Education Act 1989
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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Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).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.
Contents
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[Repealed](c)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remains in effect for a period of 5 years unless earlier withdrawn or replaced by notice in the Gazette; and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
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)
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)
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.
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.
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).
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.
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.
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)
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 subsection (1)(a) to (c).
(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)
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.
(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 Education (Update) Amendment Act 2017 (2017 No 20).
70C Other agreements to occupy school land or buildings
[Repealed]Section 70C: repealed, on 19 May 2017, by section 45 of the Education (Update) Amendment Act 2017 (2017 No 20).
71 Courses, work experience, and visits outside school premises
(1)
Except as provided in this section, a board may authorise any students to—
(a)
undertake courses of education; or
(b)
obtain work experience; or
(c)
make visits;—
outside the school premises; and where the board has done so, a student shall be deemed to be attending the school while undertaking the course, obtaining the experience, or making the visit.
(2)
Except in accordance with conditions for the time being prescribed by the Minister in that behalf by notice in the Gazette no principal, teacher, or occupier of a workplace shall allow a student to go into, or remain in, a workplace to get work experience.
(3)
Subject to subsection (4), a student who is in a workplace (other than an undertaking within the meaning of the Factories and Commercial Premises Act 1981) to get work experience is deemed to be employed there; and every enactment, and collective agreement, (to the extent that it relates to the safety, health, and welfare of workers) applies to the student and the occupier of the workplace accordingly.
(4)
Subsection (3) does not—
(a)
entitle a student to be paid; or
(b)
require a student to join or belong to a union; or
(c)
entitle a student to enter or remain in a workplace; or
(d)
require any person to pay any levy, fee, or charge, of any kind.
Compare: 1964 No 135 s 117A
Section 71 heading: replaced, on 19 May 2017, by section 46 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 71(3): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
71A Off-site locations for schools
(1)
This section applies to the use of off-site locations by schools to provide education to 1 or more students on a long-term or full-time basis.
(2)
The Minister may, by written notice to the board of a school, approve the use of an off-site location by the school.
(3)
The Minister may issue a notice under subsection (2) only if he or she is satisfied that the board and the owner or occupier of the off-site location have both agreed to that use and the terms of that use.
(4)
Except as provided under this Act, a school must not—
(a)
use an off-site location; or
(b)
host an off-site location for another school.
(5)
In any case, following notice of approval being given and before any use is made of the off-site location, the board must enter into a written agreement with the Secretary that sets out—
(a)
who is responsible for the education provided at the off-site location:
(b)
who is responsible for the welfare and safety of the students at that location:
(c)
the terms agreed on any other matter the Secretary considers relevant in the particular case.
(6)
Off-site location means any premises outside the premises of the school that is to use the off-site location for the purpose described in subsection (1).
Section 71A: inserted, on 19 May 2017, by section 47 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 71A(4): amended, on 24 October 2018, by section 6 of the Education Amendment Act 2018 (2018 No 40).
Land no longer needed for educational purposes
Heading: inserted, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
71B Minister may declare land to be no longer needed for educational purposes
(1)
The Minister may, by notice in the Gazette, declare any land of the Crown to be no longer needed for educational purposes.
(2)
On publication of a notice under subsection (1), any land referred to in the notice that was, immediately before publication of the notice, held for a purpose set out in subsection (3), ceases to be held and may be disposed of as land no longer required for a public work.
(3)
Subsection (2) applies to land held—
(a)
for education or educational purposes; or
(b)
for, or for the purposes of, a school or other educational institution (whether or not any particular school or institution); or
(c)
for any purpose related to or connected with a school or other educational institution (whether or not any particular school or institution); or
(d)
for any similar purpose.
Section 71B: inserted, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
Communities of learning
Heading: inserted, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
71C Community of learning approved by Minister
(1)
The Minister may approve a community of learning for the purpose of the community entering an agreement under section 72.
(2)
A community of learning must consist of a group of 2 or more State or State integrated schools but may also include 1 or more of the following:
(a)
licensed early childhood services (as defined in section 309):
(b)
certificated playgroups:
(c)
tertiary education organisations (which has the same meaning as organisation in section 159B(1)).
(3)
The Minister may approve a community of learning only if the Minister is satisfied that—
(a)
the purpose of the group is to come together for the purpose of raising achievement for children and young people; and
(b)
the membership of the group that will form the community is appropriate having regard to that purpose.
Section 71C: inserted, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
72 Secretary may enter agreement with community of learning
(1)
The Secretary and the members of a community of learning approved by the Minister may enter a community of learning agreement.
(2)
The matters that a community of learning agreement may provide for include (without limitation) any or all of the following:
(a)
the activities that the community of learning will undertake:
(b)
the commitments of individual members of the group in carrying out the activities:
(c)
any resources that may be provided to carry out the activities:
(d)
any data collection requirements related to the activities:
(e)
the format and content of the plans and annual reports required under sections 73 and 74.
(3)
Each member is jointly and severally liable for the obligations and responsibilities of the community of learning set out in the agreement.
(4)
A member that proposes to withdraw from a community of learning agreement must give the Secretary notice in writing of the withdrawal.
(5)
The Secretary must, by notice in the Gazette, list the members of each community of learning that have entered into a community of learning agreement with the Secretary and update the list to record any changes to membership of the community.
Section 72: replaced, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
73 Community of learning that has agreement with Secretary must also prepare plan
(1)
A community of learning that has a community of learning agreement with the Secretary must—
(a)
prepare and maintain a plan to cover a period agreed to by the Secretary; and
(b)
provide the Secretary with a copy of the plan.
(2)
The plan must have particular regard to any statement of National Education and Learning Priorities issued under section 1A.
(3)
A community of learning that changes a plan provided to the Secretary must provide the Secretary with a copy of the changed plan as soon as practicable.
Section 73: replaced, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
74 Report to Secretary by community of learning
A community of learning that has a community of learning agreement with the Secretary must report annually to the Secretary regarding—
(a)
its performance and progress in relation to the activities it has agreed to undertake; and
(b)
the use of any resources provided to or by the community of learning in accordance with the agreement to carry out the activities.
Section 74: replaced, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
75 Performance review of community of learning
The Chief Review Officer may review the performance of a community of learning under Part 28.
Section 75: replaced, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
Powers and functions of principals
Heading: inserted, on 19 May 2017, by section 48 of the Education (Update) Amendment Act 2017 (2017 No 20).
75A Appointment of principals
(1)
The powers conferred on a board by clause 6 of Schedule 6 include the power to appoint a principal.
(2)
Two or more boards may appoint 1 person to be the principal of 2 or more schools administered by the boards.
(3)
A combined board (as defined in section 92) may appoint 1 person to be the principal of 2 or more schools administered by the board.
Section 75A: inserted, on 29 October 2016, by section 10 of the Education Legislation Act 2016 (2016 No 72).
Section 75A(1): amended, on 24 October 2018, by section 7 of the Education Amendment Act 2018 (2018 No 40).
76 Role of principal
(1)
A school’s principal is the board’s chief executive in relation to the school’s control and management.
(2)
Except to the extent that any enactment, or the general law of New Zealand, provides otherwise, the principal—
(a)
shall comply with the board’s general policy directions; and
(b)
subject to paragraph (a), has complete discretion to manage as the principal thinks fit the school’s day-to-day administration.
Section 76 heading: replaced, on 29 October 2016, by section 11 of the Education Legislation Act 2016 (2016 No 72).
77 Guidance and counselling
The principal of a State school shall take all reasonable steps to ensure that—
(a)
students get good guidance and counselling; and
(ab)
students in form 1 and above are provided with appropriate career education and guidance that is designed to prepare them to join the workforce or undertake further education or training when they leave school; and
(b)
a student’s parents are told of matters that, in the principal’s opinion,—
(i)
are preventing or slowing the student’s progress through the school; or
(ii)
are harming the student’s relationships with teachers or other students.
Compare: 1964 No 135 s 193A
Section 77(ab): inserted, on 19 May 2017, by section 49 of the Education (Update) Amendment Act 2017 (2017 No 20).
77A Enrolment records
(1)
The principal of a registered school must ensure that an enrolment record in such form and containing such information as may be specified under subsection (3) is kept for each student who is enrolled at the school.
(2)
When a student moves from one registered school to another registered school, the principal of the first school must take reasonable steps to send the student’s enrolment record to the principal of the second school.
(3)
The Secretary may from time to time, by notice in the Gazette, make rules setting out administrative and procedural requirements relating to enrolment records, including (without limitation) rules—
(a)
setting out the duties of principals concerning enrolment records and the information contained in enrolment records:
(b)
requiring principals to inform students and parents about enrolment records and the use and distribution of enrolment records, and specifying the particulars about which students and parents are to be informed:
(c)
specifying the form and content of enrolment records:
(d)
specifying exceptions to particular requirements of the rules.
(4)
A principal of a registered school must comply with rules for the time being in force under subsection (3).
(5)
[Repealed](6)
[Repealed]Section 77A: inserted, on 19 December 1998, by section 23 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 77A(5): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 77A(6): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Regulations
Heading: inserted, on 19 May 2017, by section 50 of the Education (Update) Amendment Act 2017 (2017 No 20).
78 Regulations relating to control and management of schools
(1)
Subject to the provisions of this Act and any other enactment, the Governor-General may from time to time make regulations providing for the control, management, organisation, conduct, and administration of schools.
(2)
Different provision may be made for schools of different classes or descriptions.
(3)
Regulations made under this section may give powers to, or impose duties on, boards, principals, or both.
(4)
Regulations made under this section prescribing a course of study shall not restrict the method by or manner in which any subject forming part of the course is to be taught, except to the extent necessary to ensure that the teaching of the subject is consistent with the general aims of the course.
Powers of entry and inspection
Heading: inserted, on 19 May 2017, by section 51 of the Education (Update) Amendment Act 2017 (2017 No 20).
78A Powers of entry and inspection
(1)
Any person holding an authorisation under subsection (2) may, at any reasonable time,—
(a)
enter and inspect any registered school:
(b)
inspect, photocopy, print out, or copy onto disk any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the board, or manager of the school:
(c)
remove any document described in paragraph (b), whether in its original form or as an electronic or paper copy.
(1A)
If any original documents are removed from a school under subsection (1)(c), the person who removes the documents must—
(a)
leave at the school a list of the documents removed; and
(b)
return the documents, or a copy of them, to the school as soon as practicable unless to do so would prejudice any investigation being or to be carried out by the Ministry.
(2)
The Secretary may authorise in writing any person to exercise the powers in subsection (1).
(3)
Every written authorisation under subsection (2) shall contain—
(a)
a reference to this section; and
(b)
the full name of the person authorised; and
(c)
a statement of the powers conferred on that person by this section.
(4)
Every person exercising any power under subsection (1) shall possess the appropriate written authorisation, and evidence of identity, and shall produce them to the person in charge of the premises concerned (or, as the case may be, the person having possession or control of the books, records, or accounts concerned)—
(a)
on first entering the premises; and
(b)
whenever subsequently reasonably required to do so by the person in charge.
(5)
For the purposes of this section, inspection, in relation to any school, includes—
(a)
access to the written and recorded work of students enrolled there; and
(b)
meeting and talking with students enrolled there.
Section 78A: replaced, on 23 July 1990, by section 19(1) of the Education Amendment Act 1990 (1990 No 60).
Section 78A(1): replaced, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 78A(1)(b): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 78A(1)(b): amended, on 29 October 2016, by section 12 of the Education Legislation Act 2016 (2016 No 72).
Section 78A(1A): inserted, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 78A(2): replaced, on 19 December 1998, by section 24(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 78A(4): amended, on 19 December 1998, by section 24(2)(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 78A(4): amended, on 19 December 1998, by section 24(2)(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).
78B Entry where private school suspected of being unregistered
[Repealed]Section 78B: repealed, on 19 May 2017, by section 53 of the Education (Update) Amendment Act 2017 (2017 No 20).
Police vetting of non-teaching staff
Heading: inserted, on 19 May 2017, by section 54 of the Education (Update) Amendment Act 2017 (2017 No 20).
78C Police vetting of non-teaching and unregistered employees at schools
The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every person—
(a)
whom the board or the management appoints, or intends to appoint, to a position at the school; and
(b)
who is to work at the school during normal school hours; and
(c)
who is not a registered teacher or holder of a limited authority to teach.
Section 78C: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).
78CA Police vetting of contractors and their employees who work at schools
(1)
The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.
(2)
In this section, contractor means a person who, under contract (other than an employment contract), works at a school.
Section 78CA: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).
78CB Police vet must be obtained before person has unsupervised access to students
(1)
A Police vet required under section 78C or 78CA must be obtained before the person has, or is likely to have, unsupervised access to students at the school during normal school hours.
(2)
The board of a State school, or the management of a school registered under section 35A, that is required under section 78C to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the school.
Section 78CB: replaced, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).
78CC Further Police vets to be obtained under this Part every 3 years
(1)
The board of a State school, or the management of a school registered under section 35A, must obtain a further Police vet of every person on whom a Police vet has already been obtained under this Part by that board or management, as the case may be, and who still works at the school.
(2)
A further Police vet required under subsection (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.
(3)
The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 78C or 78CA would not be required if he or she were about to be appointed to a position at the school or to work at the school at the time that the further Police vet would otherwise be required.
Section 78CC: inserted, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).
78CD Procedures relating to Police vets
The board of a State school, or the management of a school registered under section 35A, that applies for a Police vet of a person—
(a)
must ensure that strict confidentiality is observed for Police vets; and
(b)
must not take adverse action in relation to a person who is the subject of a Police vet until—
(i)
the person has validated the information contained in the vet; or
(ii)
the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
Section 78CD: inserted, on 20 May 2010, by section 21 of the Education Amendment Act 2010 (2010 No 25).
Risk management schemes
Heading: inserted, on 19 May 2017, by section 55 of the Education (Update) Amendment Act 2017 (2017 No 20).
78D School risk management scheme
(1)
In this section, and in sections 78E and 78F,—
participating school board—
(a)
means the board of a State school; and
(b)
includes a commissioner appointed in place of a board; but
(c)
does not include a board of a State school or a commissioner if that party has been a participant but, with the Minister’s approval, has withdrawn from and is not for the time being a participant in a school risk management scheme
school risk management scheme means the school risk management scheme for the time being having effect under this section.
(2)
The Minister may, in accordance with this section, establish a school risk management scheme for the purpose of indemnifying participating school boards—
(a)
against accidental loss or damage to property of the board:
(b)
for any other purpose authorised by regulations made under section 78F.
(3)
An indemnity under the school risk management scheme must be given in a form and contain terms and conditions authorised by regulations made under this Act.
(4)
A participating school board is liable to pay to the Crown the annual fee set under sections 78E.
(5)
The Minister may at any time, on giving reasonable notice to all participating school boards, discontinue a school risk management scheme and direct the Secretary to wind up the scheme.
(6)
Until a school risk management scheme is established under subsection (2 ), the deed signed by the Minister on 24 December 1999 entitled Ministry of Education—Risk Management Scheme for School Contents constitutes the school risk management scheme.
Section 78D: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).
78E School risk management scheme fees
(1)
In respect of each year in which a school risk management scheme has effect, the Minister must, by notice in the Gazette, set the amount of the annual fee payable by a participating school board or the rate at which the amount is to be assessed.
(2)
The purpose of the annual fee is to recover the administration, insurance, and claims costs of the scheme.
(3)
The Secretary must deduct the fee from grants made to the board under section 79.
(4)
The Secretary must establish a separate bank account for the purposes of this section, and—
(a)
all fees deducted under subsection (3) must be paid into the account; and
(b)
the Secretary may authorise payments to be made from the account for the purposes of administering the scheme.
(5)
If the school risk management scheme is discontinued, the money held in the separate account after the scheme has been wound up must be paid into a Crown Bank Account in accordance with any directions of the Secretary to the Treasury.
Section 78E: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).
Section 78E(5): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
78F Regulations relating to school risk management scheme
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)
providing for the form of legal instrument by which a school risk management scheme may be established:
(b)
defining accidental loss or damage and other terms for the purposes of the regulations and the legal instrument:
(c)
setting out the scope of the indemnity that may be given by the Crown, including any exclusions:
(d)
setting out the procedure for lodging claims and their determination:
(e)
listing the kinds of costs that the Crown may deduct from money payable under the scheme to a participating school board:
(f)
providing for the manner in which the parties may withdraw from the scheme:
(g)
providing for the manner in which the legal instrument may be varied, replaced, or terminated.
Section 78F: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).
78G Former school risk management schemes
(1)
The scheme referred to in section 78D(6), and all former schemes established for similar purposes by or on behalf of the Minister in 1991 or subsequent years, must be treated as if they were authorised by this section when executed.
