections (1), (1A), or (3), the annulment takes effect 1 month from the date on which the board decides to annul the enrolment.

(5)

A board that annuls the enrolment of a student must immediately—

(a)

advise the student’s parents, in writing, of the date of annulment and the date on which it takes effect; and

(b)

advise the Secretary of the name of the student and the date of annulment.

Section 11O: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11O heading: amended, on 25 October 2001, by section 8(1) of the Education Standards Act 2001 (2001 No 88).

Section 11O(1A): inserted, on 25 October 2001, by section 8(2) of the Education Standards Act 2001 (2001 No 88).

Section 11O(4): replaced, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

Section 11O(5): replaced, on 25 October 2001, by section 8(3) of the Education Standards Act 2001 (2001 No 88).

11OA Review of student’s enrolment

(1)

The board of a State school that has an enrolment scheme may issue the parents of a student enrolled at the school with a review notice under this section if—

(a)

the student was enrolled at the school on the grounds that he or she lived in the school’s home zone; and

(b)

the student has, since enrolling at the school, moved out of the school’s home zone; and

(c)

the board believes on reasonable grounds that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(2)

On receipt of a review notice, a parent who wishes to rebut the board’s view may make submissions to the board in whatever manner he or she considers appropriate, and the board must, in accordance with any guidelines issued under section 11G(3)(c), give the parent every reasonable opportunity to explain the situation.

(3)

The board may exercise its power under section 11O(1A) to annul the student’s enrolment if, no earlier than 10 school days after the date on which the review notice was sent, the board determines that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(4)

Every review notice must—

(a)

be in writing; and

(b)

be sent by any 1 or more of post, fax, or email to the student’s parents; and

(c)

advise the parents of the effect of the notice, and explain what the parents may do next.

Section 11OA: inserted, on 25 October 2001, by section 9 of the Education Standards Act 2001 (2001 No 88).

11P Secretary may direct board to enrol applicant

(1)

The Secretary may direct the board of any State school (including the board of the school at which the student was enrolled) to enrol a student whose enrolment has been annulled under section 11O.

(2)

The Secretary may direct the board of a State school to enrol an applicant whose application for enrolment it has declined if he or she is satisfied that—

(a)

the board has declined the application on the ground that the applicant is not living in the school’s home zone, but in fact he or she is living in the zone; or

(b)

not giving a direction would be so disadvantageous to the applicant that overriding the enrolment scheme is justified.

(2A)

The power in subsection (2)(b) may only be exercised in exceptional circumstances.

(3)

The Secretary must not give a direction about a person under subsection (1) or subsection (2)(b) unless he or she has taken all reasonable steps to consult the person’s parents, the board of the proposed school, and (if appropriate, having regard to the age and maturity of the person) the person.

(4)

The Secretary may not direct the board of a Kura Kaupapa Maori, a designated character school, or a State integrated school to enrol a person under this section unless the person’s parents agree, and accept the special character of that school.

(5)

A board must comply with a direction under this section, and the direction overrides the provisions of any enrolment scheme the school may have in place.

Section 11P: replaced, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11P(2): replaced, on 19 May 2017, by section 18(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11P(2A): inserted, on 19 May 2017, by section 18(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11P(4): amended, on 19 May 2017, by section 18(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

11PA Annual review of enrolment scheme

(1)

The board of a State school that has an enrolment scheme in place on 1 February in any year must, before 1 May of that year,—

(a)

review the operation of the enrolment scheme, having regard to the purpose and principles of enrolment schemes; and

(b)

ask the Secretary whether he or she agrees with the board’s view about the continuing need for a scheme to prevent overcrowding, or the likelihood of overcrowding, at the school.

(2)

The Secretary may exempt a board for any period not exceeding 3 years from the obligation to conduct an annual review if the Secretary considers that compliance is unnecessary.

(3)

The Secretary may at any time rescind an exemption given under subsection (2), and may require the board to conduct a review of its enrolment scheme within a period specified by the Secretary.

Section 11PA: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

11PB Enrolment schemes of certain State schools

(1)

Sections 11A to 11PA apply to Kura Kaupapa Maori, designated character schools, State integrated schools, and special schools, and to their enrolment schemes, subject to the following modifications:

(a)

all references to overcrowding or the likelihood of overcrowding must be read as if they were references to there being, or being likely to be, more applicants for enrolments at the school than there are places available; and

(b)

the enrolment scheme need not define a home zone for the school, nor provide for balloting of applicants who live outside any home zone, but must accord priority to applicants for whom the school is a reasonably convenient school; and

(c)

section 11J is modified as follows:

(i)

subsection (1) applies as if paragraph (a) read “a general description of the enrolment scheme”; and

(ii)

subsection (2) applies as if paragraphs (a) to (c) were replaced with the words “the likely number of places available and the significant pre-enrolment dates and procedures that will apply”; and

(iii)

subsection (3)(b) does not apply; and

(ca)

[Repealed]

(d)

in the case of a Kura Kaupapa Maori, the application of the sections must not result in inconsistency with section 156; and

(e)

in the case of a designated character school, the application of the sections must not result in inconsistency with the school’s charter or section 156; and

(f)

in the case of a State integrated school, the application of the sections must not result in inconsistency with the school’s integration agreement or Part 33.

(2)

Sections 11A to 11PA do not apply to any State school of a type specified by the Secretary by notice in the Gazette.

Section 11PB: inserted, on 8 July 2000, by section 4 of the Education Amendment Act 2000 (2000 No 21).

Section 11PB(1): amended, on 14 May 2019, by section 7(1) of the Education Amendment Act 2019 (2019 No 18).

Section 11PB(1): amended, on 19 May 2017, by section 19(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11PB(1)(ca): repealed, on 14 May 2019, by section 7(2) of the Education Amendment Act 2019 (2019 No 18).

Section 11PB(1)(d): amended, on 19 May 2017, by section 19(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11PB(1)(f): amended, on 19 May 2017, by section 19(4)(a) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 11PB(1)(f): amended, on 19 May 2017, by section 19(4)(b) of the Education (Update) Amendment Act 2017 (2017 No 20).

11Q Obligation to report to Parliament on enrolment schemes

(1)

The annual report on the schools sector that is laid before the House of Representatives by the Minister of Education in accordance with section 87B must include a statement signed by the Secretary that—

(a)

lists the schools that have an enrolment scheme in place; and

(b)

states the period for which each scheme has been in place; and

(c)

notes the schools where adjacent schools have schemes in place; and

(d)

outlines any plans included in the Ministry’s property development or other programmes to address the pressures on capacity in areas where a number of adjacent schools have enrolment schemes in place, including development plans to manage school population changes to maximise (to the extent it is reasonable and practicable to do so) the opportunity for students to attend a reasonably convenient State school.

(2)

In this section, an enrolment scheme is in place once it has been notified in accordance with section 11J.

Section 11Q: replaced, on 19 December 1998, by section 5 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 11Q(1): amended, on 20 May 2010, by section 10 of the Education Amendment Act 2010 (2010 No 25).

Section 11Q(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 11Q(2): amended, on 8 July 2000, by section 26(3) of the Education Amendment Act 2000 (2000 No 21).

12 Enrolment schemes for certain other schools

[Repealed]

Section 12: repealed, on 20 June 1991, by section 3(1) of the Education Amendment Act 1991 (1991 No 43).

Standing-down, suspension, exclusion, and expulsion of domestic students

Heading: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Heading: amended, on 30 March 2018, by section 6 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

13 Purpose

The purpose of the provisions of this Act concerning the standing-down, suspension, exclusion, or expulsion of a domestic student from a State school is to—

(a)

provide a range of responses for cases of varying degrees of seriousness; and

(b)

minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate; and

(c)

ensure that individual cases are dealt with in accordance with the principles of natural justice.

Section 13: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 13: amended, on 30 March 2018, by section 7 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

13A Application of sections 14 to 18AA

Sections 14 to 18AA (and any rules made under section 18AA) apply only in relation to domestic students.

Section 13A: inserted, on 30 March 2018, by section 8 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).

14 Principal may stand-down or suspend students

(1)

The principal of a State school may stand-down or suspend a student if satisfied on reasonable grounds that—

(a)

the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or

(b)

because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended.

(2)

A stand-down may be for 1 or more specified periods, and—

(a)

the period or periods may not exceed 5 school days in any one term:

(b)

a student may be stood-down more than once in the same year but for not more than 10 school days in total in that year:

(c)

in calculating the period of a stand-down, the day on which the student was stood-down, and any day on which the student would not have had to attend school in any event, must not be counted:

(d)

the principal may lift the stand-down at any time before it is due to expire.

(3)

If a student has been stood-down or suspended, the following provisions apply in relation to the student’s attendance at the school:

(a)

the principal may require the student to attend the school if the principal reasonably considers the student’s attendance is appropriate for the purposes of section 17A:

(b)

the principal must allow the student to attend the school if the student’s parents request that the student be permitted to attend the school and the principal considers the request is reasonable:

(c)

otherwise the student does not have to, and is not permitted to, attend the school while stood-down or suspended.

Section 14: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 14(1)(b): amended, on 17 May 2006, by section 5 of the Education Amendment Act 2006 (2006 No 19).

15 Board’s powers when suspended student younger than 16

(1)

If a student younger than 16 has been suspended from a State school, the school’s board may—

(a)

lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions the board wants to make:

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies:

(c)

if the circumstances of the case justify the most serious response, exclude the student from the school by extending the suspension and requiring the student to be enrolled at another school.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.

(3)

If a student fails to comply with any condition imposed under this section in respect of the lifting or extension of his or her suspension, the principal may request the board to reconsider the action it took under this section in that case and the board may confirm or reverse its earlier decisions or may modify its earlier decisions by taking any action specified in any of paragraphs (a) to (c) of subsection (1).

(4)

If the board has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of a student younger than 16 ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

(5)

If the board of a State school excludes the student under subsection (1)(c), the principal must try to arrange for the student to attend another school (which school is a suitable school that the student can reasonably conveniently attend).

(6)

If the principal is unable, by the tenth school day after the day of the board’s decision to exclude a student, to arrange for the student to attend another school, the principal must tell the Secretary what steps the principal took in trying to do so.

Section 15: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

16 Secretary’s powers when excluded student younger than 16

(1)

If the Secretary is satisfied that the board of a State school has excluded a student who is younger than 16 from the school under section 15(1)(c), and that the principal has not arranged for the student to attend another school, the Secretary must either,—

(a)

if satisfied that it is not inappropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

(b)

arrange for and, if necessary, direct the board of any other State school (that is not a State integrated school) to enrol the student at the other school; or

(ba)

[Repealed]

(c)

direct a parent of the student to enrol the student at a correspondence school.