(2)
All levies collected from school boards for the purposes of a scheme to which this section applies, and payments made from those fees, must be treated as having been collected or paid under the authority of this section.
Section 78G: inserted, on 25 October 2001, by section 19 of the Education Standards Act 2001 (2001 No 88).
Part 7A Interventions in schools
Part 7A: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
78H Purpose of Part
The purpose of this Part is to provide for a range of interventions that may be used to address concerns about or risks to the operation of individual schools or to the welfare or educational performance of their students.
Section 78H: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78H: amended, on 19 May 2017, by section 56 of the Education (Update) Amendment Act 2017 (2017 No 20).
78I Application of interventions
(1)
The interventions in schools that are available are as follows:
(a)
a requirement by the Secretary for information:
(b)
a requirement by the Secretary for a board to engage specialist help:
(c)
a requirement by the Secretary for a board to prepare and carry out an action plan:
(ca)
a requirement by the Secretary that the board attend a case conference to enable a particular issue or issues to be discussed and actions to be agreed:
(cb)
a requirement by the Secretary that the board engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs:
(cc)
the issuing by the Secretary to the board of a performance notice requiring the board to carry out a specified action by a specified date:
(cd)
the appointment by the Minister of a trustee (who may be the presiding trustee) to the board for a specified period of time:
(d)
the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:
(e)
the dissolution of a board by the Minister, and the appointment of a commissioner:
(f)
the dissolution of a board by the Secretary, and the appointment of a commissioner.
(1A)
The Secretary may apply any of the interventions described in subsection (1)(a) to (cc) to a school if he or she has reasonable grounds for concern about the operation of the school, or the welfare, or educational performance of its students.
(2)
The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1)(cd) to (e) to a school if he or she has reasonable grounds to believe that there is a risk to the operation of the school, or to the welfare or educational performance of its students.
(3)
The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1) to a school if either of the following requests an intervention:
(a)
the board of the school:
(b)
in the case of a State integrated school, the school’s proprietors.
(4)
When applying an intervention, the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.
(5)
The application of any one intervention does not preclude the application of any other intervention, either simultaneously or at any other time.
Section 78I: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78I(1)(ca): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(1)(cb): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(1)(cc): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(1)(cd): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(1A): inserted, on 19 May 2017, by section 57(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(2): amended, on 19 May 2017, by section 57(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78I(3)(b): amended, on 19 May 2017, by section 57(4) of the Education (Update) Amendment Act 2017 (2017 No 20).
78J Requirement to provide information
(1)
The Secretary may, by written notice to the board of a school, require the board to provide specified information—
(a)
as at a given time or times; or
(b)
at specified intervals; or
(c)
both.
(1A)
The Secretary may also require, in the notice, that an analysis of the specified information be provided.
(2)
[Repealed](3)
A board that receives a notice under subsection (1) must provide the Secretary with the information required and an analysis of the information (if this has been sought)—
(a)
by the time or times, or at the intervals, or both, as specified in the notice; and
(b)
in the form (if any) required by the Secretary.
(4)
[Repealed]Section 78J: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78J(1)(a): amended, on 19 May 2017, by section 58(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78J(1A): inserted, on 19 May 2017, by section 58(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78J(2): repealed, on 19 May 2017, by section 58(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78J(3): replaced, on 19 May 2017, by section 58(4) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78J(4): repealed, on 19 May 2017, by section 58(5) of the Education (Update) Amendment Act 2017 (2017 No 20).
78K Specialist help
(1)
The Secretary may, by written notice to the board of a school, require the board to engage specified specialist help.
(2)
A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.
(2A)
The Secretary may also require, in the notice, that the board provide to him or her a report or reports (for example, a progress report and a final report) on the specialist help—
(a)
by the specified time or times; or
(b)
at the specified intervals; or
(c)
both.
(3)
A board that receives a notice under subsection (1) must—
(a)
engage the specialist help as soon as practicable; and
(b)
pay the fees and reasonable expenses of any person or organisation engaged to provide specialist help, unless the Secretary determines otherwise; and
(c)
provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.
(4)
[Repealed]Section 78K: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78K(2A): inserted, on 19 May 2017, by section 59(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78K(3): replaced, on 19 May 2017, by section 59(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78K(4): repealed, on 19 May 2017, by section 59(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
78L Action plans
(1)
The Secretary may, by written notice to the board of a school, require the board to prepare and carry out an action plan, and every such notice must specify—
(a)
the matters that the action plan must address; and
(b)
the outcomes sought; and
(c)
the time within which a draft action plan must be prepared.
(2)
A board that receives a notice under subsection (1) must comply with it by preparing a draft action plan within the time specified in the notice and presenting it to the Secretary for approval.
(3)
The Secretary may negotiate with the board over the draft action plan in order to reach an agreed plan but, if after a reasonable period the board and Secretary have not reached agreement over the content of the action plan, the Secretary may give notice to the board that he or she will approve a particular version of the plan.
(4)
When the Secretary has approved an action plan, the board—
(a)
must implement it in accordance with its terms, unless or until the Secretary directs otherwise; and
(b)
must make the plan available as if it were part of the school’s charter.
Section 78L: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
78LA Case conference
(1)
The Secretary may, by written notice to the board of a school, require the board to attend a case conference on a specified date.
(2)
The notice must specify the issue or issues to be discussed.
(3)
A board that receives a notice under subsection (1) must attend the case conference.
(4)
The Secretary may invite any person to attend the case conference, if the Secretary considers that the person’s presence at the conference is desirable.
(5)
If the case conference results in the parties reaching agreement on any action or actions to address any issue or issues, the agreement—
(a)
must be recorded in writing; and
(b)
is binding on the parties.
(6)
If the Secretary and the board are not able to agree on an action or actions to address any issue or issues, the Secretary may, by written notice to the board,—
(a)
require it to take a particular action or actions; and
(b)
require it to provide to him or her a report or reports (for example, a progress report and a final report) on the action or actions taken—
(i)
as at a given time or times; or
(ii)
at specified intervals; or
(iii)
both.
(7)
A board that receives a notice under subsection (6) must,—
(a)
in relation to a requirement to take a particular action or actions, take the action or actions as soon as practicable; and
(b)
if the notice includes a requirement to report to the Secretary, provide a report or reports at the time or times, or intervals, specified in the notice.
Section 78LA: inserted, on 19 May 2017, by section 61 of the Education (Update) Amendment Act 2017 (2017 No 20).
78LB Specialist audit
(1)
The Secretary may, by written notice to the board of a school, require the board to engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs.
(2)
A notice given under subsection (1) must identify particular persons or organisations, or types of persons or organisations, whom the board must engage.
(3)
The Secretary may also require, in the notice, that the board provide to him or her a report or reports (for example, a progress report and a final report) on the audit—
(a)
as at a given time or times; or
(b)
at specified intervals; or
(c)
both.
(4)
A board that receives a notice under subsection (1) must—
(a)
undertake the audit as soon as practicable; and
(b)
pay the fees and reasonable expenses of any person or organisation engaged to undertake the audit, unless the Secretary determines otherwise; and
(c)
provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.
Section 78LB: inserted, on 19 May 2017, by section 61 of the Education (Update) Amendment Act 2017 (2017 No 20).
78LC Performance notice
(1)
The Secretary may, by written notice to the board of a school, issue a performance notice requiring the board to carry out a specified action by a specified date.
(2)
The Secretary may also require, in the notice, that the board provide to him or her a report or reports (for example, a progress report and a final report) on the action taken—
(a)
as at a given time or times; or
(b)
at specified intervals; or
(c)
both.
(3)
A board that receives a notice under subsection (1) must—
(a)
take the action by the date specified in the notice; and
(b)
provide a report or reports to the Secretary at the time or times, or intervals, specified in the notice.
Section 78LC: inserted, on 19 May 2017, by section 61 of the Education (Update) Amendment Act 2017 (2017 No 20).
78LD Appointment of additional trustee by Minister
(1)
The Minister may, by written notice to the board of a school, appoint an additional trustee of the board, and the Minister may also appoint that trustee as the presiding trustee.
(2)
The notice must specify a period of time for which the appointment is made.
(3)
A person who is ineligible to be a trustee under section 103 may not be appointed under this section.
Section 78LD: inserted, on 19 May 2017, by section 61 of the Education (Update) Amendment Act 2017 (2017 No 20).
78LE Amendment and revocation of notices
(1)
The Secretary may at any time, by giving written notice to a board, amend or revoke a notice given by him or her under this Part.
(2)
The amendment or revocation takes effect on the date specified in the notice.
Section 78LE: inserted, on 19 May 2017, by section 61 of the Education (Update) Amendment Act 2017 (2017 No 20).
78M Limited statutory manager
(1)
The Minister may, by notice in the Gazette, direct the Secretary to appoint a limited statutory manager for the board of a school.
(2)
A notice under subsection (1) must specify—
(a)
any functions, powers, and duties of the board (whether statutory or otherwise) that are to be vested in the limited statutory manager; and
(b)
any matters on which the limited statutory manager may or must advise the board; and
(c)
any conditions attaching to the exercise of the powers by the board or by the limited statutory manager.
(3)
Upon publication of the Gazette notice, the Secretary must, by notice to the board,—
(a)
appoint a person to be the limited statutory manager for the board; and
(b)
state the date on which the appointment takes effect.
(3A)
A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—
(a)
by his or her own name; and
(b)
as being of a named body corporate.
(4)
On and from the date on which his or her appointment takes effect,—
(a)
any functions, powers, or duties of the board specified in a notice under subsection (1) vest in the limited statutory manager; and
(b)
the board must take into consideration advice given by the limited statutory manager on any matter on which he or she is obliged to give advice; and
(c)
any conditions specified in the notice apply.
(5)
The board must pay the fees and expenses of a limited statutory manager appointed for it, unless the Secretary determines otherwise.
(6)
The Minister may at any time, by notice in the Gazette, amend a notice under subsection (1), and the amendment takes effect on and from the date given in the notice.
(7)
When the Minister is satisfied that the appointment of the limited statutory manager is no longer required, he or she must revoke the notice under subsection (1), in which case the appointment terminates from the date of the revocation.
Section 78M: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78M(3A): inserted, on 20 May 2010, by section 22 of the Education Amendment Act 2010 (2010 No 25).
Section 78M(5): amended, on 19 May 2017, by section 62 of the Education (Update) Amendment Act 2017 (2017 No 20).
78N Dissolution of board and appointment of commissioner
(1)
The Minister may, by notice in the Gazette, dissolve the board of a school and direct the Secretary to appoint a commissioner to replace that board.
(2)
On publication of a notice under subsection (1), the Secretary must, by notice in the Gazette, appoint a commissioner for the school, and state the date on which the appointment takes effect.
(3)
The Secretary may, by notice in the Gazette, dissolve the board of a school and appoint a commissioner in its place, as from a specified date, if any of the following applies:
(a)
the board has not held a meeting during the previous 3 months:
(b)
so many casual vacancies have arisen that there is no longer any member of the board who is eligible to preside at meetings of the board:
(c)
the result of an election of trustees is that the board has fewer than 3 trustees elected by parents:
(d)
an election of trustees has not been held as required by this Act:
(e)
it is impossible or impracticable to discover the results of an election of trustees.
(4)
A notice under subsection (2) or (3) appointing a commissioner for a school may refer to the person appointed—
(a)
by his or her own name; and
(b)
as being of a named body corporate.
Section 78N: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78N(4): inserted, on 20 May 2010, by section 23 of the Education Amendment Act 2010 (2010 No 25).
78NA No compensation for loss of office
(1)
A trustee is not entitled to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office as a trustee.
(2)
A board must ensure, to the extent that it is reasonably able to do so, that each of its Crown entity subsidiaries does not pay directors of the subsidiary any compensation or other payment or benefit, on any basis, for ceasing for any reason to hold office.
(3)
However, subsections (4) and (5) apply to a person who is entitled, at the commencement of this section under any contract or arrangement, to any compensation or other payment or benefit relating to his or her ceasing for any reason to hold office.
(4)
The entitlement is not affected by the enactment of this section.
(5)
The entitlement is cancelled on the date of reappointment of the trustee or director or of the member to the committee (if any).
Section 78NA: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 78NA(2): amended, on 18 July 2013, by section 42 of the Crown Entities Amendment Act 2013 (2013 No 51).
78O Commissioners
(1)
A commissioner appointed under section 78N has all the functions, powers, and duties of the board that he or she is appointed to replace.
(2)
Anything that, if done by or on behalf of the board, must be done by affixing the board’s seal, or by the signature of 2 or more trustees, or both, may be done by the signature of the commissioner.
(3)
The remuneration of the commissioner must be determined by the Secretary and paid for out of funds of the board, unless the Secretary determines otherwise.
Section 78O: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78O(3): amended, on 19 May 2017, by section 63 of the Education (Update) Amendment Act 2017 (2017 No 20).
78P Commissioner sets date for election of trustees
(1)
In the case of a commissioner appointed under section 78N(2), when the Secretary is satisfied that a commissioner is no longer required for the school, the commissioner must appoint a date for the election of trustees.
(2)
In the case of a commissioner appointed under section 78N(3), when the Secretary is satisfied that an election of trustees will produce a functioning board, the commissioner must appoint a date for the election of trustees.
(3)
A commissioner’s appointment ends 7 days after the date that he or she has set for the election of trustees.
Section 78P: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
78Q Protection of limited statutory managers and commissioners
No limited statutory manager, and no commissioner, is personally liable for any act done or omitted by him or her, or for any loss arising out of any act done or omitted by him or her, if the act or omission was in good faith and occurred in the course of carrying out his or her functions.
Section 78Q: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
78R Annual review of interventions
Within 1 year of the date of a notice under any of sections 78J(1), 78K(1), 78L(1), 78LA, 78LB, 78LC, 78LD, 78M(1), or 78N(1) or (3), the Secretary must review the operation of the intervention commenced by each notice, and after that must review the operation of the intervention annually.
Section 78R: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78R: amended, on 19 May 2017, by section 64 of the Education (Update) Amendment Act 2017 (2017 No 20).
78S Application of interventions to State integrated schools
(1)
The Secretary must, if practicable, consult with the proprietors of a State integrated school before appointing a limited statutory manager or commissioner for the school, and must have regard to any recommendations made by the proprietors.
(2)
If the Secretary considers that it is not practicable to consult with the proprietors before making an appointment, the Secretary must consult with the proprietors after making the appointment and must consider whether, in light of any recommendations made by the proprietors, a different person should be appointed in place of the original appointee.
Section 78S: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Section 78S heading: amended, on 19 May 2017, by section 65(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 78S(1): amended, on 19 May 2017, by section 65(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
78T Application of interventions to Kura Kaupapa Maori
(1)
Before applying any of the interventions in this Part to a Kura Kaupapa Maori, the Secretary must consult with te kaitiaki o Te Aho Matua (as defined in section 155B).
(2)
Subsection (1) applies only to Kura Kaupapa Maori that are required by their charters to operate in accordance with Te Aho Matua.
Section 78T: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).
Part 8 Financial matters, assets, and property
Part 8 heading: amended, on 19 May 2017, by section 66 of the Education (Update) Amendment Act 2017 (2017 No 20).
79 Grants and supplementary grants for boards
(1)
In or for a financial year, boards must be paid, out of public money appropriated by Parliament for the purpose, such grants and supplementary grants, of such amounts, as the Minister determines.
(1A)
Subsection (1) is subject to subsections (2) and (3) and section 79D.
(2)
In determining the amount of any grant, the Minister shall take no account of international students (other than students exempted under section 4A(1)) enrolled or likely to be enrolled at any school administered by the board concerned.
(3)
A supplementary grant is paid subject to the condition that it will be used for the purposes set out in the grant, and a board that receives a supplementary grant must use it for those purposes only.
Section 79: replaced, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).
Section 79 heading: amended, on 22 October 2019, by section 5(1) of the Education (School Donations) Amendment Act 2019 (2019 No 52).
Section 79 heading: amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 79(1): amended, on 22 October 2019, by section 5(2) of the Education (School Donations) Amendment Act 2019 (2019 No 52).
Section 79(1): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 79(1): amended, on 29 October 2016, by section 13(2) of the Education Legislation Act 2016 (2016 No 72).
Section 79(1): amended, on 25 October 2001, by section 21(1) of the Education Standards Act 2001 (2001 No 88).
Section 79(1A): inserted, on 22 October 2019, by section 5(3) of the Education (School Donations) Amendment Act 2019 (2019 No 52).
Section 79(2): amended, on 22 October 2019, by section 5(4)(a) of the Education (School Donations) Amendment Act 2019 (2019 No 52).
Section 79(2): amended, on 22 October 2019, by section 5(4)(b) of the Education (School Donations) Amendment Act 2019 (2019 No 52).