(2)

The Secretary may not give a direction under subsection (1)(b) or lift an exclusion under subsection (1)(a) unless the Secretary has also made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(2A)

[Repealed]

(3)

If the board of the school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)(b)) may direct the board to enrol the student at that other school.

(4)

A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.

(5)

[Repealed]

Section 16: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 16(1)(b): amended, on 19 May 2017, by section 20(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 16(1)(ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 16(2A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 16(5): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

17 Board’s powers when suspended student 16 or older

(1)

If a student who is 16 or older has been suspended from a State school, the board may—

(a)

lift the suspension at any time before it expires, either unconditionally or subject to any reasonable conditions it wants to make; or

(b)

extend the suspension conditionally for a reasonable period determined by the board when extending the suspension, in which case subsection (2) applies; or

(c)

expel the student.

(2)

If the board extends a suspension conditionally, the board must impose reasonable conditions aimed at facilitating the return of the student to school, and must take steps to facilitate the return of the student to school.

(3)

(4)

If the board has not sooner lifted or extended it or expelled the student under subsection (1)(c), the suspension of a student who is 16 or older ceases to have effect—

(a)

at the close of the seventh school day after the day of the suspension; or

(b)

if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.

Section 17: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 17(3): amended, on 19 May 2017, by section 21 of the Education (Update) Amendment Act 2017 (2017 No 20).

17A Duties of principal when student stood-down or suspended

(1)

When a student is stood-down or suspended from a State school, the principal must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.

(2)

If a student’s suspension is subject to conditions (whether under section 15 or section 17), the principal must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.

(3)

The purpose of the programme referred to in subsection (2) is to facilitate the return of a student to school and to minimise the educational disadvantages that occur from absence from school.

Section 17A: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17B Who may attend board meeting concerning suspensions

(1)

If a student has been suspended, the student, the student’s parents, and their representatives are entitled to attend at least 1 meeting of the board and speak at that meeting, and to have their views considered by the board before it decides whether to lift or extend the suspension or exclude or expel the student (whether under section 15 or section 17).

(2)

Instead of attending and speaking at a meeting of the board in person, the student, the student’s parents, and their representatives may attend and speak by way of telephone conference or video link.

(3)

A telephone conference or video link may be used only if the student and his or her parents have requested the use of a telephone conference or video link (as the case may be).

Sections 17B: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 17B(2): inserted, on 14 May 2019, by section 22 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 17B(3): inserted, on 14 May 2019, by section 22 of the Education (Update) Amendment Act 2017 (2017 No 20).

17C Effect of suspension on school register

(1)

The name of a student younger than 16 who has been suspended from a school under section 14 or excluded from a school under section 15(1)(c) must stay on the school’s register until the earliest of the following days:

(a)

the day the student is enrolled at another registered school:

(b)

the day the student is given an exemption under section 21 or section 22.

(2)

The name of a student who has turned 16 and is suspended from a school under section 14 must stay on the register of the school until the earliest of the following days:

(a)

the day on which the student is enrolled at another registered school:

(b)

the day on which the student is expelled from the school:

(c)

the day on which the student leaves school:

(d)

1 January after the student’s 19th birthday.

(3)

Subsection (2) applies to a student who is younger than 16 when suspended from a school under section 14 or excluded from a school under section 15(1)(c), and turns 16 while subject to the suspension or exclusion.

Sections 17C: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

17D Re-enrolment of excluded or expelled student

(1)

The board of a State school from which a student has ever been excluded or expelled (whether under section 15 or section 17) may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 16(1)(a)).

(2)

Subject to sections 16(1)(b) and 158R(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 15 or 17) from another State school.

(3)

The Secretary may, in the case of a student who has turned 16, direct the board of another State school (that is not a State integrated school) to enrol a student at the school if—

(a)

the student has been expelled from a State school under section 17; and

(b)

the Secretary has made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(3A)

[Repealed]

(4)

A board must comply with a direction under subsection (3), and the direction overrides the provisions of any enrolment scheme the school may have in place.

(5)

[Repealed]

Sections 17D: inserted, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 17D(2): replaced, on 13 June 2013, by section 8(1) of the Education Amendment Act 2013 (2013 No 34).

Section 17D(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 17D(3): amended, on 19 May 2017, by section 23 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 17D(3)(a): amended, on 13 June 2013, by section 8(2) of the Education Amendment Act 2013 (2013 No 34).

Section 17D(3A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 17D(5): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

18 Notice requirements for stand-downs, suspensions, exclusions, and expulsions

(1)

Immediately after a student is stood-down under section 14, the principal must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the student has been stood-down; and

(b)

the reasons for the principal’s decision; and

(c)

the period for which the student has been stood-down.

(2)

Immediately after a student is suspended under section 14, the principal must tell the board, the Secretary, and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the student has been suspended; and

(b)

the reasons for the principal’s decision.

(3)

Immediately after a board lifts a suspension, extends a suspension, excludes a student, or expels a student (whether under section 15 or section 17), the board must tell the Secretary and (except in the case of a student who has turned 20) a parent of the student—

(a)

that the suspension has been lifted or extended, and the period of the extension (if any), or that the student has been excluded or expelled; and

(b)

the reasons for the board’s decision.

Section 18: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

18AA Secretary may make rules

(1)

The Secretary may from time to time, by notice in the Gazette, make rules (which must not be inconsistent with this Act) regulating the practice and procedure to be followed by boards, principals, students, parents of students, and other persons under sections 14 to 18, including (without limitation) rules—

(a)

setting out procedural requirements to be followed when a proposed stand-down, suspension, exclusion, or expulsion is to be considered or decided:

(b)

specifying who should be consulted about the circumstances of a stand-down, suspension, exclusion, or expulsion:

(c)

setting out the steps to be taken by the principal and board, respectively, when a student has been stood-down, suspended, excluded, or expelled:

(d)

specifying the notices to be given when a decision not to lift a suspension, or a decision to extend a suspension or expel a student, is made; and specifying the particulars to be set out in each notice:

(e)

specifying time limits within which specified things are to be done, and the reports that are to be produced and the persons who are to produce them:

(f)

providing reasonable measures (which must not be inconsistent with the Privacy Act 1993) to protect the privacy of individuals:

(g)

providing for such other matters as the Secretary considers desirable in the interests of natural justice.

(2)

Before making any rules under this section, the Secretary must—

(a)

publish in the Gazette, and in such newspapers as the Secretary considers appropriate, a notice of his or her intention to make the rules; and

(b)

give interested persons a reasonable time to make representations about the proposed rules; and

(c)

consult such persons and groups as the Secretary considers appropriate.

(3)

If there is any conflict between rules made under this section and the provisions of clause 40 of Schedule 6, the rules override clause 40.

(4)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 18AA: inserted, on 19 December 1998, by section 8 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 18AA(3): amended, on 19 May 2017, by section 24 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 18AA(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

18A Recommendation that student should attend particular school

(1)

The Secretary may, on the recommendation of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989, direct the board of a State school to enrol at the school any person; and in that case the board must do so.

(2)

No direction may be given under subsection (1) unless the Secretary has taken all reasonable steps to consult—

(a)

the person’s parents; and

(b)

the board of the school concerned; and

(c)

the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989, and any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the person’s education or welfare.

(3)

A board must comply with a direction under subsection (1), and the direction overrides the provisions of any enrolment scheme the school may have in place.

Section 18A: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 18A(1): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(1): amended, on 8 July 2000, by section 5 of the Education Amendment Act 2000 (2000 No 21).

Section 18A(2)(c): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 18A(3): replaced, on 8 July 2000, by section 26(4) of the Education Amendment Act 2000 (2000 No 21).

19 Principal may preclude student for health reasons

(1)

A principal of a State school who believes on reasonable grounds that a student—

(a)

is not clean enough to keep attending the school; or

(b)

may have a communicable disease (within the meaning of the Health Act 1956),—

may preclude the student from the school.

(2)

Forthwith after precluding a student from school under subsection (1), the principal shall make all reasonable efforts to tell—

(a)

the board; and

(b)

either the student (in the case of a student who has turned 20) or the student’s parents (in every other case); and

(c)

in the case of a student precluded under subsection (1)(b), the Medical Officer of Health,—

that the student has been precluded, and why.

(3)

Where a student has been precluded from a State school for being not clean enough, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the principal is satisfied that the student is clean enough to go back to school.

(4)

Where a student has been precluded from a State school on suspicion of having a communicable disease, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the board has received a certificate from a doctor stating that the student is well enough to go back to school.

(5)

Where any person is charged with an offence against section 29 (which relates to ensuring the attendance of students at school)—

(a)

it is a defence to the charge if it is proved that—

(i)

the student did not attend because precluded for having a communicable disease; and

(ii)

the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school (as the case may be); and

(b)

except to the extent set out in paragraph (a), it is not a defence to the charge that the student did not attend because precluded under subsection (1).

(6)

No principal or board is liable for any act done or omitted—

(a)

in good faith; and

(b)

with reasonable care; and

(c)

in pursuance or intended pursuance of a power or duty given or imposed by this section.

Compare: 1964 No 135 s 193B

Section 19 heading: amended, on 19 December 1998, by section 9 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(1): amended, on 19 December 1998, by section 9(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2)(c): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(i): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(ii): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(b): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Part 3 Enrolment and attendance of students

20 New Zealand citizens and residents between 6 and 16 must be enrolled at registered school

(1)

Every person who is a New Zealand citizen or resident must, during the period beginning on the person’s sixth birthday and ending on the person’s 16th birthday, be enrolled at a registered school.

(2)

Before a child’s seventh birthday, the child is not required to be enrolled at any school more than 3 kilometres walking distance from the child’s residence.

(3)

Subsections (1) and (2) do not apply to international students.

(4)

This section is subject to anything else in this Act.

Section 20: replaced, on 14 May 2019, by section 25 of the Education (Update) Amendment Act 2017 (2017 No 20).

21 Long term exemptions from enrolment

(1)

An employee of the Ministry designated by the Secretary for the purpose (in this section and section 26 referred to as a designated officer) may, by certificate given to a person’s parent, exempt the person from the requirements of section 20,—

(a)

on the parent’s application; and

(b)

if satisfied that the person—

(i)

will be taught at least as regularly and well as in a registered school; or

(ii)

in the case of a person who would otherwise be likely to need special education, will be taught at least as regularly and well as in a special class or clinic or by a special service.

(2)

A certificate under subsection (1) continues in force until it is revoked or expires under this section.

(3)

If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

(4)

The Secretary’s decision is final.

(5)

Every certificate under subsection (1) or subsection (3) shall state why it was given.

(6)

Subject to subsection (7), the Secretary may at any time revoke a certificate under subsection (1) or subsection (3).

(7)

The Secretary shall not revoke a certificate under subsection (1) or subsection (3), unless, after having—

(a)

made reasonable efforts to get all the relevant information; and

(b)

considered a report on the matter from the Chief Review Officer,—

the Secretary is not satisfied of whichever of the grounds specified in subsection (1)(b) the certificate was originally granted on.

(8)

If the Secretary thinks any person exempted under subsection (1) would be better off getting special education, the Secretary may revoke the certificate and issue a direction under section 9.

(8A)

A certificate for the time being in force under subsection (1) or subsection (3) expires when the person to whom it applies turns 16 or enrols at a registered school, whichever happens first.

(9)

Every certificate of exemption under section 111 of the Education Act 1964 that was in force on 30 September 1989 shall be deemed to have been granted—

(a)

on the ground specified in subsection (1)(b)(i) if it was in fact granted—

(i)

before 20 July 1987, under section 111(4)(a) of the Education Act 1964; or

(ii)

after 19 July 1987, under section 111(3)(a) of that Act; and

(b)

on the ground specified in subsection (1)(b)(ii) if it was in fact granted—

(i)

before 20 July 1987, under section 111(4)(b) of the Education Act 1964; or

(ii)

after 19 July 1987, under section 111(3)(b) of that Act;—

and may be revoked under this section accordingly.

Section 21(2): amended, on 19 December 1998, by section 10(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 21(6): amended, on 23 July 1990, by section 10 of the Education Amendment Act 1990 (1990 No 60).

Section 21(8A): inserted, on 19 December 1998, by section 10(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 21(9): inserted, on 1 January 1990, by section 8 of the Education Amendment Act 1989 (1989 No 156).

Section 21 compare note: repealed, on 20 May 2010, by section 11 of the Education Amendment Act 2010 (2010 No 25).

22 Secretary may exempt from enrolment

(1)

Subject to subsection (2), the Secretary may, by certificate given to the parent of a person who has turned 15, exempt the person from the requirements of section 20—

(a)

on the parent’s application; and

(b)

if satisfied that, on the basis of—

(i)

the person’s educational problems; and

(ii)

the person’s conduct; and

(iii)

the benefit (if any) the person is likely to get from available schools,—

it is sensible to do so.

(2)

The Secretary shall not exempt under subsection (1) any person who has neither completed the work of form 2 nor enrolled for a class above form 2.

(3)

The Secretary shall tell the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 the name and address of every person exempted under subsection (1).

(4)

If satisfied that it is in the best interests of any person to do so, the Secretary may revoke the person’s certificate under subsection (1).

Compare: 1964 No 135 s 112

Section 22(1): amended, on 1 January 1993, by section 5(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 22(3): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22(3): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

22A Secretary may exempt from enrolment persons placed in residence or programme under Oranga Tamariki Act 1989

(1)

On an application from the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989, the Secretary may, by a certificate given to the chief executive of that department, exempt a person from the requirements of section 20 if satisfied that the requirements set out in subsection (2) have been met.

(2)

The requirements referred to in subsection (1) are that the person—

(a)

has been placed—

(i)

in a residence established under section 364 of the Oranga Tamariki Act 1989; or

(ii)

in a residential programme instituted by, and operated under contract with, the chief executive of that department where the person would otherwise be in a residence established under section 364 of that Act; and

(b)

will receive education services appropriate to the person’s needs.

(3)

The Secretary may at any time revoke a certificate granted under subsection (1)—

(a)

on notification by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 that the person exempted has been released from a residence other than for a temporary period; or

(b)

if the Secretary is no longer satisfied that the person exempted meets the requirements of subsection (2); or

(c)

at the request of the chief executive of that department and if satisfied that an exemption from section 20 is no longer required.

(4)

A certificate under subsection (1) continues in force until revoked under this section.

Section 22A: replaced, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 22A heading: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22A(1): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22A(2)(a)(i): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 22A(3)(a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

23 Effect of exemption

For so long as a certificate under section 21 or section 22 continues in force—

(a)

the exempted person does not have to be enrolled at any school; and

(b)

no person has to have the exempted person enrolled at any school.

Section 23 compare note: repealed, on 20 May 2010, by section 12 of the Education Amendment Act 2010 (2010 No 25).

24 Penalty for failure to enrol

(1)

Where the parent of a person required by this Act to be enrolled at a registered school fails or refuses to ensure that the person is enrolled at a registered school, the parent commits an offence, and is liable on conviction to a fine not exceeding $3,000.

(2)

The payment of a fine in respect of a conviction for an offence against subsection (1) is not a bar to proceedings for a further such offence.

Compare: 1964 No 135 s 116

Section 24(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 24(1): amended, on 17 December 2008, by section 4 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

25 Students required to enrol must attend school

(1)

Except as provided in this Act, every student of a registered school who fits into either or both of the following categories is required to attend the school whenever it is open:

(a)

a student who is required by section 20 to be enrolled at a registered school:

(b)

a student who is aged 5 and is enrolled at a registered school.

(2)

Every board shall take all reasonable steps to ensure that students who are required by subsection (1) to attend the school whenever it is open do so.

(3)

For the purposes of this section, a student attends a school on any day if, on the day,—

(a)

it has been open for instruction for 4 hours or more; and

(b)

the student has been present for 4 hours or more when it was open for instruction.

(3A)

Despite subsections (1) to (3), if a child is aged 5 and is enrolled at a registered school,—

(a)

the child’s parents, the principal, and the Secretary may agree a plan to help the transition of the child to school, depending on the particular needs of the child; and

(b)

the child is required to attend school in accordance with the plan.

(4)

Nothing in subsections (1) to (3) applies to a participating student who is enrolled at a registered school for the purposes of the secondary component of his or her secondary-tertiary programme, but he or she must attend the school for any portion of the programme as notified by the provider group or lead provider under section 31J.

(5)

Nothing in subsections (1) to (3) applies to an affected student.

(6)

An affected student must attend school for the whole of the time period (or periods) each day during which the student’s timetable is running.

(7)

A board that is running a multiple timetable arrangement must take all reasonable steps to ensure that an affected student attends the school for the whole of the time period (or periods) each day during which the student’s timetable is running.

(8)

In this section,—

affected student means a student who is required to attend school in accordance with a multiple timetable arrangement

multiple timetable arrangement means an arrangement under which more than 1 timetable is run on the same day (whether consecutively or concurrently).

Compare: 1964 No 135 s 117

Section 25(1): replaced, on 3 July 2017, by section 30(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 25(1)(b): amended, on 1 January 2020, by section 8(1) of the Education Amendment Act 2019 (2019 No 18).

Section 25(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 25(3A): inserted, on 3 July 2017, by section 30(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 25(3A): amended, on 1 January 2020, by section 8(2) of the Education Amendment Act 2019 (2019 No 18).

Section 25(4): replaced, on 21 December 2010, by section 7 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 25(5): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(6): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(7): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

Section 25(7): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 25(8): inserted, on 13 June 2013, by section 9(2) of the Education Amendment Act 2013 (2013 No 34).

25A Release from tuition on religious or cultural grounds

(1)

A student aged 16 and above, or the parent of a student aged under 16, may ask the principal to release the student from tuition in a particular class or subject.

(1A)

A request under subsection (1) must be made in writing, and at least 24 hours before the start of the tuition.

(1B)

This section applies only to students enrolled at a State school that is not a State integrated school.

(2)

Unless satisfied that—

(a)

the parent or student (as the case may be) has asked because of sincerely held religious or cultural views; and

(b)

the student will be adequately supervised (whether within or outside the school) during the tuition,—

the principal shall not release the student.

(3)

Upon receiving a request from a parent under subsection (1), the principal must, before agreeing to release the student, take all reasonable steps to find out the student’s views on the matter.

(4)

Subject to subsection (2), the principal shall release the student from the tuition and (if the student is to be supervised outside the school) let the student leave the school during the tuition unless satisfied, in the light of—

(a)

the student’s age, maturity, and ability to formulate and express views; and

(b)

any views the student has expressed,—

that it is inappropriate to do so.

(5)

Nothing in this section limits or affects section 79 of the Education Act 1964.

Section 25A: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 25A(1): replaced, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1A): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1B): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1B): amended, on 19 May 2017, by section 31 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 25A(2)(a): amended, on 25 October 2001, by section 10(2) of the Education Standards Act 2001 (2001 No 88).

Section 25A(3): replaced, on 25 October 2001, by section 10(3) of the Education Standards Act 2001 (2001 No 88).

25AA Release from tuition in specified parts of health curriculum

(1)

The parent of a student enrolled at any State school may ask the principal in writing to ensure that the student is excluded from tuition in specified parts of the health curriculum related to sexuality education and, on receipt of such a request, the principal must ensure that—

(a)

the student is excluded from the relevant tuition; and

(b)

the student is supervised during that tuition.

(2)

Nothing in subsection (1) requires a principal to ensure that a student who is to be excluded from tuition in specified parts of the health curriculum related to sexuality education is excluded at any other time while a teacher deals with a question raised by another student that relates to the specified part of the curriculum.

Section 25AA: inserted, on 25 October 2001, by section 11(1) of the Education Standards Act 2001 (2001 No 88).

25B Release from school

The principal of a State school—

(a)

may, if satisfied that—

(i)

a student will receive outside the school tuition acceptable to the principal; and

(ii)

releasing the student would not result in a contravention of section 25(2),—

release the student from attendance at the school, for a period or periods agreed with a parent of the student, to receive the tuition (and, where appropriate, travel between the school and the place where the tuition is to be given):

(b)

may, if satisfied that—

(i)

a student has, on any day on which the school was open for instruction, been present at the school for 4 hours or more; and

(ii)

there are good reasons for the student to leave before the school closes on that day,—

let the student leave early on that day.

Section 25B: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

26 Exemption from attendance

(1)

A designated officer (as defined in section 21(1)) may, by certificate given to a student’s parent, exempt the student (entirely or partly) from attending a school—

(a)

on the parent’s application; and

(b)

if satisfied that—

(i)

the student is under 10, and the walking distance between the student’s residence and the school is more than 3 kilometres; or

(ii)

the walking distance between the student’s residence and the school is more than 5 kilometres; or

(iii)

it is sensible to exempt the student for some other reason.