Section 79(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 79(2): amended, on 29 October 2016, by section 13(3) of the Education Legislation Act 2016 (2016 No 72).
Section 79(3): inserted, on 25 October 2001, by section 21(2) of the Education Standards Act 2001 (2001 No 88).
Section 79(3): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
79A Discretionary grants for boards
(1)
The Minister may, in or for a financial year, make discretionary grants to boards out of public money appropriated by Parliament for the purpose.
(2)
Subsection (1) is subject to subsections (3) to (8) and section 79D.
(3)
The Minister must determine the amount of each discretionary grant made under subsection (1).
(4)
In determining the amount of a discretionary grant, the Minister must take no account of international students (other than students exempted under section 4A(1)) enrolled or likely to be enrolled at any school administered by the board concerned.
(5)
A discretionary grant made under subsection (1)—
(a)
must be made subject to the condition that a board that receives it does not seek or receive any solicited voluntary payment from parents; and
(b)
may also be made subject to other conditions (except a condition that it will be used for the purposes set out in the grant) determined by the Minister and published in the Gazette (in their entirety, or by way of a general description and an indication of where the full text can be obtained).
(6)
A discretionary grant may be paid to a board only if the board has decided by resolution to receive the grant.
(7)
A board that receives a discretionary grant must take all reasonable steps to ensure that all conditions of the grant are complied with.
(8)
In this section and section 79B,—
parent, in relation to any student, means a person who is the student’s mother, father, or guardian
solicited voluntary payment from parents, for a board, means a payment that is—
(a)
to be made or made by or on behalf of a parent, or parents, of any student, or students, likely to be enrolled or enrolled at any school administered by the board; and
(b)
a payment that the parent has, or that those parents have, no legal obligation to make; and
(c)
sought in any way, directly or indirectly, from the parent or those parents, by or on behalf of the board.
Section 79A: inserted, on 22 October 2019, by section 4 of the Education (School Donations) Amendment Act 2019 (2019 No 52).
79B Minister may prescribe exemptions to mandatory condition
(1)
The Minister may, by notice in the Gazette, prescribe exemptions to the condition in section 79A(5)(a).
(2)
Exemptions prescribed by a notice given under this section enable any board, or class or classes of boards, specified in the notice to which a discretionary grant is made or to be made to seek or receive any solicited voluntary payment from parents for any student activity or student activities specified in the notice.
Section 79B: inserted, on 22 October 2019, by section 4 of the Education (School Donations) Amendment Act 2019 (2019 No 52).
79C Application of Legislation Act 2012
A notice given under section 79A(5)(b) or 79B or both and applying to any class or classes of boards is not a legislative instrument, but is 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 79C: inserted, on 22 October 2019, by section 4 of the Education (School Donations) Amendment Act 2019 (2019 No 52).
79D Effect of non-compliance with earlier discretionary grants
(1)
In determining for the purposes of section 79 or 79A the amount of any grant, supplementary grant, or discretionary grant payable to a board in respect of a school in or for a financial year, the Minister—
(a)
must have regard to the extent to which the board has, in any 1 or more earlier financial years, in respect of the school, failed to comply with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years; and
(b)
may, after consulting the board, determine for the grant, supplementary grant, or discretionary grant an amount that is less than it would otherwise have been.
(2)
However, the total of all reductions (if any) made under subsection (1)(b) because of non-compliance with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years must not exceed the amount of that discretionary grant.
Section 79D: inserted, on 22 October 2019, by section 4 of the Education (School Donations) Amendment Act 2019 (2019 No 52).
80 No transfer between grants
[Repealed]Section 80: repealed, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).
81 Payment of teacher salaries from sources other than grants
[Repealed]Section 81: repealed, on 8 August 1991, by section 5(1) of the Education Amendment Act (No 2) 1991 (1991 No 90).
81A Grants for correspondence schools
Notwithstanding sections 79 to 81,—
(a)
the board of a correspondence school shall in each financial year be paid, out of money appropriated by Parliament for the purpose, a single grant of an amount determined by the Minister:
(b)
any part of such a grant may be used for the payment of teacher salaries:
(c)
the board shall not out of money that is not part of such a grant pay any part (or all) of a teacher’s salary, or pay to the Crown any part (or all) of a teacher’s salary paid by the Crown, except—
(i)
with the Minister’s consent; and
(ii)
in accordance with any conditions subject to which the consent was given:
(d)
the Minister shall withhold consent under paragraph (c) unless satisfied that special circumstances applying to the school make it inappropriate for the Minister to do so.
Section 81A: inserted, on 23 July 1990, by section 20 of the Education Amendment Act 1990 (1990 No 60).
81B Management of financial management system
[Repealed]Section 81B: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).
82 Annual financial statements
[Repealed]Section 82: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).
83 Responsibility for financial statements
[Repealed]Section 83: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).
84 Audit report on financial statements
[Repealed]Section 84: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).
85 Financial statements to be included in annual report
[Repealed]Section 85: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).
86 Financial year
[Repealed]Section 86: repealed, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).
87 Annual reports
(1)
As soon as is practicable after the end of every financial year, and in any event no later than a day fixed by the Secretary, every board shall give the Secretary an annual report in accordance with this section.
(2)
A report given under subsection (1) must include—
(a)
the names of all the board’s elected trustees, appointed trustees, and co-opted trustees; and
(b)
the date on which each trustee goes out of office; and
(c)
the auditor’s report in accordance with section 87A; and
(ca)
in respect of the board or, in the case of a Crown entity group, for each Crown entity in the group,—
(i)
the total value of the remuneration (other than compensation and other benefits referred to in subparagraph (v)) paid or payable to the trustees in their capacity as trustees from the board (or entities in the group, as the case may be), during that financial year; and
(ii)
the total value of the remuneration (other than compensation, and other benefits referred to in subparagraph (v)) paid or payable to the committee members in their capacity as committee members from the board (or entities in the group, as the case may be) during that financial year (except that this paragraph does not apply to trustees whose remuneration is disclosed under subparagraph (i)); and
(iii)
the number of employees (other than principals of the school) to whom, during the financial year, remuneration (other than compensation and other benefits referred to in subparagraph (v)) was paid or payable in their capacity as employees, the total value of which is or exceeds $100,000 per annum, and the number of those employees in brackets of $10,000; and
(iv)
a report, presented in the manner required by the Minister by notice in the Gazette, on the total remuneration (including benefits, any compensation, ex gratia payments, any other payments, and any other consideration paid or payable in the school principal’s capacity as an employee) paid to a principal of the school; and
(v)
the total value of any compensation or other benefits paid or payable to persons who ceased to be trustees, committee members, or employees during the financial year in relation to that cessation and the number of persons to whom all or part of that total was payable; and
(d)
the board’s annual financial statements; and
(e)
a statement in which schools provide an analysis of any variance between the school’s performance and the relevant aims, objectives, directions, priorities, or targets set out in the school charter:
(3)
The annual financial statements must be prepared in accordance with generally accepted accounting practice, audited as required by section 87A, and include all of the following:
(a)
a statement of the financial position of the board as at its balance date:
(b)
a statement of financial performance reflecting the revenue and expenses of the board for the financial year:
(c)
if required by generally accepted accounting practice, a statement of cash flows reflecting cash flows of the board for the financial year:
(d)
a statement of the commitments of the board as at the balance date:
(e)
a statement of the contingent liabilities of the board as at the balance date:
(f)
a statement of accounting policies:
(g)
such other statements as are necessary to fairly reflect the financial operations of the board for the financial year and its financial position at the end of the financial year:
(h)
any other statements that the Secretary determines in consultation with the Auditor-General:
(i)
in relation to each statement required by paragraphs (a) to (c) and, if appropriate, by paragraph (g), budgeted figures for the financial year:
(j)
in relation to each statement required by paragraphs (a) to (c), paragraph (d), and paragraph (e) and, if appropriate, by paragraph (g), comparative actual figures for the previous financial year.
(3AA)
The annual financial statements in the annual report must be in the form (if any) determined by the Secretary after consultation with the Auditor-General.
(3A)
In addition, a board that is a parent in a Crown entity group must, to the extent required to do so by generally accepted accounting practice, prepare consolidated financial statements in relation to the group for that financial year.
(4)
The annual financial statements must be accompanied by a statement of responsibility that complies with section 155 of the Crown Entities Act 2004 but that is signed by the chair of the board and principal instead of 2 members.
(5)
In subsection (2), trustee and employee include a person who was a trustee or employee at any time during the applicable financial year but who is no longer a trustee or employee.
(6)
The requirements of this section and section 87A as to annual financial statements also apply to a Crown entity subsidiary of a board as if the subsidiary were a board and with all necessary modifications.
(7)
Subsection (2)(ca)(iv) and (v) applies in respect of each financial year that ends on or after 31 December 2004.
(8)
The rest of the amendments made to this section by Schedule 6 of the Crown Entities Act 2004 apply as provided in section 198 of that Act.
Section 87(1): amended, on 25 October 2001, by section 23(1)(a) of the Education Standards Act 2001 (2001 No 88).
Section 87(2): inserted, on 8 July 2000, by section 6 of the Education Amendment Act 2000 (2000 No 21).
Section 87(2)(b): amended, on 25 October 2001, by section 23(1)(b) of the Education Standards Act 2001 (2001 No 88).
Section 87(2)(c): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(2)(ca): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(2)(d): inserted, on 25 October 2001, by section 23(2) of the Education Standards Act 2001 (2001 No 88).
Section 87(2)(e): inserted, on 25 October 2001, by section 23(2) of the Education Standards Act 2001 (2001 No 88).
Section 87(3): inserted, on 25 October 2001, by section 23(3) of the Education Standards Act 2001 (2001 No 88).
Section 87(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(3AA): inserted, on 13 February 2015, by section 4 of the Education Amendment Act 2015 (2015 No 1).
Section 87(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(4): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(5): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(6): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(7): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87(8): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
87A Audit
(1)
Each board must submit its annual financial statements to the Auditor-General within 90 days after the end of each financial year.
(2)
The Auditor-General must audit the financial statements and provide an audit report on them to the board.
Section 87A: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
87AB Annual report to be made available
A board must ensure that its annual report is available to the public on an Internet site maintained by or on behalf of the board.
Section 87AB: inserted, on 19 May 2017, by section 69 of the Education (Update) Amendment Act 2017 (2017 No 20).
87B Report on performance of schools’ sector
(1)
The Minister of Education must in each year, not later than 30 September, prepare and present to the House of Representatives a report on the performance of the schools’ sector in the immediately preceding financial year ending on 31 December.
(2)
The report must include information on—
(a)
the performance of the schools’ sector in the supply of outputs:
(b)
the management performance in the schools’ sector, including the quality of the management systems and practices in the schools’ sector and the management of all the assets used in the schools’ sector:
(c)
the effectiveness of the schools’ sector in terms of educational achievement.
(3)
The report—
(a)
must relate to all of the schools owned by the Crown; and
(b)
may relate to other schools.
Section 87B: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
87C Annual financial statements of boards
(1)
A board must provide its audited annual financial statements to the Secretary no later than 31 May in the year after the previous financial year.
(2)
The Minister must make available (including, without limitation, by electronic means) to a member of Parliament on request from that member of Parliament any statement provided to the Secretary under subsection (1).
(3)
The statement must be made available not later than 1 month after the request was received by the Minister.
Section 87C: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 87C(2): replaced, on 13 June 2013, by section 18 of the Education Amendment Act 2013 (2013 No 34).
Section 87C(3): replaced, on 13 June 2013, by section 18 of the Education Amendment Act 2013 (2013 No 34).
88 Payment of travel costs and attendance fees
(1)
The Minister may from time to time, by notice in the Gazette, fix a scale of maximum fees and payments to be made to trustees.
(2)
Subject to subsection (3), every trustee may be paid, out of the board’s funds and in accordance with the scale, travel costs and attendance fees fixed by the board.
(3)
In determining the attendance fees paid to trustees, a board shall have regard both to loss of income and to the cost of child care.
88A Rent for teachers’ residences
(1)
A teacher who is provided with a teacher’s residence in respect of his or her teaching position must pay rent in accordance with a scheme prescribed by the Minister and notified in the Gazette.
(2)
Until a rental scheme under subsection (1) takes effect, rents for teachers’ residences must be determined in accordance with the scheme operating immediately before subsection (1) comes into force.
Section 88A: inserted, on 17 May 2006, by section 9 of the Education Amendment Act 2006 (2006 No 19).
89 Payroll service
(1)
The Secretary must ensure that a payroll service is established and maintained to provide for the payment of employees of boards who are employed in the education service.
(2)
A board must use the payroll service unless the Secretary directs otherwise.
(3)
A board required by subsection (2) to use the payroll service must—
(a)
keep all records that are necessary to enable the board to use the service; and
(b)
provide those records to the Secretary on request.
Section 89: replaced, on 29 October 2016, by section 14 of the Education Legislation Act 2016 (2016 No 72).
90 Application of Public Finance Act 1989
[Repealed]Section 90: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
91 Transitional arrangements for payment of teacher salaries
[Repealed]Section 91: repealed, on 7 December 1992, by section 2(4)(a) of the Education Amendment Act 1992 (1992 No 107).
Part 8A Payment of teacher salaries, limitations on staffing, and powers of Secretary to employ teachers and create positions
Part 8A: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Part 8A heading: amended, on 29 October 2016, by section 15 of the Education Legislation Act 2016 (2016 No 72).
91A Interpretation
(1)
In this Part, unless the context otherwise requires,—
application period means the period commencing on the commencement of the Education Amendment Act 1992, and ending with 31 December 2021 (as from time to time extended under section 91M(1))
board means a board of trustees constituted under Part 9; and, in relation to a school, means the school’s board
employment-based trainee teacher means a person who is undertaking an initial teacher education programme that includes a period of employment by a board
employment-based trainee teaching position means a position established by the Secretary under section 91O(1)
initial teacher education programme means a training programme recognised by the Teaching Council as suitable for people who want to teach
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
payrolled school means a school to which section 91C applies
regular teacher means a teacher who is not a relieving teacher or an employment-based trainee teacher
relieving teacher, at any time, means a teacher employed at that time by a board to undertake some or all of the duties of a regular teacher who, at that time, is absent from work but remains employed (on salary) by the board
school means an institution that is—
(a)
a State school within the meaning of section 2; or
(b)
a special institution within the meaning of section 92
Secretary means the chief executive of the Ministry
teacher includes the principal of a school, and any deputy or associate principal (however described) of a school.
(2)
[Repealed]Section 91A: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91A(1) application period: the application period is extended to 31 December 2021, on 1 November 2018, by clause 3 of the Education (Extension of Application Period) Order 2018 (LI 2018/128).
Section 91A(1) employment-based trainee teacher: inserted, on 29 October 2016, by section 16(1) of the Education Legislation Act 2016 (2016 No 72).
Section 91A(1) employment-based trainee teaching position: inserted, on 29 October 2016, by section 16(1) of the Education Legislation Act 2016 (2016 No 72).
Section 91A(1) initial teacher education programme: inserted, on 29 October 2016, by section 16(1) of the Education Legislation Act 2016 (2016 No 72).
Section 91A(1) initial teacher education programme: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 91A(1) regular teacher: amended, on 29 October 2016, by section 16(2) of the Education Legislation Act 2016 (2016 No 72).
Section 91A(2): repealed, on 15 July 1998, by section 2(2)(a) of the Education Amendment Act 1998 (1998 No 21).
91B Application
Section 91C applies to every school other than—
(a)
a school established under section 152 as a correspondence school.
(b)
[Repealed]Section 91B: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91B(b): repealed, on 8 July 2000, by section 7 of the Education Amendment Act 2000 (2000 No 21).
Payment of salaries
Heading: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
91C Salaries of teachers at certain schools to be paid by the Crown
Notwithstanding anything in Part 8, the Secretary shall cause to be paid out of public money appropriated by Parliament for the purpose the salaries (in respect of employment during the application period) of all regular teachers employed at payrolled schools.
Section 91C: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91C: amended, on 15 July 1998, by section 2(2)(b) of the Education Amendment Act 1998 (1998 No 21).
91D Agreements to move from central payment of teacher salaries
[Repealed]Section 91D: repealed, on 8 July 2000, by section 8 of the Education Amendment Act 2000 (2000 No 21).
91E Payment of salaries of certain teachers out of grants
[Repealed]Section 91E: repealed, on 15 July 1998, by section 2(1) of the Education Amendment Act 1998 (1998 No 21).
91F Restrictions on payment of salaries of regular teachers by boards of payrolled schools
No board shall pay all or any part of the salary of a regular teacher in respect of employment during the application period at a payrolled school it administers unless—
(a)
[Repealed](b)
the Minister has consented to the payment, and the board complies with any conditions subject to which the consent was given.