(2)

(3)

The Secretary’s decision is final.

(4)

Subject to subsections (6) and (7), a certificate under subsection (1) shall specify the day on which it expires; and until it expires or is cancelled, the student’s parent is not subject to section 20 in respect of the student.

(5)

Every certificate under subsection (1) shall state the grounds on which it was granted.

(6)

No certificate granted under subsection (1)(b)(iii) shall specify an expiry day more than 7 school days after the day it is granted.

(7)

No other certificate under subsection (1) shall specify an expiry day more than 1 year after the day it is granted.

(8)

Where a certificate under subsection (1) expires, a designated officer may, subject to that subsection, issue another in its place.

(9)

The Secretary may at any time cancel a certificate under subsection (1).

Compare: 1964 No 135 s 118

27 Principal may exempt from attendance for short period

(1)

If satisfied that a student’s absence was or will be justified, the principal of the school may exempt the student from attending the school for a period of no more than 5 school days.

(2)

The parent of a student exempted under subsection (1) is not subject to section 25 in respect of the student for the period to which the exemption relates.

(3)

In the absence of evidence to the contrary, a certificate from the principal of a school that—

(a)

a student was absent from the school for any period; and

(b)

the principal is not satisfied that the absence was justified,—

is proof that the student was absent for that period without being exempted under subsection (1).

(4)

For the purposes of subsection (3), judicial notice shall be taken of the appointment and signature of every principal.

Compare: 1964 No 135 s 118(9)

28 Secretary may require parents of certain children to enrol them at correspondence school

(1)

The Secretary, by notice in writing to the parent of a student—

(a)

who has a certificate of exemption for the student under subparagraph (i) or subparagraph (ii) of section 26(1)(b); or

(b)

who has been directed under section 16(1)(c) to enrol the student at a correspondence school,—

may call on the parent to have the student enrolled at a correspondence school specified in the notice, and ensure that the student does the work of the course in which the student is enrolled.

(2)

Enrolment under subsection (1) shall be—

(a)

for the period of exemption, in the case of a student exempted under section 26(1)(b); and

(b)

until the student turns 16, or for a shorter period specified in the notice, in every other case.

(3)

A parent who fails to comply with a notice under subsection (1) to have a student enrolled at a correspondence school commits an offence, and is liable on conviction to a fine not exceeding the maximum fine provided for in section 24(1) (which relates to the failure to enrol at a registered school).

Compare: 1969 No 135 s 119

Section 28(1)(b): amended, on 29 October 2016, by section 4 of the Education Legislation Act 2016 (2016 No 72).

Section 28(2)(b): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 28(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

29 Penalty for irregular attendance

(1)

Every parent of a person who,—

(a)

while enrolled at a registered school, does not attend as provided in section 25; or

(b)

while enrolled at a correspondence school, does not do the work of the course in which the student is enrolled,—

commits an offence, and is liable on conviction to a fine not exceeding an amount calculated at the rate of $30 for every school day for which the offence has occurred.

(2)

Notwithstanding subsection (1), a fine imposed for an offence against that subsection shall not exceed $300 for a first offence against the subsection (or section 120(1) of the Education Act 1964), or $3,000 for a second or subsequent offence.

(3)

The imposition of a penalty under this section does not affect or restrict the operation of any provision of the Oranga Tamariki Act 1989.

Compare: 1964 No 135 ss 119(2), 120

Section 29(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 29(1): amended, on 20 May 2010, by section 13 of the Education Amendment Act 2010 (2010 No 25).

Section 29(1): amended, on 17 December 2008, by section 5(1) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 29(2): amended, on 17 December 2008, by section 5(2)(a) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 29(2): amended, on 17 December 2008, by section 5(2)(b) of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 29(3): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

30 Employment of school-age children

(1)

No person shall employ any person who has not turned 16 at any time—

(a)

within school hours; or

(ab)

in the case of a person who is a student participating in a secondary-tertiary programme, when the employment interferes with the person’s ability to undertake the secondary-tertiary programme; or

(b)

in the case of a person enrolled at a correspondence school, when the employment interferes with the person’s ability to do the work of the course in which the student is enrolled; or

(c)

in the case of a person who has been granted a certificate of exemption under section 21, when the employment interferes with the person’s ability to be taught as well and regularly as in a registered school; or

(d)

if the employment then—

(i)

prevents or interferes with the person’s attendance at school; or

(ia)

in the case of a person who is a participating student, interferes with the person’s ability to undertake his or her secondary-tertiary programme; or

(ii)

in the case of a person enrolled at a correspondence school, interferes with the person’s ability to do the work of the course in which the person is enrolled,—

unless there has been produced to the employer a certificate of exemption, or other satisfactory evidence that the person is exempted (otherwise than under section 21(1)) from enrolment at any school.

(2)

Every person who—

(a)

being a parent of any other person, permits the other person to be employed contrary to subsection (1); or

(b)

employs any other person in contravention of the subsection,—

commits an offence, and is liable on conviction to a fine not exceeding $1,000.

Compare: 1964 No 135 ss 121, 122

Section 30(1): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 30(1)(ab): inserted, on 21 December 2010, by section 8(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(1)(d)(ia): inserted, on 21 December 2010, by section 8(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 30(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31 Ensuring attendance of students

(1)

Any board may appoint any person to be an attendance officer for the schools or institutions it administers.

(1A)

[Repealed]

(2)

A person may be appointed an attendance officer by 2 or more boards.

(3)

Every board shall, by any means it thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school or schools (or institution or institutions).

(3A)

[Repealed]

(4)

An attendance officer, on producing a distinctive badge or other evidence of appointment, or a constable may at any time detain any person who appears to have turned 5 and not to have turned 16, and who is not then at school, and question the person as to the person’s name and address, the school (if any) at which the person is enrolled and its address, and the reason for the person’s absence from school.

(5)

If not satisfied by the person’s answers that the person has a good reason for not being at school, the attendance officer or constable—

(a)

may take the person to the person’s home, or to the school at which the officer thinks the person is enrolled.

(b)

[Repealed]

(6)

A person who, after an attendance officer has produced evidence of appointment, obstructs or interferes with the officer in the exercise of powers under this section, commits an offence, and is liable on conviction to a fine not exceeding $1,000.

(7)

Any attendance officer, a principal, the Secretary, or any person appointed by a board or the Secretary for the purpose may file charging documents, conduct prosecutions, and take any other proceedings, under this Part.

(8)

A certificate sealed by a board showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity of, and validity of the affixing of, a board’s seal shall not in any proceedings under this Part be inquired into or disputed.

(8A)

[Repealed]

(9)

This section applies to a participating student only in relation to any portion of his or her secondary-tertiary programme during which he or she is required to attend school, as notified by the provider group or lead provider under section 31J.

(10)

This section applies to an affected student (within the meaning of section 25(8)) only in relation to the time period (or periods) each day during which his or her timetable is running.

Compare: 1964 No 135 s 123

Section 31(1A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(3A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(4): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(5)(b): repealed, on 1 January 1992, by section 7 of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(7): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 17 December 2008, by section 6 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 31(8A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(9): inserted, on 21 December 2010, by section 9 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31(10): inserted, on 13 June 2013, by section 10(6) of the Education Amendment Act 2013 (2013 No 34).

31A Nature of secondary-tertiary programme

A secondary-tertiary programme means a full-time programme for a participating student that—

(a)

consists of a secondary component and a tertiary component; and

(b)

is co-ordinated by a provider group or a lead provider.

Section 31A: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31B Provider group for secondary-tertiary programme

(1)

The Minister may, by notice in the Gazette, recognise as a provider group of secondary-tertiary programmes a group of organisations that consists of—

(a)

any 1 or more of the following:

(i)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ia)

[Repealed]

(ii)

a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school; and

(b)

any 1 or more of the following:

(i)

a government training establishment:

(ii)

[Repealed]

(iii)

an institution:

(iv)

a registered establishment.

(2)

Each member of a provider group is jointly and severally liable with the other members of the group in respect of the group’s obligations and responsibilities.

(3)

Each member of a provider group must take all reasonable steps to work in a co-operative manner with the other members of the group.

Section 31B: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31B(1)(a)(ia): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31B(1)(b)(ii): repealed, on 1 April 2020, by section 5 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

31C Secretary may enter into agreement with provider group

(1)

A provider group may co-ordinate a secondary-tertiary programme, if the provider group has entered into a written agreement with the Secretary in relation to the programme.

(2)

The matters that an agreement under subsection (1) may provide for, in relation to a secondary-tertiary programme, may include (without limitation) any 1 or more of the following:

(a)

its organisation and operation:

(b)

its curriculum, courses, and any qualification resulting from it:

(c)

selection of students to participate in it:

(d)

clarification of responsibility for the welfare and educational performance of participating students:

(e)

pastoral care and career guidance for participating students:

(f)

its funding, and the responsibility of specific members of the provider group in relation to that funding:

(g)

the maximum number of students that may participate in it.

(3)

The Secretary and the provider group may agree at any time to cancel or vary an agreement under subsection (1).

(4)

The Secretary or the provider group may cancel an agreement under subsection (1) by giving at least 6 months’ notice in writing to the provider group or the Secretary (as the case may be).

Section 31C: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31D Provider group plan for secondary-tertiary programme

(1)

A provider group must—

(a)

prepare and maintain a plan that contains short-term and long-term goals for each secondary-tertiary programme that it co-ordinates; and

(b)

provide the Secretary with a copy of the plan.

(2)

A provider group that alters any plan provided to the Secretary under subsection (1)(b) must provide the Secretary with a copy of the changed plan as soon as practicable.

Section 31D: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31E Report to Secretary by provider group

(1)

A provider group must report at least annually to the Secretary regarding its performance and progress.

(2)

The Secretary may, by notice in the Gazette, specify the format, or content, or both, required for reports that are to be made under subsection (1).

Section 31E: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31F Recognition as lead provider of secondary-tertiary programme

The Minister may, by notice in the Gazette, recognise as a lead provider of secondary-tertiary programmes any of the following:

(a)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ab)

[Repealed]

(b)

a body corporate that is the manager of a school registered under section 35A, other than a school registered under that section only as a primary school:

(c)

a government training establishment:

(d)

[Repealed]

(e)

an institution:

(f)

a registered establishment.

Section 31F: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31F(ab): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31F(d): repealed, on 1 April 2020, by section 6 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

31G Lead provider to co-ordinate secondary-tertiary programme

(1)

A lead provider may co-ordinate a secondary-tertiary programme, if the lead provider has made an arrangement for the safety, welfare, and educational programmes of participating students that is—

(a)

agreed to by the Secretary; or

(b)

in a form approved by the Secretary.

(2)

Any of the following may provide a secondary component or a tertiary component of a secondary-tertiary programme, after making an arrangement as specified in subsection (1) with the lead provider of the programme:

(a)

a board of a secondary school, a composite school, or a special school that is a relevant school within the meaning of section 246:

(ab)

[Repealed]

(b)

the managers of a school registered under section 35A, other than a school registered under that section only as a primary school:

(c)

a government training establishment:

(d)

an institution:

(e)

a registered establishment:

(f)

an employer providing work experience under the programme.

(3)

The Secretary may withdraw his or her agreement under subsection (1)(a), or his or her approval under subsection (1)(b), by giving at least 6 months’ notice in writing to the lead provider.

Section 31G: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31G(2)(ab): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

31H Government policies or priorities

(1)

The Minister may, by notice in the Gazette, publish government policies, or priorities, or both that apply in relation to any 1 or more of the following:

(a)

secondary-tertiary programmes:

(b)

provider groups, or specified types of provider groups:

(c)

lead providers, or specified types of lead providers.

(2)

The Minister may, by written notice to a provider group or lead provider, issue a government policy or priority that applies in relation to the group or provider.

(3)

A provider group or lead provider must take all reasonable steps to comply with any government policy or priority—

(a)

published under subsection (1); or

(b)

notified under subsection (2).

(4)

In this section, comply means to give effect to the government policy or priority or to have regard to the government policy or priority, as the context requires.

Section 31H: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31I Entry into secondary-tertiary programme

(1)

A student who is enrolled in any of the following may apply to a provider group or lead provider for his or her entry into a secondary-tertiary programme:

(a)

a secondary school:

(b)

a composite school:

(ba)

[Repealed]

(c)

a school that is registered under section 35A, other than a school registered under that section only as a primary school:

(d)

a special school that is a relevant school within the meaning of section 246.

(2)

Approval for a student’s entry into a secondary-tertiary programme is at the discretion of the provider group or lead provider.

Section 31I: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31I(1)(ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

31J Provider group or lead provider to notify student and parents about any school attendance requirement

The provider group or lead provider co-ordinating a participating student’s secondary-tertiary programme must take all reasonable steps to notify the student and his or her parents in writing about any portion of the programme during which the student’s participation in the programme requires his or her attendance at school.

Section 31J: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31K Withdrawal from secondary-tertiary programme

(1)

A participating student may withdraw from his or her secondary-tertiary programme at any time.

(2)

A provider group or lead provider (as the case may be) may withdraw its approval for a student’s participation in a secondary-tertiary programme after consulting with the student.

Section 31K: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

31L International students and secondary-tertiary programmes

A provider group or lead provider must not approve the entry of an international student into a secondary-tertiary programme if to do so would result in the provider excluding from entry to the programme any domestic student who has applied for entry into the programme and is otherwise eligible to participate in the programme.

Section 31L: inserted, on 21 December 2010, by section 10 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31L heading: amended, on 30 August 2011, by section 14(1) of the Education Amendment Act 2011 (2011 No 66).

Section 31L: amended, on 30 August 2011, by section 14(2) of the Education Amendment Act 2011 (2011 No 66).

Section 31L: amended, on 30 August 2011, by section 14(3) of the Education Amendment Act 2011 (2011 No 66).

32 Hearings of proceedings may be private

If the District Court Judge concerned so orders, proceedings under this Part shall be held with closed doors.

Compare: 1964 No 135 s 124

33 Evidence of school roll, etc

(1)

In any proceedings under this Act, a certificate by a principal as to any of the following matters is, in the absence of proof to the contrary, proof of the matter stated:

(a)

the enrolment of a person:

(b)

the days on which a school was open during any period:

(c)

the days on which a student attended a school during any period:

(d)

a student’s age:

(e)

the name and address of a student’s parent.

(2)

Judicial notice shall be taken of the signature and appointment of a principal on a certificate under subsection (1).

Compare: 1964 No 135 s 125

34 Burden of proof on parents

In proceedings under this Part of this Act, the burden of proving any of the following matters in relation to a person is on the person’s parent:

(a)

the enrolment of the person at a school:

(b)

the person’s attendance at a school:

(c)

the person’s exemption from enrolment or attendance at a school.

Compare: 1964 No 135 s 126

35 Fines to be paid to board

Every fine recovered under this Part must be paid to the board on whose behalf the proceedings concerned were commenced.

Section 35: replaced, on 29 October 2016, by section 5 of the Education Legislation Act 2016 (2016 No 72).

Section 35 heading: amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 35: amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Registration of private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35A Provisional and full registration of private schools

(1)

The managers of an unregistered or proposed private school must apply to the Secretary, on a form provided by the Secretary for the purpose, for its provisional registration as a primary, secondary, or special private school, or as a school of 2 or all of those descriptions.

(2)

The Secretary must provisionally register a school in respect of which an application is made under subsection (1) as a school of the description or descriptions concerned if he or she is satisfied that the school or proposed school meets or is likely to meet the criteria for registration as a private school.

(3)

Provisional registration of a school or proposed school continues—

(a)

for 12 months (unless it is revoked earlier); or

(b)

until the expiry of any period specified by the Secretary under subsection (4).

(4)

The Secretary may renew the provisional registration of a school only once, for a period specified by the Secretary, if he or she is satisfied that—

(a)

exceptional circumstances exist in relation to the school; and

(b)

the school is likely to meet the criteria for registration as a private school in that period.

(5)

The Secretary may request a further review, in addition to the review under section 35I(2), of a school that has its provisional registration renewed under subsection (4).

(6)

The Secretary must fully register a school as a school of the description or descriptions concerned if he or she is satisfied, having considered any report under section 35I(4) in relation to a review under section 35I(2) or (3) (as the case may be), that a provisionally registered school meets the criteria for registration as a private school.

Section 35A: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35AA Suspensions and expulsions of students from private schools to be notified to Secretary

[Repealed]

Section 35AA: repealed, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35B Secretary may require application for registration of school

The Secretary may require the managers of a school that is not registered under section 35A to apply for its registration under that section if he or she considers that the school is operating as a school, whether or not certificates of exemption under section 21 are held in respect of all or any of the students being taught there.

Section 35B: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Criteria for registration as private school

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35C Criteria for registration as private school

The criteria for registration as a private school under section 35A are that the school—

(a)

has premises that are suitable, as described in section 35D; and

(b)

usually provides tuition for 9 or more students who are of or over the age of 5 years but are under the age of 16 years; and

(c)

has staffing that is suitable to the age range and level of its students, the curriculum taught at the school, and the size of the school; and

(d)

has equipment that is suitable for the curriculum being delivered or to be delivered at the school; and

(e)

has a curriculum for teaching, learning, and assessment and makes details of the curriculum and its programme for delivery available for parents; and

(f)

has suitable tuition standards, as described in section 35F; and

(g)

has managers who are fit and proper persons (as described in section 35G) to be managers of a private school; and

(h)

is a physically and emotionally safe place for students.

Section 35C: replaced, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35C(h): inserted, on 14 May 2019, by section 9 of the Education Amendment Act 2019 (2019 No 18).

35D Suitable premises

(1)

Suitable premises for a school registered under section 35A are premises that are suitable for a school of its description and the number of students at the school.

(2)

Subsection (1) applies to all premises used by the school for the regular delivery of courses, whether or not the managers of the school own or lease the premises for the school.

Section 35D: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35E Additional and substituted premises to be approved

(1)

The managers of a school registered under section 35A must, in the circumstances set out in subsection (2), notify the Secretary and obtain his or her approval before using new premises for the regular delivery of courses.

(2)

The circumstances are that the managers of the school propose that the school is to occupy—

(a)

premises that are in addition to its current premises; or

(b)

different premises that are to replace the premises currently occupied by the school.

(3)

When considering whether to grant approval of premises under subsection (1), the Secretary must consider whether the premises are suitable, as described in section 35D.

Section 35E: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35F Tuition standards

(1)

Tuition of a suitable standard at a school registered under section 35A must include giving students tuition of a standard no lower than that of the tuition given to students enrolled at State schools of the same class levels.

(2)

In assessing the standard of tuition, the mode of curriculum delivery and the regularity of instruction must be considered.

Section 35F: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35G Managers to be fit and proper persons

(1)

In assessing whether a person who is a manager of a school is a fit and proper person to be a manager of a school registered under section 35A, the following matters must be taken into account:

(a)

any conviction for a serious criminal activity:

(b)

any health problems that may affect the person’s ability to comply with his or her obligations towards the school and its students:

(c)

any adjudication of bankruptcy under the Insolvency Act 2006 or the Insolvency Act 1967, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993:

(d)

any previous cancellation under this Act or section 186 of the Education Act 1964 of the registration of a school of which the person was a manager:

(e)

any serious breach of the person’s statutory duties as manager of a school registered under section 35A of this Act or section 186 of the Education Act 1964:

(f)

any conviction for an offence under section 35R:

(g)

all other relevant matters.

(2)

If the manager of a school is—

(a)

a company, the assessment under subsection (1) applies to its directors:

(b)

an incorporated society or an incorporated trust board, the assessment under subsection (1) applies to its members.

(3)

When the management of a school registered under section 35A changes in its entirety or is transferred to a new entity, the new managers must give notice to the Secretary and an assessment under subsection (1) must be made of the new managers of the school.

Section 35G: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Statement of National Education and Learning Priorities

Heading: inserted, on 19 May 2017, by section 35 of the Education (Update) Amendment Act 2017 (2017 No 20).

35GA Manager must have regard to statement of National Education and Learning Priorities

The manager of a school registered under section 35A must,—

(a)

in operating the school, have regard to any statement of National Education and Learning Priorities; and

(b)

ensure that, in developing and delivering the curriculum, the school’s principal and staff have regard to any statement of National Education and Learning Priorities.

Section 35GA: inserted, on 19 May 2017, by section 35 of the Education (Update) Amendment Act 2017 (2017 No 20).

Managers to advise Secretary of private school ceasing operation

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35H Managers must advise Secretary of school ceasing operation

The managers of a school registered under section 35A that is about to cease to operate as a school must inform the Secretary—

(a)

that the school will cease to operate as a school; and

(b)

of the date on which the school will cease to operate as a school.