Section 91F: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91F(a): repealed, on 15 July 1998, by section 2(2)(c) of the Education Amendment Act 1998 (1998 No 21).
91G Payment of salaries of relieving teachers and employment-based trainee teachers
(1)
Except as provided in subsection (3), boards shall pay the salaries of relieving teachers and employment-based trainee teachers employed at schools they administer.
(2)
The Governor-General may from time to time, by Order in Council, declare any circumstances to be circumstances in which the employment of a relieving teacher or an employment-based trainee teacher justifies the central payment of the teacher’s salary, either—
(a)
immediately; or
(b)
after employment for an initial period (specified in the order) of consecutive school days on which the school at which the teacher is employed is open for instruction.
(3)
The Secretary shall cause the salary of a relieving teacher or an employment-based trainee teacher to be paid out of public money appropriated by Parliament for the purpose if (and only if), by virtue of an order under subsection (2), the employment to which the payment relates justifies the central payment of the salary.
Section 91G: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91G heading: replaced, on 29 October 2016, by section 17(1) of the Education Legislation Act 2016 (2016 No 72).
Section 91G(1): amended, on 29 October 2016, by section 17(2) of the Education Legislation Act 2016 (2016 No 72).
Section 91G(2): amended, on 29 October 2016, by section 17(3) of the Education Legislation Act 2016 (2016 No 72).
Section 91G(3): amended, on 29 October 2016, by section 17(4) of the Education Legislation Act 2016 (2016 No 72).
Limitations on staffing
Heading: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
91H Limitations on appointment and employment of regular teachers at payrolled schools
(1)
For the purpose of limiting the financial liability of the Crown arising out of its obligation under section 91C to pay the salaries of all regular teachers employed at payrolled schools, the Governor-General shall in every year, by Order in Council, prescribe limitations on the number of regular teachers who may be employed at payrolled schools during the next year.
(2)
An order under subsection (1) may do any 1 or more of the following:
(a)
apply different limitations to different types of school, or to particular schools:
(b)
impose limitations on the numbers of particular types of teachers who may be employed:
(c)
set out 1 or more mechanisms by which the applicable limitations are calculated:
(d)
specify circumstances in which the Secretary may exempt any school or type of school from a limitation, and any conditions applying to such an exemption.
Section 91H: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91H(1): amended, on 8 July 2000, by section 9(1) of the Education Amendment Act 2000 (2000 No 21).
Section 91H(2): replaced, on 8 July 2000, by section 9(2) of the Education Amendment Act 2000 (2000 No 21).
91I Secretary may grant exemptions in individual cases
The Secretary may, in the circumstances and in accordance with any conditions specified in an order under section 91H(1), by written notice to a board—
(a)
exempt the board, to any extent specified in the notice, from any limitation prescribed by the order in relation to a school the board administers; or
(b)
amend or revoke any notice under this section;—
and the board may appoint and employ teachers at the school accordingly.
Section 91I: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Section 91I: amended, on 8 July 2000, by section 10 of the Education Amendment Act 2000 (2000 No 21).
91J Boards to comply with limitations
Subject to section 91I, the board of a school in relation to which a limitation is prescribed by an order under section 91H(1) shall ensure that the appointment and employment of teachers at the school is at all times during the application period in accordance with the limitation.
Section 91J: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
91K Reduction in grants where limitations not complied with
In determining for the purposes of section 79 the amount of any grant payable to a board in respect of a school, the Minister—
(a)
shall have regard to the extent to which the Secretary has (by virtue of this Part) caused to be paid to teachers employed at the school salaries greater in total than the salaries that would have been payable if the board had complied with sections 91G(1), 91J, and 91L(1); and
(b)
may, after consulting the board, determine for the grant an amount that is (to that extent or some lesser extent) less than it would otherwise have been.
Section 91K: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
91L Staffing levels for 1992
(1)
Subject to subsection (2), the board of a payrolled school shall ensure that at all times before 1 January 1993 there are not employed at the school more regular teachers of any grade than the number of regular teachers of that grade employed there at the close of 18 November 1992.
(2)
The Secretary may, by written notice to a payrolled school’s board, authorise an increase in the number of regular teachers of any grade to be employed at the school in 1992; and teachers may be employed at the school accordingly.
Section 91L: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Application period may be extended
Heading: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
91M Application period may be extended
(1)
Subject to subsection (2), the Governor-General may from time to time, by Order in Council, extend the application period to a day specified in the order.
(2)
No order shall be made under subsection (1) after the application period (as from time to time extended) has expired.
Section 91M: inserted, on 7 December 1992, by section 2(1) of the Education Amendment Act 1992 (1992 No 107).
Powers of Secretary to employ teachers and create positions
Heading: inserted, on 29 October 2016, by section 18 of the Education Legislation Act 2016 (2016 No 72).
91N Power of Secretary to employ teachers
(1)
The Secretary may, in his or her discretion, employ any person to work in a school as a teacher.
(2)
In applying any Order in Council under this Part limiting the number of teachers who may be employed at a school, teachers employed under this section are not to be counted.
Section 91N: inserted, on 25 October 2001, by section 24 of the Education Standards Act 2001 (2001 No 88).
91O Employment-based trainee teaching positions
(1)
On receipt of a request from the board of a school, the Secretary may, by written notice to the board, establish an employment-based trainee teaching position for the school.
(2)
Despite any provision to the contrary in this Act or in the State Sector Act 1988, the board of a school for which an employment-based trainee teaching position has been established may appoint only an employment-based trainee teacher to the position.
Section 91O: inserted, on 29 October 2016, by section 19 of the Education Legislation Act 2016 (2016 No 72).
Part 9 School boards
92 Interpretation
(1)
In this Part, unless the context otherwise requires,—
adult student means a student who has turned 20
board means a board of trustees constituted under this Part; and,—
(a)
in relation to a school or institution, means the board of the school or institution; and
(b)
in relation to a trustee, means the board of which the trustee is a member
board staff, in relation to a board on any day, means the people who, on the day, are not students enrolled full-time at a school or institution administered by the board, and who—
(a)
on the day have taken up a permanent appointment to a position in the employment of the board, or a position (at a school or institution administered by the board) in the employment of a body established under this Act or the Education Act 1964, or of the Secretary; or
(b)
during the period of 2 months ending with that day, have been continuously employed in 1 or more such positions
casual vacancy means a vacancy in the membership of a board arising under section 104
combined board means a board that administers more than 1 school or institution
commissioner means a person for the time being appointed under this Act or the School Trustees Act 1989 to act in place of a board; and, in relation to a board, means a commissioner appointed to act in its place
composite school has the same meaning as in section 145(1)
correspondence school has the same meaning as in section 145(1)
election year means a year divisible by 3
household does not include hostel
immediate caregiver, subject to subsection (3),—
(a)
in relation to a student who usually lives in a household that includes the student’s father or mother but not both, but also includes the spouse or partner of the father or mother, means the spouse or partner; and
(b)
in relation to a student who usually lives in a household that includes the student’s father or mother and no spouse or partner of the father or mother, but also includes a person who has turned 20 and has a day-to-day responsibility for the student clearly greater than that of any other person, means that person; and
(c)
in relation to a student who usually lives in a household that does not include the student’s father or the student’s mother, means any member of the household who has turned 20 and has a day-to-day responsibility for the student clearly greater than that of any other person
institution,—
(a)
in relation to a lone board that administers a special institution, means that institution; and
(b)
in relation to a combined board that administers special institutions, means those institutions or any of them; and
(c)
in relation to a trustee of a lone board that administers a special institution, means that institution; and
(d)
in relation to a trustee of a combined board that administers special institutions, means those institutions or any of them
integrated has the same meaning as in section 2(1)
intermediate school has the same meaning as in section 145(1)
lone board means a board that administers only 1 school or institution
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, in relation to any person, means a person who is the person’s father, mother, guardian, or immediate caregiver
partner, in the phrase “spouse or partner”
and in related contexts, means civil union partner or de facto partner
primary school has the same meaning as in section 145(1)
principal, in relation to a school or institution, means the principal or other chief executive of the school or institution; and except in section 94(1)(c) includes an acting principal
Review Office means the Education Review Office
secondary school has the same meaning as in section 145(1)
Secretary means the chief executive of the Ministry
special institution means an institution that is—
(a)
for the time being specified in Schedule 5; or
(b)
a correspondence school; or
(c)
an institution (other than an institution that is part of a school) situated within—
(i)
an institution under the control of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; or
(ii)
a hospital care institution (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001)
State school means an institution that is a primary school, a composite school, or a secondary school; and,—
(a)
in relation to a lone board that administers a school, means that school; and
(b)
in relation to a combined board that administers schools, means those schools or any of them; and
(c)
in relation to a trustee of a lone board that administers a school, means that school; and
(d)
in relation to a trustee of a combined board that administers schools, means those schools or any of them
trustee means a member of a board; and, in relation to a board, a school, or an institution, means a member of the board, or the board of the school or institution.
(2)
[Repealed](3)
Notwithstanding subsection (1), for the purposes of this Part, a student who—
(a)
usually lives in a household that includes the student’s father and mother; or
(b)
usually spends approximately equal time in 2 or more households; or
(c)
does not usually live in a household,—
has no immediate caregiver.
(4)
The Governor-General may from time to time, by Order in Council, amend Schedule 5 by—
(a)
adding the name of an institution to it; or
(b)
omitting the name of an institution from it; or
(c)
substituting for the name of an institution any different name.
Compare: 1989 No 3 s 2
Section 92(1) board: amended, on 20 May 2010, by section 24(1) of the Education Amendment Act 2010 (2010 No 25).
Section 92(1) composite school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).
Section 92(1) correspondence school: replaced, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).
Section 92(1) immediate caregiver paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92(1) immediate caregiver paragraph (b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92(1) integrated: replaced, on 19 May 2017, by section 72(5) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 92(1) intermediate school: replaced, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).
Section 92(1) Minister: replaced, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 92(1) Ministry: inserted, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 92(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92(1) primary school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).
Section 92(1) principal: amended, on 20 May 2010, by section 24(2) of the Education Amendment Act 2010 (2010 No 25).
Section 92(1) secondary school: inserted, on 1 January 1990, by section 15(3) of the Education Amendment Act 1989 (1989 No 156).
Section 92(1) Secretary: replaced, on 1 January 1992, by section 2(4) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 92(1) special institution paragraph (c): replaced, on 24 October 2018, by section 8 of the Education Amendment Act 2018 (2018 No 40).
Section 92(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92(1) State school: amended, on 20 May 2010, by section 24(4) of the Education Amendment Act 2010 (2010 No 25).
Section 92(2): repealed, on 1 January 1990, by section 15(5)(g) of the Education Amendment Act 1989 (1989 No 156).
Requirement for board of trustees
Heading: inserted, on 19 May 2017, by section 73 of the Education (Update) Amendment Act 2017 (2017 No 20).
93 State schools and special institutions to have boards of trustees
(1)
Except as provided in this Act, there shall be 1 board of trustees for every State school.
(2)
Whether or not it is a State school, every special institution shall have 1 board of trustees.
(3)
Notwithstanding subsections (1) and (2), a school or institution does not have to have a board of trustees while a commissioner holds office to act in place of its board of trustees.
(4)
Every board of trustees constituted under the School Trustees Act 1989 shall be deemed to have been constituted under this Act too.
Compare: 1989 No 3 s 4
Section 93 heading: amended, on 19 May 2017, by section 74 of the Education (Update) Amendment Act 2017 (2017 No 20).
Constitution of boards
Heading: inserted, on 19 May 2017, by section 75 of the Education (Update) Amendment Act 2017 (2017 No 20).
94 Constitution of boards of State schools
(1)
Subject to sections 94A, 94B, 95(1), and 100, the board of a State school shall comprise—
(a)
no more than 7 and no fewer than 3 parent representatives; and
(b)
the principal of the school or, in the case of a combined board, the principal or principals of the schools administered by the board; and
(c)
except where the principal is the only member of the school staff, 1 staff representative; and
(d)
a number (determined by the board) of trustees either—
(i)
co-opted by the board; or
(ii)
appointed by bodies corporate approved by the board for the purpose; and
(e)
in the case of a board that administers any State integrated school, not more than 4 trustees appointed by the school’s proprietors; and
(f)
in the case of a board that administers a school where students are enrolled full-time in classes above form 3, 1 student representative.
(2)
Notwithstanding subsection (1), but subject to section 95(1), except to the extent that a board has decided otherwise, it shall have—
(a)
6 parent representatives, in the case of a board that administers more than 2 schools; and
(b)
5 parent representatives, in every other case.
Section 94: replaced, on 1 January 1992, by section 13 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 94(1): amended, on 19 May 2017, by section 76(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 94(1)(b): replaced, on 8 July 2000, by section 11 of the Education Amendment Act 2000 (2000 No 21).
Section 94(1)(b): amended, on 29 October 2016, by section 20 of the Education Legislation Act 2016 (2016 No 72).
Section 94(1)(e): amended, on 19 May 2017, by section 76(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
94A Proprietors of State integrated schools may vary number of trustees they appoint
(1)
Notwithstanding section 94(1), except as provided in this section, a board that administers any State integrated school must have 4 trustees appointed by the school’s proprietors.
(2)
The proprietors of a State integrated school may, by written notice to the board, consent to a reduction in the number of trustees the proprietors are entitled to appoint to the board.
(3)
Every notice under subsection (2) shall either—
(a)
specify that it is to take effect on the occurrence of the earlier of the following events:
(i)
the going out of office under section 102(8) of trustees of the board:
(ii)
the appointment under section 78N(2) of a commissioner to act in the board’s place; or
(b)
specify a day on which it is to take effect, and contain the dismissal (with effect on that day) of enough trustees appointed by the proprietors to give effect to the reduction consented to.
(4)
The proprietors of a State integrated school may, by written notice to the board, require an increase (to no more than 4) in the number of trustees the proprietors are entitled to appoint to the board.
(5)
A notice under subsection (4) shall take effect on the occurrence of the earlier of the following events:
(a)
the going out of office under section 102(8) of trustees of the board:
(b)
the appointment under section 78N(2) of a commissioner to act in the board’s place.
Section 94A: inserted, on 1 January 1992, by section 13 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 94A heading: amended, on 19 May 2017, by section 77(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 94A(1): amended, on 19 May 2017, by section 77(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 94A(2): amended, on 19 May 2017, by section 77(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 94A(2): amended, on 19 December 1998, by section 26(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 94A(3)(a)(ii): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
Section 94A(4): amended, on 19 May 2017, by section 77(4) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 94A(4): amended, on 19 December 1998, by section 26(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 94A(5)(b): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
94B Boards may alter their own constitutions
(1)
A board may from time to time, in accordance with this section, decide—
(a)
to increase to no more than 7 the number of trustees who are parent representatives:
(b)
to decrease to no fewer than 3 the number of trustees who are parent representatives:
(c)
to approve a body corporate for the purpose of appointing a specified number of trustees to the board:
(d)
to modify an approval under paragraph (c) by increasing the number of trustees a body corporate may appoint to the board:
(e)
in its absolute discretion, and without giving reasons, to modify an approval under paragraph (c) by reducing the number of trustees a body corporate may appoint to the board:
(f)
in its absolute discretion, and without giving reasons, to withdraw an approval under paragraph (c).
(g)
[Repealed](h)
[Repealed](2)
Every decision under subsection (1) shall be made by the board by resolution passed at a meeting of the board open to all parents of students enrolled at the school or schools administered by the board.
(3)
Before making a decision under subsection (1), a board shall take reasonable steps to ensure that the parents of students enrolled at the school or schools administered by the board have reasonable notice of—
(a)
the time, day, and place of the meeting of the board at which the decision is to be made; and
(b)
the nature of the decision; and
(c)
the fact that they have a right to attend the meeting.
(4)
Where a board decides to decrease the number of trustees who are parent representatives,—
(a)
no parent representative shall go out of office; but
(b)
no casual vacancy for a parent representative shall be filled unless the occurrence of the vacancy has reduced the number of parent representatives on the board to fewer than the decreased number decided by the board.
(5)
Where a board decides to decrease the number of trustees who are parent representatives to a number that is not more than the total number of—
(a)
co-opted trustees for the time being holding office; and
(b)
trustees capable of being appointed pursuant to approvals under subsection (1)(c),—
all co-opted trustees shall then go out of office as if they had resigned.
(6)
If, when any co-opted trustees have gone out of office under subsection (5) the number of trustees on the board concerned who are parent representatives is not more than the number of trustees capable of being appointed pursuant to approvals under subsection (1)(c),—
(a)
the approvals under subsection (1)(c) of the organisations by whom they may be appointed shall, starting with the most recent and continuing successively to the least recent, be deemed to have been withdrawn; and
(b)
all trustees appointed by an organisation whose approval has been deemed to have been withdrawn shall then go out of office as if they had resigned,—
until the number of trustees who are parent representatives is more than the number of trustees capable of being appointed pursuant to approvals under subsection (1)(c).