Section 35H: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Review of private schools registered under section 35A

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35I Review of schools registered under section 35A

(1)

As soon as practicable after provisionally registering a school or proposed school under section 35A(2), the Secretary must inform the Chief Review Officer of the provisional registration.

(2)

The Chief Review Officer must ensure that a review officer reviews any school that is provisionally registered under section 35A(2) either—

(a)

between 6 and 12 months after the provisional registration of the school or proposed school; or

(b)

earlier, by agreement with its managers.

(3)

The Chief Review Officer must ensure that a review officer conducts a further review of a school that has had its provisional registration renewed under section 35A(4), when the further review is requested by the Secretary under section 35A(5).

(4)

The Chief Review Officer must ensure that a review officer who conducts a review under subsection (2) or (3) prepares a written report in relation to the review and gives copies of it to the Secretary and the school’s manager.

(5)

The Chief Review Officer must ensure that a school, while registered under section 35A(6), is reviewed in accordance with Part 28.

(6)

The Chief Review Officer must also ensure that the review officer who conducts a review under subsection (5)—

(a)

prepares a written report on the review; and

(b)

gives copies of it to the Secretary and the school’s principal (or other chief executive) and managers.

(7)

A review officer’s written report on a review under this section must also include—

(a)

information as to whether the school meets the criteria for registration as a private school; and

(b)

information as to the areas in which improvement is required, if it does not meet the criteria.

Section 35I: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Actions by Secretary in regard to schools registered under section 35A

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35J Secretary’s actions in regard to schools registered under section 35A

(1)

The Secretary may take action in regard to a school registered under section 35A if—

(a)

he or she considers that the school is not meeting all or any of the criteria for registration as a private school; or

(b)

a review conducted under section 35I indicates that the school does not, or is not likely to, meet all or any of the criteria for registration as a private school; or

(c)

the managers of the school have breached or are breaching their statutory duties in relation to the school under this or any other enactment; or

(d)

he or she has reasonable grounds to believe that serious criminal activity is occurring in the school.

(2)

If the Secretary is satisfied that any 1 or more of the grounds set out in subsection (1) exist in relation to a school registered under section 35A, he or she may do any 1 or more of the following:

(a)

issue the school’s managers with a notice to comply:

(b)

require the managers of a school to inform parents of the students at the school that the school is not meeting the criteria for registration as a private school:

(c)

impose conditions on the school’s registration:

(d)

impose a requirement or requirements under any 1 or more of paragraphs (a) to (c), and suspend the school’s registration:

(e)

cancel the school’s registration under section 35M.

(3)

Any action taken by the Secretary under subsection (2)—

(a)

must be proportionate to the seriousness of the school’s situation; and

(b)

is in addition to any fine incurred or other penalty imposed under section 35R or under any other enactment.

Section 35J: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35K Suspension of registration if welfare of students may be at risk

[Repealed]

Section 35K: repealed, on 14 May 2019, by section 10 of the Education Amendment Act 2019 (2019 No 18).

35L Duration of suspension

(1)

Suspension under section 35J(2)(d) continues until the Secretary—

(a)

is satisfied that the managers of the school have complied with all requirements imposed by him or her under any of paragraphs (a) to (c) of section 35J(2); or

(b)

cancels the school’s registration under section 35M.

(2)

[Repealed]

Section 35L: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35L(2): repealed, on 14 May 2019, by section 11 of the Education Amendment Act 2019 (2019 No 18).

35M Process for cancellation of registration

(1)

The Secretary may cancel the registration of a school if, following an action by him or her taken under any of paragraphs (a) to (d) of section 35J(2),—

(a)

the school—

(i)

does not improve sufficiently to meet the criteria for registration under section 35A; and

(ii)

is not likely to do so, in the opinion of the Secretary, within a further reasonable time; or

(b)

the managers of the school are continuing in breach of their statutory duties in relation to the school; or

(c)

serious criminal activity continues to occur in the school.

(2)

Before cancelling a school’s registration under subsection (1), the Secretary must—

(a)

take reasonable steps to obtain and consider any relevant information, including any report by a review officer; and

(b)

give written notice to the managers of the school that he or she is considering cancelling the school’s registration, and give reasons; and

(c)

give the managers of the school a reasonable opportunity to respond to the notice.

Section 35M: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Grants for private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35N Grants for private schools

(1)

The Minister may make grants to the managers of schools registered under section 35A out of money appropriated by Parliament for the purpose.

(2)

The Minister must determine the amount of each grant made under subsection (1).

(3)

A grant may be made unconditionally, or subject to conditions determined by the Minister.

(4)

The managers of a school to which a grant is made subject to conditions must take all reasonable steps to ensure that the conditions are complied with.

Section 35N: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35O Record-keeping in relation to grants to private schools

(1)

The managers of a school to which a grant has been made unconditionally under section 35N must ensure that records are kept—

(a)

in respect of the year in which the grant was made and the year after; and

(b)

in a manner approved by the Minister.

(2)

The records must—

(a)

show fully and correctly all the managers’ financial transactions, assets, liabilities, and funds; and

(b)

be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.

(3)

The managers of a school to which a grant under section 35N has been made subject to conditions must ensure that all necessary records are kept—

(a)

in respect of the year in which the grant was made and the year after; and

(b)

in a manner approved by the Minister.

(4)

The records must—

(a)

show fully and fairly—

(i)

any of the managers’ financial transactions, assets, liabilities, and funds, that relate to or are or were affected by the making of the grants; and

(ii)

that the conditions have been complied with; and

(b)

be available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.

(5)

For the purposes of this section and section 35P, the financial year of a school’s managers ends—

(a)

at the close of the day specified by the Minister for the purpose; or

(b)

at the close of 30 June, if the Minister has not specified a day for the purpose.

Section 35O: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35P Providing accounts to Secretary

As soon as practicable after the end of each financial year during which a school’s managers are required by section 35O to keep records, they must—

(a)

have prepared an income and expenditure account, showing all financial transactions for the year records of which are required to be kept; and

(b)

have the account audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013); and

(c)

give the Secretary copies of the account and the audit report on it.

Section 35P: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35P(b): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).

Suspensions and expulsions from private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35Q Suspensions and expulsions of students from private schools to be notified to Secretary

(1)

Immediately after a student has been suspended from attendance at, or expelled from, a school registered under section 35A, the school’s principal or head teacher must give the Secretary—

(a)

written notice of—

(i)

the student’s name and last known address; and

(ii)

the day on which the student was suspended or expelled or, if the student was first suspended and later expelled, the days on which the student was suspended and expelled, and the length of the suspension; and

(b)

a written statement of the reasons for the student’s suspension or expulsion.

(2)

Unless the student is within a reasonable time reinstated at the school or enrolled at some other registered school, the Secretary must (if the student is younger than 16) and may (if the student is 16 or older)—

(a)

arrange for the student to be enrolled at some other reasonably convenient registered school that the student can attend; or

(b)

direct the board of a State school that is not a State integrated school to enrol the student at the school; and, in that case, the board must do so; or

(c)

direct a parent of the student to have the student enrolled at a correspondence school.

(3)

The Secretary must not give a direction under subsection (2) unless he or she has also made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(4)

A direction under subsection (2)(b) overrides section 11M.

(5)

To the extent that there is any inconsistency between this section and a contract of enrolment at the school, this section prevails.

Section 35Q: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35Q(2)(b): amended, on 19 May 2017, by section 36(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Offences in relation to private schools

Heading: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

35R Offences in relation to operation of private schools

(1)

A manager of a private school that is not registered under section 35A commits an offence if it operates as a school.

(2)

A manager of a private school that is registered under section 35A as a school of a particular description or descriptions commits an offence if the school operates as a school of another description or of other descriptions.

(3)

The managers of a private school that is registered under section 35A commit an offence if the school ceases to operate before the managers tell the Secretary that it will cease to operate.

(4)

A person who commits an offence under this section is liable on conviction to a fine not exceeding $200 for every day or part of a day on which the offence took place.

Section 35R: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 35R(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Powers of entry and inspection

Heading: inserted, on 19 May 2017, by section 37 of the Education (Update) Amendment Act 2017 (2017 No 20).

35S Entry where private school suspected of being unregistered

(1)

A person who holds an authorisation under section 78A(2), and who has reasonable cause to believe that any premises are being used as a private school in contravention of section 35R, may apply for a warrant to enter the premises.

(2)

An application for a warrant must be in writing, on oath, and be made to a District Court Judge, Justice of the Peace, or Registrar or Deputy Registrar of any court.

(3)

A warrant may be issued on an application under subsection (1) if the person issuing it is satisfied that there is reasonable cause to believe that the premises are being used as a private school in contravention of section 35R.

(4)

A warrant issued under subsection (3) must contain—

(a)

a reference to this section; and

(b)

the full name of the person authorised; and

(c)

a description of the premises concerned; and

(d)

the date on which it was issued and the date on which it expires.

(5)

A warrant issued under subsection (3) must authorise the person named in it, at any reasonable time within 4 weeks of the date on which it is issued, to enter and inspect the premises described in the warrant to ascertain whether those premises are being used as a private school in contravention of section 35R.

(6)

A person acting under a warrant under subsection (3) must retain the warrant and must show it, along with evidence of identity, to the occupier of the premises concerned—

(a)

on first entering the premises; and

(b)

whenever subsequently reasonably required to do so by that occupier.

Compare: 1989 No 80 s 78B

Section 35S: inserted, on 19 May 2017, by section 37 of the Education (Update) Amendment Act 2017 (2017 No 20).

Part 4 Specialist Education Services Board

[Repealed]

Part 4: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

36 Interpretation

[Repealed]

Section 36: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

37 Board continued for purposes of this Part

[Repealed]

Section 37: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

38 Membership of Board

[Repealed]

Section 38: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

39 Function of Board

[Repealed]

Section 39: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

40 Board responsible to Minister

[Repealed]

Section 40: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

41 Powers of Board

[Repealed]

Section 41: repealed, on 28 February 2002, by section 86(2) of the Education Standards Act 2001 (2001 No 88).

Part 5 Early Childhood Development Board

[Repealed]

Part 5: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

42 Interpretation

[Repealed]

Section 42: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

43 Board continued for purposes of this Part

[Repealed]

Section 43: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

44 Membership of Board

[Repealed]

Section 44: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

45 Function of Board

[Repealed]

Section 45: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

46 Board responsible to Minister

[Repealed]

Section 46: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

47 Powers of Board

[Repealed]

Section 47: repealed, on 6 April 2004, by section 5(2) of the Education (Disestablishment of Early Childhood Development Board) Amendment Act 2004 (2004 No 14).