(7)
[Repealed](8)
Every vacancy on a board caused by a decision to increase the number of members who are parent representatives shall be filled by election under section 105 as if it is a casual vacancy; but is not capable of being filled by selection.
(9)
A board that makes a decision under subsection (1) shall ensure that, as soon as is practicable after making it, the Secretary is given written notice of the nature of the decision and the day on which it was made.
Section 94B: inserted, on 1 January 1992, by section 13 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 94B(1)(g): repealed, on 8 July 2000, by section 12(1) of the Education Amendment Act 2000 (2000 No 21).
Section 94B(1)(h): repealed, on 8 July 2000, by section 12(2) of the Education Amendment Act 2000 (2000 No 21).
Section 94B(7): repealed, on 8 July 2000, by section 12(1) of the Education Amendment Act 2000 (2000 No 21).
Section 94B(8): amended, on 17 May 2006, by section 15(5) of the Education Amendment Act 2006 (2006 No 19).
Section 94B(8): amended, on 8 July 2000, by section 12(3) of the Education Amendment Act 2000 (2000 No 21).
94C Limitations on co-option and appointment of trustees
[Repealed]Section 94C: repealed, on 19 May 2017, by section 78 of the Education (Update) Amendment Act 2017 (2017 No 20).
95 Composition of boards of special institutions
(1)
The composition of the board of a special institution shall be determined by the Minister by notice in the Gazette.
(2)
A notice under subsection (1)—
(a)
may apply to a specified institution or institutions, or to institutions of a specified class or description:
(b)
subject to subsection (3), may revoke or amend any other such notice.
(3)
No trustee shall go out of office by reason only of the amendment or revocation of a notice under subsection (1).
(4)
One board may administer a number of special institutions.
Compare: 1989 No 3 s 6
Section 95 heading: replaced, on 19 May 2017, by section 79 of the Education (Update) Amendment Act 2017 (2017 No 20).
96 Parent representatives
(1)
The parent representatives on the lone board of an intermediate school shall be elected by people who are—
(a)
parents of students (other than adult students)—
(i)
enrolled full-time at the school when the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes; or
(ii)
likely to be enrolled full-time at the school in the year after the year the election is held; or
(b)
adult students (other than adult students who are also parents of students so enrolled) enrolled full-time at the school when the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes.
(2)
The parent representatives on the lone board of any other State school shall be elected by people who are—
(a)
parents of students (other than adult students) enrolled full-time at the school when the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes; or
(b)
adult students (other than adult students who are also parents of students so enrolled) enrolled full-time at the school when the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes.
(3)
The parent representatives on the combined board of 2 or more State schools shall be elected by people who are—
(a)
parents of students (other than adult students) enrolled full-time at a school that the board administers when the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes; or
(b)
parents of students (other than adult students) likely to be enrolled full-time at an intermediate school that the board administers in the year after the year the election is held; or
(c)
adult students (other than adult students who are also parents of students so enrolled) enrolled full-time at a school administered by the board when the roll for the election closes.
Compare: 1989 No 3 s 5(2), (3)
Section 96(1): amended, on 1 January 1992, by section 14(a) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 96(1): amended, on 1 January 1992, by section 14(b) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 96(2): amended, on 1 January 1992, by section 14(a) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 96(2): amended, on 1 January 1992, by section 14(b) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 96(3): amended, on 1 January 1992, by section 14(a) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 96(3): amended, on 1 January 1992, by section 14(b) of the Education Amendment Act (No 4) 1991 (1991 No 136).
97 Staff and student representatives
(1)
A staff representative on a board shall be a person (other than the principal) who, on the day on which the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes, is a member of the board staff, elected by people (other than principals) who are members of the board staff on that day.
(2)
A student representative on a board shall be a person who, on the day on which the roll for the election (or, where there is a supplementary roll, the supplementary roll) closes, is a student (other than an adult student) enrolled full-time in a class in form 3 or above at a school or institution administered by the board, elected by students (other than adult students) enrolled full-time in a class in form 3 or above at a school or institution administered by the board.
Compare: 1989 No 3 s 5(4), (6)
Section 97(2): amended, on 8 July 2000, by section 13 of the Education Amendment Act 2000 (2000 No 21).
98 Boards of newly established schools
(1)
Despite section 94, the trustees of the board of a newly established State school are,—
(a)
at the option of the Minister,—
(i)
5 people appointed by the Minister; or
(ii)
5 people elected by the parents of students (other than adult students) likely to be enrolled at the school in the year it opens or the next year; and
(b)
the principal or principal designate (if any); and
(c)
not more than 4 people co-opted by the board.
(2)
Subsection (1) continues to apply to the membership of the board until the trustees go out of office under subsection (3).
(3)
A trustee appointed, elected, or co-opted under subsection (1) goes out of office—
(a)
at the close of the day before the date on which the trustees who have been elected under section 101 take office under section 102; or
(b)
at the close of the day before the date on which the trustees who have been elected, appointed, or co-opted in accordance with a notice issued under section 98A take office.
(4)
Subject to section 103, any trustee appointed, elected, or co-opted under subsection (1) is eligible to be appointed, elected, or co-opted as a trustee.
Section 98: replaced, on 13 June 2013, by section 19 of the Education Amendment Act 2013 (2013 No 34).
Section 98(3)(b): amended, on 19 May 2017, by section 80 of the Education (Update) Amendment Act 2017 (2017 No 20).
98A Minister may approve alternative constitution in certain cases
(1)
The Minister may from time to time, by notice in the Gazette, approve an alternative constitution under this section for the board of a State school, or a combined board of State schools.
(2)
The Minister may not approve an alternative constitution for a board unless the Minister has reasonable cause to believe that an alternative constitution is in the best interests of the school or schools governed by the board.
(3)
Subject to subsections (2) and (4), the Minister may not approve an alternative constitution unless—
(a)
1 of the following applies:
(i)
the Chief Review Officer (as defined in section 2(1)), in a written report, recommends that the Minister consider devising an alternative constitution; or
(ii)
20% or more of the parents of children enrolled at the school or schools have requested an alternative constitution; or
(iii)
the board (or if a board has been replaced by a commissioner, that commissioner) has requested an alternative constitution; or
(iv)
the Minister has required the board to have an alternative constitution under section 110(1D) or 110A(3); and
(b)
the Minister has consulted such persons or organisations as the Minister considers appropriate.
(4)
Subsection (3) does not apply if—
(a)
the alternative constitution is the successor constitution for a board that was appointed or elected under section 98(1); or
(b)
the alternative constitution is approved for a combined board before the date specified in a notice under section 110(1); or
(c)
the alternative constitution is for the board of a continuing school and the Minister has given notice under section 156A(4)(b).
(5)
In the case of a State integrated school, the Minister must consult the proprietor of the school when conducting the consultation required under subsection (3)(b).
(6)
A constitution approved under this section applies instead of a constitution under section 94.
Section 98A: inserted, on 19 May 2017, by section 81 of the Education (Update) Amendment Act 2017 (2017 No 20).
98B Consequences of approval of alternative constitution
(1)
If an alternative constitution is approved under section 98A(1), the notice made under that section must establish a board comprising 1 or more persons who are to be elected or appointed as trustees in the manner specified in the notice, and the notice may (without limitation)—
(a)
set out a procedure for any election, appointment, or co-option of trustees:
(b)
set out the manner in which vacancies are to be filled:
(c)
provide for the appointment of returning officers and set out their functions:
(d)
set out other formal and procedural provisions for the purposes of any election, appointment, or co-option of trustees.
(2)
(3)
In their application to a board that has an alternative constitution under section 98A, the other sections and any schedules of this Act relating to boards must be read subject to (and subject also to all modifications necessary to give effect to) section 98A and to this section.
Section 98B: inserted, on 19 May 2017, by section 81 of the Education (Update) Amendment Act 2017 (2017 No 20).
98C Actions of boards not to be questioned for informality in membership
The powers of a board are not affected by—
(a)
any vacancy in its membership; or
(b)
the discovery of any error or defect in the election, appointment, or co-option of any trustee; or
(c)
the fact that any elected, appointed, or co-opted trustee acted as a trustee while he or she was a person who may not (under section 103(1)) become an elected, appointed, or co-opted trustee; or
(d)
the fact that a person continued acting as a trustee after the person’s office as a trustee became vacant or (in the case of a person whose election as a trustee has been declared invalid under section 101D or by a court) before the person’s election was declared invalid.
Section 98C: inserted, on 19 May 2017, by section 81 of the Education (Update) Amendment Act 2017 (2017 No 20).
Co-opted and appointed trustees
Heading: inserted, on 19 May 2017, by section 81 of the Education (Update) Amendment Act 2017 (2017 No 20).
99 Criteria for selecting co-opted and appointed trustees
(1)
It is desirable, so far as is reasonably practicable,—
(a)
that every board should reflect—
(i)
the ethnic and socio-economic diversity of the student body of the school or institution; and
(ii)
the fact that approximately half the population of New Zealand is male and half female; and
(iii)
the character of the school or schools, or institution, it administers; and
(iv)
the character of the community (whether geographical or otherwise) served by the school or schools, or institution, it administers; and
(b)
that every board should have available from within its membership expertise and experience in management.
(2)
A board or person, when co-opting or appointing trustees, shall have regard to subsection (1).
Compare: 1989 No 3 s 9
Section 99(1): replaced, on 1 January 1992, by section 15 of the Education Amendment Act (No 4) 1991 (1991 No 136).
100 Limitations on co-option and appointment of trustees
(1)
A board must not co-opt a trustee if the effect of the co-option would be that the total number of trustees co-opted by the board or appointed was equal to or greater than the total number of parent representatives.
(2)
A board must not exercise its powers under section 94B(1)(c) or (d) if doing so could result in the board having a number of parent representatives that was not greater than the total number of trustees co-opted by the board or appointed.
(3)
No more than 1 non-permanently appointed member of the board staff may be co-opted to the board at any one time.
Section 100: replaced, on 19 May 2017, by section 82 of the Education (Update) Amendment Act 2017 (2017 No 20).
Elections of trustees
Heading: inserted, on 19 May 2017, by section 82 of the Education (Update) Amendment Act 2017 (2017 No 20).
101 Elections of trustees
(1)
Before 1 September in every year, the board of a State school or of a special institution, that is required to have a student representative, must fix a day in September in that year for the holding of an election for a student representative.
(2)
The board of a school or institution to which subsection (1) applies must hold an election of any student representative on the day fixed for that purpose under subsection (1).
(3)
Subject to subsection (5), in every election year a board shall hold 1 or more elections of other elected trustees.
(4)
Elections under subsection (3) must be held,—
(a)
in the case of a school that is not a correspondence school,—
(i)
on a date fixed by the board that is within the range of dates for those elections in that election year that is specified by the Minister by notice in the Gazette; or
(ii)
if the Minister has not, by notice in the Gazette published on or by 31 October in any year, specified a range of dates for those elections in that election year, on a date fixed by the board that is within the range of dates for those elections in the previous election year; and
(b)
in the case of a correspondence school, on the second Tuesday in July, unless the board, before 1 April in that year, fixes an earlier date for the election (being a date after 1 April).
(4A)
The notice referred to in subsection (4)(a) may specify different ranges of dates, for elections under subsection (3), for boards that have, and for schools that have not, adopted staggered election cycles under section 101A.
(5)
If—
(a)
the first elections of trustees for the board of a school established or integrated after the commencement of this section; or
(b)
elections under section 78P—
are held after 30 April in the year before an election year and before 31 December in the election year, the board shall not hold an election (or, as the case requires, another election) under subsection (3) in the election year.
(6)
Notwithstanding anything in sections 94 to 98, where there are to be held (pursuant to subsection (3) or section 78P, or in respect of a newly established or integrated school or institution) both—
(a)
an election of 1 or more parent representatives on a board; and
(b)
an election of 1 or more staff representatives on the board,—
no person may both stand or vote in one of the elections and stand or vote in the other.
(7)
Subject to subsections (8) and (8A), the first elections for and first meetings of boards of schools and institutions established or integrated after the commencement of this Act shall be held on days fixed by the Minister by notice in the Gazette.
(8)
The days fixed by the Minister under subsection (7) for the first elections for and first meeting of the board of a school integrated after the commencement of this Act shall be days before the day on which the integration of the school takes effect.
(8A)
If the Minister approves an alternative constitution for a newly established school under section 98A, subsection (7) does not apply and the first elections (if any) for, and the first meeting of, the board of such a school must be held in accordance with a notice under section 98A.
(9)
The first elections (if any) for and first meeting of the board of a special institution (being a special institution that was established before the commencement of this section but that had not had a first election or meeting before that commencement) shall be held on a day or days specified by the Minister by notice in the Gazette.
(10)
This section is subject to section 101A (which provides for the election of some parent representatives at the mid-point of an election cycle under this section), and to section 101AB (which provides that elections are not to be held when a school is under notice of closure).
Compare: 1989 No 3 s 11
Section 101(1): replaced, on 8 July 2000, by section 14(1) of the Education Amendment Act 2000 (2000 No 21).
Section 101(2): replaced, on 8 July 2000, by section 14(1) of the Education Amendment Act 2000 (2000 No 21).
Section 101(4): replaced, on 17 May 2006, by section 12 of the Education Amendment Act 2006 (2006 No 19).
Section 101(4)(a): replaced, on 20 May 2010, by section 26(1) of the Education Amendment Act 2010 (2010 No 25).
Section 101(4A): inserted, on 20 May 2010, by section 26(2) of the Education Amendment Act 2010 (2010 No 25).
Section 101(5): amended, on 19 May 2017, by section 83(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 101(5)(b): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
Section 101(6): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
Section 101(7): amended, on 13 June 2013, by section 20(1) of the Education Amendment Act 2013 (2013 No 34).
Section 101(8A): inserted, on 13 June 2013, by section 20(2) of the Education Amendment Act 2013 (2013 No 34).
Section 101(8A): amended, on 19 May 2017, by section 83(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 101(10): inserted, on 8 July 2000, by section 14(2) of the Education Amendment Act 2000 (2000 No 21).
Section 101(10): amended, on 20 May 2010, by section 26(3) of the Education Amendment Act 2010 (2010 No 25).
101A Staggered elections for parent representatives
(1)
This section and section 101B apply to the election of trustees who are parent representatives.
(2)
A board may decide, in accordance with this section, to adopt a staggered election cycle in which half the number of its parent representatives are elected at an election held at a mid-term election, and the remainder are elected at an election held in an election year.
(3)
For the purposes of subsection (2), if there is an odd number of parent representatives on the board, half the number of its parent representatives means the highest whole number less than half the total number of parent representatives.
(4)
A board that has decided to adopt a staggered election cycle must—
(a)
hold a mid-term election in the month that is 18 months after the month in which the election in the preceding election year was held; and
(b)
conduct every mid-term election in accordance with the provisions of this Part and any regulations under this Act relating to the election of trustees (modified as necessary to give effect to this section and section 101B).
(5)
If the board’s decision under subsection (2) is made at a time when the next election due to be held is in an election year, the board must ensure that at that election the nomination forms and voting papers indicate which nominees are standing for 18 months and which are standing for 3 years.
(6)
If the board’s decision under subsection (2) is made within 18 months after an election in an election year, the board must decide which of its parent representatives will stand down at the mid-term election; and that decision must be by consensus of the parent representatives or, if consensus cannot be reached, by ballot of all the parent representatives.
(7)
Every parent representative who, in accordance with subsection (6), is to stand down at a mid-term election, goes out of office at the close of the day before the day on which the successor takes office following the election.
(8)
A board that has a staggered election cycle may decide to revert to holding elections only in election years. In that case, at the next election held in an election year, all the parent representatives go out of office in accordance with section 102(8).
Section 101A: inserted, on 8 July 2000, by section 15 of the Education Amendment Act 2000 (2000 No 21).
101AB Election not to be held when school under notice of closure
Nothing in this Act requires or permits the board of any school or special institution to hold an election for a student representative or other elected trustee if the date for the election calculated in accordance with section 101 or 101A (as the case may be) is after the date of any notice in the Gazette that, in accordance with section 154(2), specifies a day for the school’s closure.
Section 101AB: inserted, on 20 May 2010, by section 27 of the Education Amendment Act 2010 (2010 No 25).
101B Consultation requirements for staggered elections of parent representatives
(1)
Every decision under section 101A(2) must be made by the board by resolution passed at a meeting of the board open to all parents of students enrolled at the school or schools administered by the board.
(2)
Before making a decision under section 101A(2), a board must take reasonable steps to ensure that the parents of students enrolled at the school or schools administered by the board have reasonable notice of—
(a)
the time, day, and place of the meeting of the board at which the decision is to be made; and
(b)
the nature of the decision; and
(c)
the fact that they have a right to attend the meeting.
Section 101B: inserted, on 8 July 2000, by section 15 of the Education Amendment Act 2000 (2000 No 21).
101C Provisions relating to board with staggered election cycle where commissioner appointed
(1)
This section applies if a commissioner has been appointed in place of a board that has, or has decided to have, a staggered election cycle, and the commissioner has appointed a date under section 78P for the holding of elections of trustees for a new board.
(2)
Despite anything in section 102, the nomination forms and voting forms for the election must show which nominees are standing only until the next election, and which are standing until the election after the next election.
(3)
Despite anything in section 102, trustees who are elected only until the next election go out of office at the close of the day before the day on which the successor takes office following the election.
(4)
If the date that the commissioner has appointed under section 78P is a date that is within 6 months before the date on which an election is due to be held, the board does not have to hold an election on that date and this section applies as if that election were not due to be held.
Section 101C: inserted, on 19 May 2017, by section 84 of the Education (Update) Amendment Act 2017 (2017 No 20).
101D Validation and invalidation of elections of boards
(1)
Subsection (2) applies if—
(a)
anything required to be done in connection with an election under this Act—
(i)
has been done after the time it is required to be done; or
(ii)
has not been done at all; or
(iii)
has been done irregularly; and
(b)
the Minister thinks the lateness, omission, or irregularity could not materially have affected the result of the election.
(2)
If this subsection applies, the Minister may, by notice in the Gazette, validate the lateness, omission, or irregularity.
(3)
Where anything required to be done in connection with an election under this Act cannot be done at or by the time at or by which it is required to be done, the Minister may, at any time, by notice in the Gazette, extend the time for doing it.
(4)
Subsection (5) applies if there occurs in connection with an election under this Act—
(a)
any lateness, omission, or irregularity that is capable of being validated under this section, but which the Minister thinks would be improper or undesirable to validate; or
(b)
any other irregularity that the Minister thinks could materially have affected the result of the election.
(5)
If this subsection applies to an election, the Minister may at any time within 60 days of the election, by notice in the Gazette,—
(a)
declare the election invalid; and
(b)
require a new election to be held on a day specified in the notice; and
(c)
declare that the trustees holding office on the date of the invalid election remain in office until the close of the day before the day on which the new trustees take office.
Section 101D: inserted, on 19 May 2017, by section 84 of the Education (Update) Amendment Act 2017 (2017 No 20).
Term of office of trustees
Heading: inserted, on 19 May 2017, by section 84 of the Education (Update) Amendment Act 2017 (2017 No 20).
102 Term of office
(1)
Elected trustees take office 7 days after their election, unless otherwise provided in this section.
(2)
Trustees elected for a board replacing a commissioner take office when the commissioner’s appointment ends.
(3)
[Repealed](4)
No trustee shall be co-opted until the board has a vacancy for a co-opted trustee; and a co-opted trustee shall take office when co-opted.
(5)
A trustee appointed when the board has a vacancy for a trustee appointed by the body or person concerned takes office on appointment.
(6)
Within 6 months before an appointed trustee’s term of office expires, the person or body by whom or which the trustee was appointed (or the successor to that person or body) may appoint a trustee to succeed that trustee (or reappoint that trustee); but—
(a)
the newly appointed trustee shall not take office until the day on which elected trustees take office under subsection (1); and
(b)
if on that day the person or body concerned is no longer entitled to appoint a successor to the trustee holding office when the newly appointed trustee was appointed, the newly appointed trustee’s appointment shall be deemed to have been void.
(7)
A trustee elected under section 101(2) shall go out of office 7 days after the day on which a further election under the said section 101(2) is held at the school or schools concerned.
(8)
Subject to subsection (9), all elected trustees (other than a trustee elected under section 101(2)) holding office at the close of the day before the day on which trustees take office under subsection (1) shall then go out of office.
(8A)
Subject to subsection (9), the appointment or co-option of a trustee may be for a term not exceeding 3 years.
(9)
If—
(a)
the first elections of trustees for a board; or
(b)
elections under section 78P,—
are held in an election year before 1 May, no trustee shall go out of office under subsection (8) or subsection (8A) in the election year.
(10)
A board may, when co-opting a trustee, specify a term of office for the trustee; and in that case—
(a)
if the term expires before the trustee goes out of office under subsection (8A), the trustee shall then go out of office; but
(b)
otherwise the trustee shall go out of office under that subsection.
(11)
This section is subject to sections 101A and 104.
Compare: 1989 No 3 s 12
Section 102(1): replaced, on 17 May 2006, by section 13(1) of the Education Amendment Act 2006 (2006 No 19).
Section 102(2): amended, on 20 May 2010, by section 28 of the Education Amendment Act 2010 (2010 No 25).
Section 102(3): repealed, on 17 May 2006, by section 13(2) of the Education Amendment Act 2006 (2006 No 19).
Section 102(6): amended, on 8 July 2000, by section 16(1) of the Education Amendment Act 2000 (2000 No 21).
Section 102(6)(a): amended, on 15 December 1994, by section 3(2)(b) of the Education Amendment Act 1994 (1994 No 148).
Section 102(7): amended, on 8 July 2000, by section 16(3)(a) of the Education Amendment Act 2000 (2000 No 21).
Section 102(8): amended, on 8 July 2000, by section 16(3)(b) of the Education Amendment Act 2000 (2000 No 21).
Section 108(8): amended, on 15 December 1994, by section 3(2)(c) of the Education Amendment Act 1994 (1994 No 148).
Section 102(8A): inserted, on 8 July 2000, by section 16(2) of the Education Amendment Act 2000 (2000 No 21).
Section 102(9): amended, on 8 July 2000, by section 16(3)(c) of the Education Amendment Act 2000 (2000 No 21).
Section 102(9): amended, on 15 December 1994, by section 3(2)(d) of the Education Amendment Act 1994 (1994 No 148).
Section 102(9)(b): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
Section 102(10)(a): amended, on 8 July 2000, by section 16(3)(d) of the Education Amendment Act 2000 (2000 No 21).
Section 102(11): amended, on 8 July 2000, by section 16(3)(e) of the Education Amendment Act 2000 (2000 No 21).
Eligibility to be trustee
Heading: inserted, on 19 May 2017, by section 85 of the Education (Update) Amendment Act 2017 (2017 No 20).
103 Certain persons ineligible to be trustees
(1)
A person who—
(a)
[Repealed](b)
[Repealed](c)
is an undischarged bankrupt; or
(d)
is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993; or
(da)
[Repealed](db)
is ineligible to be a trustee under section 103A(2); or
(dc)
is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
(dd)
is a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s—
(i)
competence to manage his or her own affairs in relation to his or her property; or
(ii)
capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
(de)
is a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or
(e)
is not a New Zealand citizen, and is—
(i)
a person to whom section 15 or 16 of the Immigration Act 2009 applies; or
(ii)
a person obliged by or under that Act or any other enactment to leave New Zealand immediately by or within a specified time (being a time that, when specified, was less than 12 months); or
(iii)
treated for the purposes of that Act as being unlawfully in New Zealand—
may not become an elected, appointed, or co-opted trustee.
(2)
[Repealed](2A)
[Repealed](3)
Any permanently appointed member of the board staff may, if otherwise eligible for election, be elected as a staff representative; but no permanently appointed member of the board staff may be otherwise elected to the board or be appointed or co-opted on to the board.
(4)
A non-permanently appointed member of the board staff may, if otherwise eligible, be elected, appointed, or co-opted on to the board.
(5)
No person who has been appointed returning officer for an election of trustees is eligible to be nominated as a candidate in the election.
Compare: 1989 No 3 s 13
Section 103(1)(a): repealed, on 8 July 2000, by section 17 of the Education Amendment Act 2000 (2000 No 21).
Section 103(1)(b): repealed, on 10 September 2008, by section 4(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 103(1)(c): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103(1)(d): replaced, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).
Section 103(1)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 103(1)(da): repealed, on 17 May 2006, by section 14(1) of the Education Amendment Act 2006 (2006 No 19).
Section 103(1)(db): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103(1)(dc): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103(1)(dd): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103(1)(de): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103(1)(e): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 103(2): repealed, on 8 July 2000, by section 17 of the Education Amendment Act 2000 (2000 No 21).
Section 103(2A): repealed, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).
Section 103(3): replaced, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).
Section 103(4): replaced, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).
103A Financial interests that disqualify persons from being trustees
(1)
In this section,—
contract, in relation to a board,—
(a)
means a contract made by any person directly with the board; and
(b)
includes any relationship with the board that is intended to constitute a contract but is not an enforceable contract; but
(c)
does not include any contract for the employment of any person as an officer or employee of the board
company means a company incorporated under the Companies Act 1993 or any former Companies Act or a society incorporated under the Industrial and Provident Societies Act 1908 or any former Industrial and Provident Societies Act
subcontract, in relation to any contract made by a board,—
(a)
means a subcontract made with the contractor under that contract, or with another subcontractor, to do any work or perform any service or supply any goods or do any other act to which the head contract relates; and
(b)
includes any subsidiary transaction relating to any such contract or subcontract.
(2)
A person is not capable of being a trustee of a board or a member of a committee of a board, if the total of all payments made or to be made by or on behalf of the board in respect of all contracts made by it in which that person is concerned or interested exceeds in any financial year—
(a)
the amount determined for the purpose by the Secretary, in consultation with the Auditor-General, by notice in the Gazette; or
(b)
in the absence of an amount determined under paragraph (a), $25,000.
(3)
For the purposes of subsection (2), a trustee or a member of a committee of a board is deemed to be concerned or interested in a contract made by a board with a company, if—
(a)
the trustee owns, whether directly or through a nominee, 10% or more of the issued capital of the company or of any other company controlling that company; or
(b)
the trustee is the managing director or the general manager (by whatever names they are called) of the company.
(4)
For the purposes of this section, a company is deemed to control another company if it owns 50% or more of the issued capital of that other company or is able to control the exercise of 50% or more of the total voting powers exercisable by all the members of that other company.
(5)
Despite anything in this section,—
(a)
a person is not disqualified under this section if the Secretary approves the contract at the request of the board, whether or not the contract is already entered into; and
(b)
the Secretary may, by notice in the Gazette, issue guidelines setting out the basis on which applications for approval under paragraph (a) will be considered.
Section 103A: inserted, on 25 October 2001, by section 16 of the Education Standards Act 2001 (2001 No 88).
103B Requirements before appointment
Before a person is elected, co-opted, or appointed as a trustee, the person must confirm to the board that he or she is, to the best of his or her knowledge, eligible to be a trustee, having regard to the grounds of ineligibility in section 103 or section 103A.
Section 103B: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 103B: amended, on 19 May 2017, by section 86 of the Education (Update) Amendment Act 2017 (2017 No 20).
Casual vacancies on boards
Heading: inserted, on 19 May 2017, by section 87 of the Education (Update) Amendment Act 2017 (2017 No 20).
104 When casual vacancies arise
(1)
When an elected, appointed, or co-opted trustee—
(a)
dies; or
(b)
resigns by written notice to the board; or
(c)
without the prior leave of the board, is absent from 3 consecutive meetings of the board; or
(d)
becomes a person who (in terms of section 103(1)) may not become an elected, appointed, or co-opted trustee,—
the trustee’s office becomes vacant.
(1A)
If a property order is made in respect of a trustee under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—
(a)
subsection (1)(d) does not apply to the trustee by virtue only of the making of that order; but
(b)
while the order remains in force, the trustee is deemed to have been granted leave of absence by the board and is not capable of acting as a trustee during that period.
(2)
When a trustee elected by the board staff ceases to be a member of the board staff, the trustee’s office becomes vacant.
(3)
On any day when—
(a)
already 1 co-opted trustee is a member of the board staff; and
(b)
a second co-opted trustee becomes a member of the board staff,—
the second trustee’s office becomes vacant.
(4)
When the board of a State integrated school receives a written notice from the school’s proprietors dismissing any trustee appointed by them, the trustee’s office becomes vacant.
(5)
When a trustee elected by students ceases to be enrolled full-time at the school or institution, the trustee’s office becomes vacant.
(6)
If—
(a)
at any election of trustees fewer persons are elected than there are vacancies to be filled; and
(b)
the board is not then dissolved,—
every unfilled vacancy is a casual vacancy, and shall be deemed to have arisen on the day on which the elected trustees take office.
Compare: 1989 No 3 s 14
Section 104(1A): inserted, on 10 September 2008, by section 4(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 104(4): amended, on 19 May 2017, by section 88 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 104(6): amended, on 19 December 1998, by section 28 of the Education Amendment Act (No 2) 1998 (1998 No 118).
105 Filling casual vacancies of elected trustees
(1)
Subject to subsections (2) to (9), every casual vacancy for an elected trustee shall be filled by the election of a trustee, in the same manner as that in which the vacating trustee was elected, for the residue of the vacating trustee’s term.
(2)
If no nominations are received for the election of a trustee by students, or no trustee is elected at such an election, the vacancy shall not be filled until the next election required to be held by section 101(2) or section 78P.
(3)
Where a casual vacancy for an elected trustee occurs during any period of 6 months commencing on 1 October in a year before an election year, the board may, not later than 28 days after it occurs, resolve not to fill it; and in that case it shall not be filled.
(4)
When a casual vacancy for an elected trustee occurs at any other time, the board must resolve, within 8 weeks of the vacancy occurring, whether to—
(a)
hold an election to fill the vacancy; or
(b)
fill the vacancy by selection.
(4A)
[Repealed](5)
If the board resolves to fill the vacancy by selection it must, within 14 days of the resolution, publish a notice in a newspaper circulating in the area stating that there is a vacancy and that the board proposes to fill it by selection.
(6)
A board may not resolve to fill a casual vacancy by selection if the effect would be that the number of elected parent representatives on the board is less than, or equal to, the number of parent representatives on the board who have not been elected.
(7)
Despite resolving to fill a vacancy by selection, the board must hold an election to fill the vacancy if, within 28 days of the publication of the notice referred to in subsection (5), a total of at least 10% of the people entitled to vote in an election for trustees advises the board, in writing, that they wish the vacancy to be filled by an election.
(8)
An election to fill a casual vacancy for an elected trustee must be held,—
(a)
if the board resolved under subsection (4)(a) to hold an election, on the 15th Friday after the date on which the vacancy occurred, or on any earlier date fixed by the board at least 6 weeks before the election date; or
(b)
if the board holds an election as a result of a request under subsection (7), on the tenth Friday after receiving the request, or on any earlier date fixed by the board at least 6 weeks before the election date.
(9)
If the board resolved under subsection (4) to fill a casual vacancy by selection, then, once the last date for lodging a request under subsection (7) has passed, the board must select a person within 6 weeks of that date, and the person selected takes office on the day of selection by the board.
(10)
This Act applies to a trustee selected under this section to fill a casual vacancy of an elected trustee as if the person had been elected, and every reference to an elected trustee (except in subsection (6)) includes a reference to a trustee so selected.
Section 105 heading: amended, on 17 May 2006, by section 15(1) of the Education Amendment Act 2006 (2006 No 19).
Section 105(1): amended, on 17 May 2006, by section 15(2) of the Education Amendment Act 2006 (2006 No 19).
Section 105(2): amended, on 25 October 2001, by section 82(1) of the Education Standards Act 2001 (2001 No 88).
Section 105(3): amended, on 15 December 1994, by section 3(3) of the Education Amendment Act 1994 (1994 No 148).
Section 105(4): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(4A): repealed, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(5): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(6): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(7): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(8): replaced, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(9): inserted, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
Section 105(10): inserted, on 17 May 2006, by section 15(3) of the Education Amendment Act 2006 (2006 No 19).
105A Minister may approve alternative constitution in certain cases
[Repealed]Section 105A: repealed, on 19 May 2017, by section 89(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
106 Commissioner may be appointed if board inactive or trustees too few
[Repealed]Section 106: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).
107 Minister may dissolve board for cause, and direct appointment of commissioner
[Repealed]Section 107: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).
108 Consultation with proprietors of integrated school
[Repealed]Section 108: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).
109 Commissioners
[Repealed]Section 109: repealed, on 25 October 2001, by section 22 of the Education Standards Act 2001 (2001 No 88).
109A Provisions relating to board with staggered election cycle where commissioner appointed
[Repealed]Section 109A: repealed, on 19 May 2017, by section 89(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Combining and splitting boards
Heading: inserted, on 19 May 2017, by section 89(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
110 Boards may combine
(1)
The Minister may, by notice in the Gazette, establish a single board (a combined board) to administer a number of schools or institutions, with effect from a date specified in the notice.