Part 6 Parent Advocacy Council

[Repealed]

Part 6: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

48 Interpretation

[Repealed]

Section 48: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

49 Parent Advocacy Council

[Repealed]

Section 49: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

50 Membership of Council

[Repealed]

Section 50: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

51 Criteria for appointing members

[Repealed]

Section 51: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

52 Function of Council

[Repealed]

Section 52: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

53 Council may refuse to act in certain cases

[Repealed]

Section 53: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

54 Powers of Council

[Repealed]

Section 54: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

55 Procedure where Council takes matter up

[Repealed]

Section 55: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

56 Council may decide not to proceed with matter

[Repealed]

Section 56: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

57 Council to give reasons

[Repealed]

Section 57: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

58 Procedure where matter deserves action

[Repealed]

Section 58: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

59 Power to obtain information

[Repealed]

Section 59: repealed, on 1 October 1991, by section 2(3)(a) of the Education Amendment Act (No 2) 1991 (1991 No 90).

Part 7 Control and management of State schools

60 Interpretation

In this Part, Part 7A, and Part 8, unless the context otherwise requires,—

board means a board of trustees constituted under Part 9; and

(a)

in relation to a school, means the school’s board; and

(b)

in relation to a principal, means the board of the principal’s school

charter means a charter of aims, purposes, and objectives that has been approved for a school under this Part; and, in relation to a school, means the school’s charter (or, where it has no charter in fact, the charter it is deemed by section 61(12) to have)

community of learning means a community of learning approved by the Minister in accordance with section 71C

half-day, in relation to a school, means a period of 2 hours or more during which the school is open for instruction

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

parent means a parent within the meaning of section 92

school means a State school within the meaning of section 2

Secretary means the chief executive of the Ministry

unsupervised access to students, in relation to a school, means access to any student on the school’s premises that is not access by, or supervised by, or otherwise observed by, or able to be directed (if necessary) by, any 1 or more of the following:

(a)

a registered teacher or holder of a limited authority to teach:

(b)

an employee of the school on whom a satisfactory Police vet has been conducted within the last 3 years:

(c)

a parent of the student.

Section 60: amended, on 20 May 2010, by section 16(1) of the Education Amendment Act 2010 (2010 No 25).

Section 60 assisted student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 board paragraph (a): amended, on 20 May 2010, by section 16(2) of the Education Amendment Act 2010 (2010 No 25).

Section 60 board staff: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 Chief Review Officer: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 community of learning: inserted, on 19 May 2017, by section 39(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 domestic student: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 exempt student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 foreign student: repealed, on 30 August 2011, by section 15(1) of the Education Amendment Act 2011 (2011 No 66).

Section 60 half-day: inserted, on 29 October 2016, by section 6 of the Education Legislation Act 2016 (2016 No 72).

Section 60 international student: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 Minister: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 Ministry: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 national curriculum objective: repealed, on 1 January 1992, by section 9(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 national education guidelines: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 review officer: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 Secretary: inserted, on 1 January 1992, by section 2(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60 Teachers Council: repealed, on 19 May 2017, by section 39(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60 unsupervised access to students: inserted, on 20 May 2010, by section 16(5) of the Education Amendment Act 2010 (2010 No 25).

Curriculum and performance

Heading: inserted, on 19 May 2017, by section 40 of the Education (Update) Amendment Act 2017 (2017 No 20).

60A Curriculum statements and national performance measures

(1)

The Minister may from time to time, by notice in the Gazette, publish (in their entirety, or by way of a general description and an indication of where the full text can be obtained) all or any of the following:

(a)

national education goals, which are—

(i)

statements of desirable achievements by the school system, or by an element of the school system; and

(ii)

statements of government policy objectives for the school system:

(aa)

foundation curriculum policy statements, which are statements of policy concerning teaching, learning, and assessment that are made for the purposes of underpinning and giving direction to—

(i)

the way in which curriculum and assessment responsibilities are to be managed in schools:

(ii)

national curriculum statements and locally developed curriculum:

(b)

national curriculum statements, which are statements of—

(i)

the areas of knowledge and understanding to be covered by students; and

(ii)

the skills to be developed by students; and

(iii)

desirable levels of knowledge, understanding, and skill, to be achieved by students,—

during the years of schooling:

(ba)

[Repealed]

(c)

national administration guidelines, which are guidelines relating to school administration and which may (without limitation)—

(i)

set out statements of desirable codes or principles of conduct or administration for specified kinds or descriptions of person or body, including guidelines for the purpose of section 61:

(ii)

set out requirements relating to planning and reporting including—

(A)

scope and content areas, where appropriate:

(B)

the timeframe for the annual update of the school charter:

(C)

broad requirements relating to schools’ consultation with parents, staff, school proprietors (in the case of integrated schools) and school communities, and the broad requirements to ensure that boards take all reasonable steps to discover and consider the views and concerns of Maori communities living in the geographical area the school serves, in the development of a school charter:

(D)

variations from the framework for school planning and reporting for certain schools or classes of schools, based on school performance:

(iii)

communicate the Government’s policy objectives:

(iv)

set out transitional provisions for the purposes of national administration guidelines.

(2)

Without limiting the generality of subsection (1), a notice relating to a national curriculum statement may—

(a)

specify different commencement dates for different provisions or different purposes, which dates may differ according to the class or designation of a school, the group or year level of students attending a school, or any combination of such classes, designations, groups, or levels:

(b)

specify a transitional period during which a board may elect to comply with an existing curriculum statement or the new curriculum statement, and specify a date on which a board must begin complying with the new curriculum statement.

(c)

[Repealed]

Section 60A: inserted, on 1 January 1992, by section 9(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 60A heading: replaced, on 19 May 2017, by section 41(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60A(1): amended, on 25 June 1993, by section 7 of the Education Amendment Act 1993 (1993 No 51).

Section 60A(1)(a): replaced, on 25 October 2001, by section 12(1) of the Education Standards Act 2001 (2001 No 88).

Section 60A(1)(aa): inserted, on 19 December 1998, by section 19(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 60A(1)(b): amended, on 19 May 2017, by section 41(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60A(1)(b): amended, on 19 May 2017, by section 41(4) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 60A(1)(ba): repealed, on 24 October 2018, by section 4 of the Education Amendment Act 2018 (2018 No 40).

Section 60A(1)(c): replaced, on 25 October 2001, by section 12(2) of the Education Standards Act 2001 (2001 No 88).

Section 60A(1)(c)(i): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).

Section 60A(2): inserted, on 19 December 1998, by section 19(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 60A(2)(c): repealed, on 19 May 2017, by section 41(6) of the Education (Update) Amendment Act 2017 (2017 No 20).

60B Consultation about treatment of health curriculum

(1)

The board of every State school must, at least once in every 2 years, and after consultation with the school community, adopt a statement on the delivery of the health curriculum.

(2)

In this section,—

school community means,—

(a)

in the case of a State integrated school, the parents of students enrolled at the school, and the school’s proprietors:

(b)

in the case of any other State school, the parents of students enrolled at the school:

(c)

in every case, any other person whom the board considers is part of the school community for the purpose of this section

statement on the delivery of the health curriculum means a written statement of how the school will implement the health education components of the relevant national curriculum statements.

(3)

The purpose of the consultation required by subsection (1) is to—

(a)

inform the school community about the content of the health curriculum; and

(b)

ascertain the wishes of the school community regarding the way in which the health curriculum should be implemented, given the views, beliefs, and customs of the members of that community; and

(c)

determine, in broad terms, the health education needs of the students at the school.

(4)

A board may adopt any method of consultation that it considers will best achieve the purpose set out in subsection (3), but it may not adopt a statement on the delivery of the health curriculum until it has—

(a)

prepared the statement in draft; and

(b)

given members of the school community an adequate opportunity to comment on the draft statement; and

(c)

considered any comments received.

Section 60B: inserted, on 25 October 2001, by section 13(1) of the Education Standards Act 2001 (2001 No 88).

Section 60B school community paragraph (a): amended, on 19 May 2017, by section 42 of the Education (Update) Amendment Act 2017 (2017 No 20).

61 School charter

(1)

Every board must, for each school it administers, prepare and maintain a school charter.

(2)

The purpose of a school charter is to establish the mission, aims, objectives, directions, and targets of the board that will give effect to the Government’s national education guidelines and the board’s priorities, and provide a base against which the board’s actual performance can later be assessed.

(3)

A school charter must contain the following sections:

(a)

a section that includes—

(i)

the aim of developing, for the school, policies and practices that reflect New Zealand’s cultural diversity and the unique position of the Maori culture; and

(ii)

the aim of ensuring that all reasonable steps are taken to provide instruction in tikanga Maori (Maori culture) and te reo Maori (the Maori language) for full-time students whose parents ask for it:

(b)

a long-term strategic planning section that—

(i)

establishes the board’s aims and purposes; and

(ii)

establishes for the next 3 to 5 years the board’s aims, objectives, directions, and priorities for intended student outcomes, the school’s performance, and use of resources; and

(iii)

includes any aims or objectives that designate the school’s special characteristics or its special character (within the meaning of this Act):

(c)

an annually updated section that—

(i)

establishes for the relevant year the board’s aims, directions, objectives, priorities, and targets relating to intended student outcomes, the school’s performance, and use of resources; and

(ii)

sets targets for the key activities and achievement of objectives for the year.

(4)

A school charter must include the board’s aims, objectives, directions, priorities, and targets in the following categories:

(a)

student achievement:

(b)

the board’s activities aimed at meeting both general government policy objectives for all schools, being policy objectives set out or referred to in national education guidelines, and specific policy objectives applying to that school:

(c)

the management of the school’s and board’s capability, resources, assets, and liabilities, including its human resources, finances, property, and other ownership matters:

(d)

other matters of interest to the public that the Minister may determine.

(5)

A school charter must—

(a)

contain all annual or long-term plans the board is required to have or has prepared for its own purposes; or

(b)

contain a summary of each plan or a reference to it.

Section 61: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 61(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 61(4)(a): amended, on 24 October 2018, by section 5 of the Education Amendment Act 2018 (2018 No 40).

62 Procedural requirements of preparing or updating school charter

(1)

The board must provide the Secretary with a copy of its first school charter and every updated or amended school charter.

(2)

A school charter must be prepared and updated annually in accordance with national administration guidelines.

(3)

A board must amend its school charter as soon as practicable after it becomes aware of any information contained in the charter that is false or misleading in a material particular.