(1A)
The Minister may establish a combined board if the restrictions in section 111 are met and the Minister—
(a)
is satisfied of the matters in subsection (1B); or
(b)
has reasonable cause to believe the circumstances in subsection (1C) exist and has consulted—
(i)
the boards concerned; and
(ii)
in the case of a State integrated school, the proprietor of that school.
(1B)
For the purposes of subsection (1A)(a), the matters are that—
(a)
each of the boards concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at its schools or institutions about combining with the other boards; and
(b)
the consultation that has taken place has been adequate in all the circumstances; and
(c)
the proposed combined board is appropriate in all the circumstances.
(1C)
For the purposes of subsection (1A)(b), the circumstances are that the Minister must have reasonable cause to believe that—
(a)
there are serious problems with the governance of 1 or more of the schools or institutions concerned; and
(b)
those problems could be addressed by the combined board.
(1D)
When establishing a combined board for 4 or more schools, the Minister may require the combined board to have an alternative constitution.
(2)
Subject to subsection (3), this Act shall apply to a combined board as if—
(a)
the board had been in existence immediately before the day on which the notice establishing it was published; and
(b)
every trustee had resigned on that day.
(3)
Until the day specified in the notice establishing a combined board,—
(a)
it shall have no powers, functions, duties, or rights; and
(b)
the existing boards shall continue in existence as if the combined board had not been established.
(4)
On the day specified in the notice establishing a combined board, all rights, assets, liabilities, and debts of the existing boards shall become rights, assets, liabilities, and debts of the combined board.
Section 110(1): replaced, on 19 May 2017, by section 90 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 110(1A): inserted, on 19 May 2017, by section 90 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 110(1B): inserted, on 19 May 2017, by section 90 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 110(1C): inserted, on 19 May 2017, by section 90 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 110(1D): inserted, on 19 May 2017, by section 90 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 110(3)(b): amended, on 17 May 2006, by section 16(2) of the Education Amendment Act 2006 (2006 No 19).
Section 110(4): amended, on 17 May 2006, by section 16(2) of the Education Amendment Act 2006 (2006 No 19).
110A Minister may combine boards at establishment
(1)
A Minister may, by notice in the Gazette, establish a combined board for 2 or more schools that are newly established under section 146.
(2)
The combined board is the board of a newly established school for the purposes of section 98.
(3)
When establishing a combined board of 4 or more schools, the Minister may require the combined board to have an alternative constitution.
Section 110A: inserted, on 20 May 2010, by section 29 of the Education Amendment Act 2010 (2010 No 25).
Section 110A(3): inserted, on 19 May 2017, by section 91 of the Education (Update) Amendment Act 2017 (2017 No 20).
111 Restrictions on combining
(1)
No board that administers a special institution may combine with a board that does not.
(2)
[Repealed](3)
No board that administers a State integrated school may combine with a board that does not.
(4)
No board that administers a State integrated school may combine with any other board unless all the schools they administer have the same proprietors.
(5)
A board of a designated character school may only combine with a board of another designated character school and only if both schools have substantially the same aims, purposes, and objectives (that are required to be specified under section 156).
(6)
A board of a Kura Kaupapa Māori may only combine with another board of a Kura Kaupapa Māori.
Section 111(2): repealed, on 8 July 2000, by section 21 of the Education Amendment Act 2000 (2000 No 21).
Section 111(3): amended, on 19 May 2017, by section 92(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 111(4): amended, on 19 May 2017, by section 92(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 111(5): inserted, on 19 May 2017, by section 92(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 111(6): inserted, on 19 May 2017, by section 92(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
112 Minister may split combined board
(1)
If satisfied, after consulting the Review Office and the board concerned, that in all the circumstances it is appropriate for a combined board to be split, the Minister may, by notice in the Gazette, establish 2 or more boards for the schools or institutions the combined board administers, with effect on a date specified in the notice.
(2)
If any of the boards established by a notice under subsection (1) is a combined board, the notice shall specify the schools or institutions it is to administer.
(3)
Subject to subsection (4) and section 112A, this Act shall apply to a board established by a notice under subsection (1) as if—
(a)
the board had been in existence immediately before the day on which the notice was published; and
(b)
every trustee had resigned on the day.
(4)
Until the day specified in a notice under subsection (1) establishing 2 or more boards,—
(a)
the boards established shall have no powers, functions, duties, or rights; and
(b)
the combined board they replace shall continue in existence as if they had not been established.
Section 112(3): amended, on 20 May 2010, by section 30 of the Education Amendment Act 2010 (2010 No 25).
112A Splitting boards that were combined at establishment
(1)
A Minister who, under section 112(1), is splitting a board that was combined under section 110A at establishment for 2 or more schools may designate 1 of the boards established under section 112(1) as being identical to the board that was established under section 110A, except that it need not be a combined board.
(2)
A board that is designated under subsection (1) is to be treated, for the purposes of section 98, as if it were the board of a newly established school.
(3)
This section overrides section 112(3)(b) and (4)(a).
Section 112A: inserted, on 20 May 2010, by section 31 of the Education Amendment Act 2010 (2010 No 25).
113 Property held in trust
(1)
Where any property is, on the day a notice under section 112(1) is published, held in trust by the combined board of the schools or institutions to which the notice relates, the following provisions apply:
(a)
the board shall, within 28 days of the day specified in the notice, notify Public Trust of the existence and nature of the trust; and Public Trust shall forthwith notify the Secretary:
(b)
Public Trust shall take all reasonable steps to try to consult the board, within 70 days of the day specified in the notice, as to—
(i)
how the property should vest; and
(ii)
the extent (if any) to which the trust should otherwise be modified:
(c)
on the 70th day after the day specified in the notice the property shall vest in Public Trust:
(d)
as soon as is practicable after becoming aware that the property has vested, Public Trust, after consulting the boards established by the notice, as to—
(i)
how the property should vest; and
(ii)
the extent (if any) to which the trust concerned should otherwise be modified,—
shall devise and send to the Solicitor-General a scheme to modify the trust.
(2)
Where any property is, on the day a notice under section 112(1) is published, held in trust for the combined board of the schools or institutions to which the notice relates (otherwise than by the board), the following provisions apply:
(a)
the person who holds the property shall, within 28 days of the day specified in the notice, notify Public Trust of the existence and nature of the trust; and Public Trust shall forthwith notify the Secretary:
(b)
Public Trust shall take all reasonable steps to try to consult the person, within 70 days of the day specified in the notice, as to—
(i)
which of the boards established by the notice the property (or any part of it) should be held for; and if more than 1, how; and
(ii)
the extent (if any) to which the trust should otherwise be modified:
(c)
on the 70th day after the day specified in the notice the property shall vest in Public Trust:
(d)
as soon as is practicable after becoming aware that the property has vested, Public Trust, after consulting the boards established by the notice, as to—
(i)
whether all or any of the property should be held for them and if so which of it, which of them, and in what proportions; and
(ii)
the extent (if any) to which the trust should otherwise be modified,—
Public Trust shall devise and send to the Solicitor-General a scheme to modify the trust.
(3)
Where, on the day a notice under section 112(1) is published, any trust (being a trust established by an enactment, instrument, or will, that requires or requests the trustees to consult, notify, or act only with the approval or concurrence of, a combined board of the schools or institutions to which a notice under section 112(1) relates) exists, the following provisions apply:
(a)
the trustees may apply to Public Trust for directions as to which boards established by the notice should act (jointly or severally) in place of the combined board; and in that case Public Trust shall devise and send to the Solicitor-General draft directions to the trustees; and
(b)
the trustees shall not take any action for which consultation, notification, approval, or concurrence, is required or requested except in accordance with—
(i)
directions approved under this section; or
(ii)
directions given by the Solicitor-General in circumstances that appear to constitute an emergency; or
(iii)
(4)
Within 90 days (or any longer period the Solicitor-General and Public Trust in any case, before the expiration of that period, agree) of being notified of a scheme or draft directions under this section, the Solicitor-General may, by written notice to Public Trust,—
(a)
approve the scheme or directions (as originally notified by Public Trust, or with amendments agreed by Public Trust); or
(b)
suggest amendments to the scheme or directions; or
(c)
direct that the scheme should not proceed, or that the directions should not be given; and in that case the matter shall be dealt with under the Charitable Trusts Act 1957.
(5)
If within 90 days (or any longer period agreed under subsection (4)) of being notified of a scheme or draft directions under this section, the Solicitor-General does not under that subsection approve the scheme or directions, or direct that the scheme or directions should not proceed, the Solicitor-General shall be deemed to have approved the scheme or directions.
(6)
If the Solicitor-General approves a scheme under this section, Public Trust shall, in accordance with it,—
(a)
by notice in the Gazette, modify the trust concerned; and
(b)
take all steps necessary to effect any necessary transfers of the property concerned.
(7)
If the Solicitor-General approves any draft directions under this section,—
(a)
Public Trust shall give them to the trustees concerned; and
(b)
they shall have effect according to their tenor.
(8)
Every scheme, draft direction, and suggested and agreed amendment, under this section shall be such that, in the opinion of Public Trust or the Solicitor-General (as the case may be),—
(a)
it best gives effect to the intentions of the testator, settlor, or other person or body by whom or which the trust concerned was established; and
(b)
subject to paragraph (a), it effects the minimum change necessary to enable the trust concerned to operate satisfactorily in the light of—
(i)
the splitting of the former combined board; and
(ii)
the establishment of the new boards concerned; and
(iii)
any transfers of property effected or to be effected.
(9)
The reasonable costs of Public Trust in acting under this section shall be paid out of money appropriated by Parliament for the purpose.
Compare: 1989 No 3 s 19
Section 113(1)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(1)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(1)(c): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(1)(d): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(2)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(2)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(2)(c): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(2)(d): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(3)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(4)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(6): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(7)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(8): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 113(9): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
114 Allocation of employees after combined board split
Every notice under section 112(1) shall specify one of the boards it establishes as the residual employer of the employees of the combined board to which it relates; and—
(a)
subject to paragraph (b), the people who were, immediately before the day specified in the notice, employees of the combined board shall on that day become employees of the board specified; and their service in the employment of the combined board shall be treated for all purposes as service in the employment of the board specified; and
(b)
before that day, the Secretary may, by written notice to any employee of the combined board, specify one of the boards the notice establishes as the board by which the employee is to become employed; and in that case, if the employee is still employed by the combined board immediately before that day,—
(i)
the employee shall on that day become an employee of the board specified; and
(ii)
the employee’s service in the employment of the combined board shall be treated for all purposes as service in the employment of the board specified.
Compare: 1989 No 3 s 21
115 Transfer of assets of split combined board
(1)
Subject to sections 113 and 114,—
(a)
all rights, assets, liabilities and debts that a combined board split by a notice under section 112 had immediately before the day specified in the notice shall be deemed to have become rights, assets, liabilities, and debts of the boards established by the notice; and
(b)
any property that, immediately before it became an asset of a board under this section, was subject to a trust, shall vest in the board subject to the trust.
(2)
Subject to sections 113 and 114, if any dispute arises as to whether any right, asset, liability, or debt has, under subsection (1), become a right, asset, liability, or debt of one board or another, the dispute shall be referred to the Secretary; and
(a)
the Secretary shall attempt by mediation to bring the parties to the dispute to an agreement; but
(b)
where, in the Secretary’s opinion, further mediation is unlikely to achieve agreement, the Secretary shall determine the dispute, and the determination shall be final.
Compare: 1989 No 3 s 22
116 Each school to be represented on combined board
(1)
In an election for parent representatives on a combined board,—
(a)
each candidate shall be nominated in respect of 1 school or institution the board administers; and
(b)
the highest polling candidate nominated in respect of each school or institution shall become a trustee, regardless of the votes cast for the other candidates.
(2)
[Repealed]Section 116(1)(a): amended, on 19 December 1998, by section 31(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 116(2): repealed, on 19 December 1998, by section 31(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).
116A Appointment of principal of combined board
[Repealed]Section 116A: repealed, on 29 October 2016, by section 21 of the Education Legislation Act 2016 (2016 No 72).
Miscellaneous provisions
Heading: inserted, on 19 May 2017, by section 93 of the Education (Update) Amendment Act 2017 (2017 No 20).
117 Other provisions applying to boards
The provisions set out in Schedule 6 apply to boards.
Compare: 1989 No 3 s 18
118 Regulations about board elections
(1)
Subject to section 116, the Governor-General may, by Order in Council, make regulations prescribing either or both of the following matters:
(a)
the manner in which elections of trustees are to be held:
(b)
subject to subsection (3), the manner in which returning officers are to be appointed for the purpose of the election of trustees.
(2)
Regulations made under this Act may—
(a)
provide for persons forbidden by section 101(6) to participate in 2 elections to choose the election in which they prefer to stand, vote, or both; and
(b)
provide for persons who do not exercise their choice within the time or in the manner provided for to be restricted to standing, voting, or both, in only 1 election; and
(c)
require a person who has chosen or been restricted to 1 election to continue to be restricted to elections of the kind concerned if elections are later held to fill casual vacancies.
(3)
No person who has been nominated for election to a board is eligible to be appointed returning officer for the election.
Compare: 1989 No 3 s 20
Section 118 heading: replaced, on 19 May 2017, by section 94 of the Education (Update) Amendment Act 2017 (2017 No 20).
118A Regulations about planning, implementation, monitoring, and reporting
(1)
The Governor-General may, by Order in Council, make regulations that make provision for 1 or more of the following:
(a)
the development of school strategic plans and annual implementation plans under clauses 7 to 10 of Schedule 6; and
(b)
the monitoring of and reporting of a board’s performance under clause 11 of Schedule 6; and
(c)
the monitoring of and reporting on the performance of a school’s students under section 62; and
(d)
the preparation and delivery of statements of variance and annual reports under section 87.
(2)
Without limiting subsection (1), the regulations may make provision in relation to 1 or more of the following:
(a)
the form of plans:
(b)
matters that must be dealt with in plans:
(c)
when plans must be prepared or submitted:
(d)
requirements for consultation in the development and implementation of plans:
(da)
requirements for how and when plans are amended or expire:
(e)
the information that must be included in a statement of variance under section 87(1)(a):
(f)
the form of statements of variance:
(g)
the information that must be included in an annual report under section 87(2)(a):
(h)
the form and contents of annual reports, including financial statements:
(i)
the form of reports on the performance of a school’s students:
(j)
the information that must be included in reports on the performance of a school’s students:
(k)
any other matters contemplated by, or necessary for giving full effect to, any of the following provisions:
(i)
section 60A(1)(c):
(ii)
section 62:
(iii)
sections 87 to 87AB:
(iv)
clauses 7 to 11 of Schedule 6.
Section 118A: inserted, on 14 May 2019, by section 95 of the Education (Update) Amendment Act 2017 (2017 No 20).
119 Savings
Every reference in any—
(a)
Act, regulation, or other enactment; or
(b)
contract, agreement, deed, instrument, application, lease, licence, notice, award, or other document entered into, made, granted, given, or executed before 18 May 1989,—
to the school committee, committee of management, or board of governors of a primary, secondary, composite, or special school shall be read as a reference to the school’s board.
Compare: 1989 No 3 s 22(3)(b)
Part 10 Teacher registration
[Repealed]Part 10: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
120 Interpretation
[Repealed]Section 120: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Restrictions on appointment and employment of teaching staff[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
120A Restrictions on appointment of teachers
[Repealed]Section 120A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
120B Restrictions on continued employment of teachers
[Repealed]Section 120B: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
120C Restrictions on activities of teachers whose practising certificate or limited authority to teach subject to interim suspension
[Repealed]Section 120C: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Teacher registration[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
121 Applications for registration as teacher
[Repealed]Section 121: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
122 Full registration
[Repealed]Section 122: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
123 Provisional registration
[Repealed]Section 123: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
124 Registration of experienced teachers
[Repealed]Section 124: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
124A Determining whether or not training satisfactory
[Repealed]Section 124A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
124B Determining good character and fitness to be teacher
[Repealed]Section 124B: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
125 Determining whether or not employment satisfactorily completed
[Repealed]Section 125: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
126 Appeals from decisions of Teachers Council
[Repealed]Section 126: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
127 Expiry of teacher registration
[Repealed]Section 127: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
127A Voluntary deregistration
[Repealed]Section 127A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
128 Teachers Council to keep register
[Repealed]Section 128: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
128A Matching of register information and information about payment of teacher salaries at payrolled schools
[Repealed]Section 128A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
129 Cancellation of registration as teacher and cancellation of limited authority to teach
[Repealed]Section 129: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
129A Reclassification of teacher’s registration
[Repealed]Section 129A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130 Practising certificates
[Repealed]Section 130: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Limited authority to teach[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130A Purpose of limited authority to teach
[Repealed]Section 130A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130B Limited authority to teach
[Repealed]Section 130B: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130C Determining character and likely teaching ability
[Repealed]Section 130C: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130D Appeals from decisions
[Repealed]Section 130D: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130E Period of authorisation
[Repealed]Section 130E: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130F Teachers Council to keep list
[Repealed]Section 130F: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
130G Cancellation of authorisation
[Repealed]Section 130G: repealed, on 1 September 2004, by section 32 of the Education Standards Act 2001 (2001 No 88).