Section 62: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 62(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 62(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 62(3): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

63 Effect of school charter

A school charter has effect as an undertaking by the board to the Minister to take all reasonable steps (not inconsistent with any enactment, or the general law of New Zealand) to ensure that—

(a)

the school is managed, organised, conducted, and administered for the purposes set out in the school charter; and

(b)

the school, and its students and community, achieve the aims and objectives set out in the school charter.

Section 63: replaced, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

Section 63(a): amended, on 17 May 2006, by section 6 of the Education Amendment Act 2006 (2006 No 19).

63A When school charter or updated charter takes effect

(1)

When the Secretary receives a school charter or updated school charter, the Secretary must consider whether the charter has been developed or updated in accordance with the requirements of this Act and the national administration guidelines.

(2)

Unless it takes effect on a different date under subsection (5), a new or updated school charter takes effect on the 25th working day after the date that the Secretary receives it.

(3)

If, before the first or updated school charter takes effect, the Secretary determines that it was not developed or updated in accordance with the Act or is inconsistent with the Act or the national administration guidelines, the Secretary must notify the board of the matters in the school charter to be resolved.

(4)

The Secretary must then negotiate with the board to resolve the matters concerned and, if the board and the Secretary are unable to reach agreement about the content of the school charter or updated school charter, the Secretary may require the board to amend the charter or updated charter.

(5)

If the Secretary issues a notice under subsection (3), the school charter or updated charter takes effect—

(a)

on the date agreed by the Secretary and the board; or

(b)

on the date the Secretary determines to be the commencement date for his or her amendments.

Section 63A: inserted, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

63B Board must make copies of school charter available

Once a school charter or updated school charter takes effect, the board must make the charter available.

Section 63B: inserted, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

64 Effect of charter

[Repealed]

Section 64: repealed, on 25 October 2001, by section 14 of the Education Standards Act 2001 (2001 No 88).

64A Secretary may require board to get specialist support

[Repealed]

Section 64A: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).

65 Staff

[Repealed]

Section 65: repealed, on 19 May 2017, by section 44 of the Education (Update) Amendment Act 2017 (2017 No 20).

65A Length of school year

(1)

The Minister may, before 1 July in any year, prescribe the number of half-days on which schools must be open during the next year; and different numbers may be prescribed for schools of different classes or descriptions.

(2)

Except as provided in this Act, every board shall ensure that each school it administers is in every year open for instruction on the number of half-days required under subsection (1).

(2A)

If, because of a strike or lockout, a school is not open for instruction on any half-day, the school is, for the purposes of subsection (2), deemed to be open for instruction on that half-day.

(3)

Where the Minister has not in fact prescribed for a school a number under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the number prescribed (or deemed under this subsection to have been prescribed) for the school for the year before.

Section 65A: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65A(2): amended, on 20 May 2010, by section 17 of the Education Amendment Act 2010 (2010 No 25).

Section 65A(2A): inserted, on 6 April 2004, by section 6 of the State Sector Amendment Act 2004 (2004 No 15).

65B Terms

(1)

The Minister may, before 1 July in any year, prescribe (by reference to specific dates, specified days, the number of half-days prescribed under section 65A, or any 2 or more of those means)—

(a)

the terms that schools must observe during the next year; or

(b)

a means for ascertaining or determining those terms.

(2)

Every board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms prescribed, ascertained, or determined under subsection (1).

(3)

However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—

(a)

has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected, about the proposed variation and it is generally acceptable; and

(b)

is satisfied that the adoption of the proposal will not result in the students of the school spending less time in school than other students in comparable schools and other local schools; and

(c)

has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.

(3A)

A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subsection (3)(a) if—

(a)

the variation is made for operational reasons; and

(b)

the variation applies for no more than 2 days; and

(c)

the board has not made a variation under this subsection during the previous 6 weeks.

(3B)

A student enrolled at a State school must comply with section 25 even if the school’s board varies the time of any 1 or more half-days.

(3C)

On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

(3D)

To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days prescribed by the Minister under section 65A(1).

(4)

Where the Minister has not in fact prescribed terms, or a means of ascertaining or determining them, under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the terms or means prescribed (or deemed under this subsection to have been prescribed) in respect of the year before.

Section 65B: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65B(1): amended, on 20 May 2010, by section 18 of the Education Amendment Act 2010 (2010 No 25).

Section 65B(2): replaced, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3): replaced, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3A): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3B): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3C): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

Section 65B(3D): inserted, on 29 October 2016, by section 8 of the Education Legislation Act 2016 (2016 No 72).

65C Holidays

(1)

Subject to subsection (2), every board must ensure that every school it administers is closed on—

(a)

Saturdays, Sundays, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Sovereign’s birthday, Labour Day, Christmas Day, Boxing Day; and

(b)

the day observed as anniversary day in the locality in which the school is situated; and

(c)

if 1 January falls on a Friday, the following Monday; and

(d)

if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

(2)

The Minister may at any time prescribe the circumstances in which boards may open the schools they administer or any of them on Saturdays or Sundays; and schools may be open accordingly.

(3)

The Minister may, before 1 July in any year, prescribe days during the next year (in addition to those specified in subsection (1)) on which boards may close the schools they administer, or any of them; and, subject to section 65A, schools may be closed accordingly.

(4)

Where the Minister has not in fact prescribed days under subsection (1) in respect of any year, the Minister shall be deemed to have prescribed in respect of the year the days prescribed (or deemed under this subsection to have been prescribed) in respect of the year before.

(5)

The Minister may at any time prescribe the circumstances in which boards may close the schools they administer or any of them; and, subject to section 65A, schools may be closed accordingly.

Section 65C: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65C(1): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

65D Exceptions in particular cases

(1)

The Minister may authorise a board to open any specified school it administers for fewer half-days in any year than required by section 65A(2); and schools may be closed accordingly.

(2)

The Minister may authorise a board to open and close any specified school it administers in accordance with terms and holidays (specified by the Minister) that differ from those otherwise required by this Act to be observed; and, subject to any terms and conditions specified by the Minister when giving the authority, schools may be open and closed accordingly.

(3)

[Repealed]

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

Section 65D: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

Section 65D(3): repealed, on 29 October 2016, by section 9 of the Education Legislation Act 2016 (2016 No 72).

Section 65D(4): repealed, on 29 October 2016, by section 9 of the Education Legislation Act 2016 (2016 No 72).

Section 65D(5): repealed, on 29 October 2016, by section 9 of the Education Legislation Act 2016 (2016 No 72).

Section 65D(6): repealed, on 29 October 2016, by section 9 of the Education Legislation Act 2016 (2016 No 72).

65DA Multiple timetable arrangements

(1)

The Minister may authorise a board to run a multiple timetable arrangement for a specified period at a specified school if—

(a)

the Minister is satisfied that the board has adequately consulted parents, staff, and the local community about the proposed multiple timetable arrangement; and

(b)

the Minister considers that the proposed multiple timetable arrangement is appropriate in the circumstances.

(2)

An authorisation under subsection (1) must be given either unconditionally or subject to any conditions that the Minister considers appropriate.

(3)

A board must take all reasonable steps to notify every affected student and his or her parents in writing of—

(a)

a multiple timetable arrangement authorised under subsection (1); and

(b)

the time periods for each day during which the affected student’s timetable will run.

(4)

In this section, affected student and multiple timetable arrangement have the meanings given by section 25(8).

Section 65DA: inserted, on 13 June 2013, by section 15 of the Education Amendment Act 2013 (2013 No 34).

65E Emergencies

(1)

Notwithstanding anything in this Part, a board may at any time, because of epidemic, flood, fire, or other emergency, close a school it administers.

(2)

If satisfied that the closure for instruction of any school during any period during which it was otherwise required by this Part to be open was necessary because of epidemic, flood, fire, or other emergency, the Secretary may, by written notice to the board, reduce the number of half-days for which the school would otherwise be required by section 65A to be open for instruction; and the school may be open and closed for instruction accordingly.

Section 65E: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

65F Application of provisions

(1)

The powers conferred on the Minister by sections 65A to 65E may be exercised in respect of all schools, schools of a particular class or description, or specified schools.

(2)

Sections 65A to 65E shall have effect as if special schools, special classes, special clinics, and special services are State schools.

Section 65F: inserted, on 23 July 1990, by section 17(1) of the Education Amendment Act 1990 (1990 No 60).

65G Minister to act by means of instructions

(1)

Except as provided in subsection (2), the powers of the Minister under sections 65A to 65F shall be exercised only by written instruction signed by the Minister.

(2)

The Minister may delegate to the Secretary the Minister’s powers under section 65D(2); but if the Minister does so—

(a)

the Secretary shall exercise the powers in respect of individual schools only; and

(b)

the delegation shall not limit or affect the exercise of the powers by the Minister.

Section 65G: replaced, on 1 January 1992, by section 11 of the Education Amendment Act (No 4) 1991 (1991 No 136).

65H Application of Crown Entities Act 2004

[Repealed]

Section 65H: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

66 Delegations

[Repealed]

Section 66: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

66A No delegation of power to borrow

[Repealed]

Section 66A: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

66B Application of new acquisition of securities, borrowing, guarantees, indemnities, and derivative transactions rules

[Repealed]

Section 66B: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

67 Restrictions on borrowing

[Repealed]

Section 67: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

67A Restrictions on giving of guarantees and indemnities

[Repealed]

Section 67A: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

67B Restrictions on use of derivatives

[Repealed]

Section 67A: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

68 Gifts

[Repealed]

Section 68: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

69 Real property

[Repealed]

Section 69: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

70 Occupancy of property and buildings

[Repealed]

Section 70: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

70A Minister may declare land to be no longer needed for educational purposes

[Repealed]

Section 70A: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).

70B Leases and licences granted by boards

[Repealed]

Section 70B: repealed, on 19 May 2017, by section 45 of the Edu

List of access keys

Education Act 1989

Education Act 1989

Note

Contents

1 Short Title and commencement

Part 1AA Early childhood and compulsory education: statement of National Education and Learning Priorities

1A Minister may issue statement of National Education and Learning Priorities

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(i)

(ii)

(iii)

(iv)

(c)

(i)

(ii)

(iii)

(iv)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(a)

(b)

Part 1 Rights to primary and secondary education

2 Interpretation

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(a)

(b)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(a)

(b)

(i)

(ii)

(iii)

(a)

(b)

(c)

2A Transitional, savings, and related provisions

3 Right to free primary and secondary education

3A Restriction on attendance at certain schools

4 Enrolment of international students

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

4A Certain international students may enrol at State schools as of right

(a)