130H Fees and costs
[Repealed]Section 130H: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Teacher Registration Board[Repealed]
Heading: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
131 Teacher Registration Board
[Repealed]Section 131: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
132 Membership of Registration Board
[Repealed]Section 132: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
133 Certain people ineligible to be members
[Repealed]Section 133: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
134 Co-opted members
[Repealed]Section 134: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
135 Powers of Registration Board
[Repealed]Section 135: repealed, on 1 February 2002, by section 33 of the Education Standards Act 2001 (2001 No 88).
135A Teachers Council may disclose certain information
[Repealed]Section 135A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
136 Teachers Council may charge fees and impose costs
[Repealed]Section 136: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
137 Offences
[Repealed]Section 137: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
138 Council to notify cancellations
[Repealed]Section 138: repealed, on 1 September 2004, by section 35 of the Education Standards Act 2001 (2001 No 88).
138A Notification of convictions
[Repealed]Section 138A: repealed, on 1 September 2004, by section 36 of the Education Standards Act 2001 (2001 No 88).
138B Notification by certain employers
[Repealed]Section 138B: repealed, on 1 September 2004, by section 36 of the Education Standards Act 2001 (2001 No 88).
139 Transitional provisions
[Repealed]Section 139: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Part 10A New Zealand Teachers Council
[Repealed]Part 10A: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AA Purpose of Part
[Repealed]Section 139AA: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AB Interpretation
[Repealed]Section 139AB: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Teachers Council[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AC New Zealand Teachers Council established
[Repealed]Section 139AC: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AD Composition of Teachers Council
[Repealed]Section 139AD: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AE Functions of Teachers Council
[Repealed]Section 139AE: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AF Powers of Teachers Council
[Repealed]Section 139AF: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AG Ministerial directions
[Repealed]Section 139AG: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AH Advisory groups
[Repealed]Section 139AH: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AI Code of ethics
[Repealed]Section 139AI: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AJ Teachers Council to make rules
[Repealed]Section 139AJ: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AJA Delegations
[Repealed]Section 139AJA: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AJB Chief executive
[Repealed]Section 139AJB: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AJC Superannuation
[Repealed]Section 139AJC: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Mandatory reporting[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AK Mandatory reporting of dismissals and resignations
[Repealed]Section 139AK: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AL Mandatory reporting of complaints received about former employees
[Repealed]Section 139AL: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AM Mandatory reporting of possible serious misconduct
[Repealed]Section 139AM: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AN Mandatory reporting of failure to reach required level of competence
[Repealed]Section 139AN: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AO Offence to fail to report
[Repealed]Section 139AO: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AP Mandatory reporting of convictions
[Repealed]Section 139AP: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Disciplinary functions[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AQ Disciplinary bodies
[Repealed]Section 139AQ: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AR Complaints of misconduct
[Repealed]Section 139AR: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AS Complaints and reports relating to teacher conduct
[Repealed]Section 139AS: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AT Powers of Complaints Assessment Committee
[Repealed]Section 139AT: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AU Interim suspension until matter about or involving possible serious misconduct concluded
[Repealed]Section 139AU: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AUA Duration of interim suspension
[Repealed]Section 139AUA: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AV Investigation by Complaints Assessment Committee of reports of convictions
[Repealed]Section 139AV: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AW Powers of Disciplinary Tribunal
[Repealed]Section 139AW: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AX Evidence at hearings
[Repealed]Section 139AX: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AY Powers of Disciplinary Tribunal in relation to witnesses
[Repealed]Section 139AY: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZ Offences
[Repealed]Section 139AZ: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZA Privileges and immunities
[Repealed]Section 139AZA: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZB Appeals
[Repealed]Section 139AZB: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Review of competence[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZC Complaints about competence
[Repealed]Section 139AZC: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZCA Investigation of mandatory reports about competence
[Repealed]Section 139AZCA: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZCB Powers of Teachers Council after finding required level of competence not attained
[Repealed]Section 139AZCB: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Police vetting[Repealed]
Heading: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
139AZD Teachers Council must co-ordinate Police vetting
[Repealed]Section 139AZD: repealed, on 1 July 2015, by section 6 of the Education Amendment Act 2015 (2015 No 1).
Part 11 Miscellaneous
139A No corporal punishment in early childhood services or registered schools
(1)
No person who—
(a)
is employed by a board (within the meaning of section 2(1)) at or in respect of a school or institution administered by the board; or
(b)
is employed by the managers of a school registered under section 35A at or in respect of the school; or
(ba)
[Repealed](c)
is employed at an early childhood service (as defined in section 309); or
(d)
owns, manages, or controls an early childhood service (as so defined),—
shall use force, by way of correction or punishment, towards any student or child enrolled at or attending the school, institution, or service.
(2)
No person who is supervising or controlling—
(a)
on behalf of a board (within the meaning of section 2(1)) any student enrolled at or attending a school or institution administered by the board; or
(b)
on behalf of the managers of a school registered under section 35A any student enrolled at or attending the school; or
(ba)
[Repealed](c)
on behalf of the service provider of an early childhood service (as defined in section 309) any child enrolled at or attending the service,—
shall use force, by way of correction or punishment, towards the student or child.
Section 139A: inserted, on 23 July 1990, by section 28(1) of the Education Amendment Act 1990 (1990 No 60).
Section 139A heading: amended, on 1 December 2008, by section 26(1) of the Education Amendment Act 2006 (2006 No 19).
Section 139A(1): amended, on 1 December 2008, by section 26(3) of the Education Amendment Act 2006 (2006 No 19).
Section 139A(1): amended, on 21 June 2007, by section 6(2) of the Crimes (Substituted Section 59) Amendment Act 2007 (2007 No 18).
Section 139A(1)(b): amended, on 21 December 2010, by section 27(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 139A(1)(ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 139A(1)(c): replaced, on 1 December 2008, by section 26(2) of the Education Amendment Act 2006 (2006 No 19).
Section 139A(1)(d): replaced, on 1 December 2008, by section 26(2) of the Education Amendment Act 2006 (2006 No 19).
Section 139A(2): amended, on 21 June 2007, by section 6(2) of the Crimes (Substituted Section 59) Amendment Act 2007 (2007 No 18).
Section 139A(2)(b): amended, on 21 December 2010, by section 27(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 139A(2)(ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 139A(2)(c): replaced, on 1 December 2008, by section 26(4) of the Education Amendment Act 2006 (2006 No 19).
139AB No seclusion at or on behalf of registered school or early childhood service
(1)
A person to whom this section applies must not seclude any student or child who is enrolled at or attending a registered school or an early childhood service.
(2)
This section applies to a teacher or any other person who is—
(a)
employed by a board; or
(b)
employed by the managers of a school registered under section 35A; or
(c)
[Repealed](d)
employed or engaged by the service provider of an early childhood service; or
(e)
providing education or care to children attending an early childhood service; or
(f)
supervising or controlling any student or child on behalf of—
(i)
a board; or
(ii)
the managers of a school registered under section 35A; or
(iii)
[Repealed](iv)
the service provider of an early childhood service.
(3)
In this section,—
early childhood service has the meaning given to it by section 309
seclude, in relation to a student or child, means to place the student or child involuntarily alone in a room from which he or she cannot freely exit or from which the student or child believes that he or she cannot freely exit
service provider has the meaning given to it by section 309.
Section 139AB: inserted, on 19 May 2017, by section 96 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 139AB(2)(c): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 139AB(2)(f)(iii): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
139AC Limits on use of physical restraint in schools
(1)
A teacher or authorised staff member must not physically restrain a student unless—
(a)
the teacher or staff member reasonably believes that the safety of the student or of any other person is at serious and imminent risk; and
(b)
the physical restraint is reasonable and proportionate in the circumstances.
(2)
In this section and in sections 139AD and 139AE,—
authorised staff member means an employee of a registered school who is authorised by the employer to use physical restraint in accordance with this section
employer means—
(a)
a board:
(b)
the managers of a school registered under section 35A
(c)
[Repealed]physically restrain, in relation to a student, means to use physical force to prevent, restrict, or subdue the movement of the student’s body or part of the student’s body
teacher means a person who holds a teaching position (as defined in section 348) at a registered school.
Section 139AC: inserted, on 19 May 2017, by section 96 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 139AC(2) employer paragraph (c): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
139AD Rules on physical restraint
(1)
The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, teachers, and authorised staff members in relation to physical restraint.
(2)
The rules must include—
(a)
requirements to keep written records on the use of physical restraint, including requirements to notify, monitor, and report on the use of physical restraint; and
(b)
a procedure for authorising staff members to use physical restraint in accordance with section 139AC.
(3)
Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Section 139AD: inserted, on 19 May 2017, by section 96 of the Education (Update) Amendment Act 2017 (2017 No 20).
139AE Guidelines on physical restraint
(1)
The Secretary must, by notice in the Gazette, issue guidelines on the use of physical restraint in registered schools.
(2)
The guidelines must include—
(a)
best practice examples for the use of physical restraint; and
(b)
other examples of best practice in behaviour management.
(3)
Employers, principals, teachers, and authorised staff members must have regard to the guidelines.
Section 139AE: inserted, on 19 May 2017, by section 96 of the Education (Update) Amendment Act 2017 (2017 No 20).
139AAA Surrender and retention of property
(1)
This section applies if a teacher or an authorised staff member has reasonable grounds to believe that a student has hidden or in clear view on or about the student’s person, or in any bag or other container under the student’s control, an item that is likely to—
(a)
endanger the safety of any person; or
(b)
detrimentally affect the learning environment.
(2)
If this section applies, the teacher or authorised staff member may require the student to produce and surrender the item.
(3)
If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the student—
(a)
to reveal the item:
(b)
to surrender the computer or other electronic device on which the item is stored.
(4)
A teacher or an authorised staff member may do either or both of the following to an item surrendered under this section:
(a)
retain the item for a reasonable period:
(b)
dispose of the item (if appropriate).
(5)
A teacher or an authorised staff member may retain a computer or other electronic device surrendered under subsection (3)(b) for a reasonable period.
(6)
If an item or a computer or other electronic device is retained under this section, it must be stored in an appropriate manner.
(7)
At the end of any period of retention, any computer or other electronic device, or any item that is not disposed of under subsection (4)(b), must be—
(a)
returned to the student; or
(b)
passed to another person or agency, as appropriate.
(8)
A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 139AAH.
(9)
In this section and sections 139AAB to 139AAI, unless the context otherwise requires,—
authorised staff member means an employee of a board who is authorised by that board,—
(a)
when used in this section, to exercise powers under this section; and
(b)
when used in section 139AAB, to exercise powers under that section
item includes information stored in electronic form
student includes a person under the supervision of a teacher, whether or not the person is enrolled at the school at which the teacher is employed
teacher means a person employed at a State school in a teaching position (within the meaning of section 120).
(10)
An authorisation referred to in the definition of authorised staff member in subsection (9) must be in writing and may be subject to conditions.
Section 139AAA: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAB Searches of clothing and bags or other containers
(1)
This section applies if—
(a)
a teacher or an authorised staff member has reasonable grounds to believe that a student has on or about the student’s person, or in any bag or other container under the student’s control, a harmful item; and
(b)
the teacher or authorised staff member has required the student to produce and surrender the harmful item under section 139AAA and the student has refused to produce and surrender it.
(2)
If this section applies, the teacher or authorised staff member may do any of the following:
(a)
require the student to remove any outer clothing, except where the student has no other clothing, or only underclothing, under that outer clothing:
(b)
require the student to remove any head covering, gloves, footwear, or socks:
(c)
require the student to surrender the bag or other container.
(3)
The teacher or authorised staff member may search any clothing or footwear removed, and any bag or other container surrendered, under subsection (2).
(4)
If, during a search under this section, the teacher or authorised staff member finds a harmful item or an item that is likely to detrimentally affect the learning environment, the item may be seized by the teacher or authorised staff member and section 139AAA(4) to (7) apply with any necessary modifications.
(5)
A teacher or an authorised staff member who exercises a power under this section must comply with any rules made under section 139AAH.
(6)
In this section, section 139AAD, and section 139AAF,—
harmful item means an item that a teacher or an authorised staff member has reasonable grounds to believe poses an immediate threat to the physical or emotional safety of any person
outer clothing includes, without limitation, any coat, jacket, jumper, or cardigan
socks does not include tights or stockings.
Section 139AAB: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAC Restrictions on searches under section 139AAB
(1)
A teacher or an authorised staff member who carries out a search under section 139AAB must carry out the search with decency and sensitivity and in a manner that affords the student the greatest degree of privacy and dignity consistent with the purpose of the search.
(2)
Unless impracticable, a search under section 139AAB must be carried out—
(a)
by a teacher or an authorised staff member who is of the same sex as the student; and
(b)
in the presence of the student and another teacher or authorised staff member who is of the same sex as the student.
(3)
Unless impracticable, a search under section 139AAB must not be carried out in the view of any person other than the person carrying out the search, the student, and another teacher or authorised staff member.
(4)
A teacher or an authorised staff member who carries out a search under section 139AAB must—
(a)
return any clothing or footwear removed and any bag or other container surrendered as soon as the search is completed; and
(b)
keep a written record of any items seized under section 139AAB(4).
Section 139AAC: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAD Limitations on sections 139AAA and 139AAB
(1)
Nothing in section 139AAA or 139AAB permits a teacher or staff member—
(a)
to search any student; or
(b)
to use physical force against a student; or
(c)
to require a student to provide a bodily sample (but a teacher or staff member may encourage a student to participate in a voluntary drug treatment programme that involves testing of bodily samples).
(2)
Nothing in section 139AAA or 139AAB permits a teacher or an authorised staff member to have a dog with him or her for the purpose of exercising a power under that section.
(3)
The powers set out in sections 139AAA and 139AAB may not be exercised in relation to 2 or more students together unless the teacher or authorised staff member has reasonable grounds to believe that each student has an item specified in section 139AAA(1) or a harmful item on or about his or her person, or in any bag or other container under his or her control.
(4)
Nothing in subsection (1) limits or affects sections 15 and 17 of this Act or sections 41, 48, and 59 of the Crimes Act 1961.
(5)
In this section,—
rub-down search means a search in which the person conducting the search—
(a)
runs or pats his or her hand over the body of the person being searched, whether outside or inside the clothing of the person being searched:
(b)
inserts his or her hand inside any pocket or pouch in the clothing of the person being searched
search, in relation to a student, includes—
(a)
a strip search; and
(b)
a rub-down search
strip search means a search where the person conducting the search requires the person being searched to—
(a)
remove any of the latter person’s clothing other than outer clothing, head covering, gloves, footwear, or socks; or
(b)
raise, lower, or open all or any part of the latter person’s clothing.
Section 139AAD: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAE Prohibitions on searches by contractors
(1)
(2)
However, a contractor may bring a dog that is trained for the purpose of searching to a school and use the dog for the purpose of searching school property (including lockers, desks, or other receptacles provided to students for storage purposes).
(3)
In this section, contractor has the meaning given by section 78CA(2).
Section 139AAE: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAF Refusal to reveal, produce, or surrender item
(1)
If a student refuses to reveal, produce, or surrender an item or computer or other electronic device under section 139AAA(2) or (3), a teacher or an authorised staff member may take any disciplinary steps, or steps to manage the student’s behaviour, that the teacher or authorised staff member considers reasonable.
(2)
If a student refuses to remove any outer clothing, head covering, gloves, footwear, or socks or to surrender a bag or other container under section 139AAB(2), a teacher or an authorised staff member may take any disciplinary steps, or steps to manage the student’s behaviour, that the teacher or authorised staff member considers reasonable.
Section 139AAF: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAG Power to search storage containers not affected
Nothing in section 139AAA or 139AAB limits or affects any power to search any locker, desk, or other receptacle provided to students for storage purposes.
Section 139AAG: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAH Rules about surrender and retention of property and searches
(1)
The Secretary must make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, teachers, and authorised staff members under sections 139AAA to 139AAF, including, without limitation, rules—
(a)
providing for the keeping of written records relating to the use of the powers under section 139AAA; and
(b)
prescribing requirements relating to the keeping of written records under section 139AAB; and
(c)
prescribing the procedure for authorising staff members to exercise powers or carry out functions under sections 139AAA to 139AAI; and
(d)
specifying the circumstances in which items may be disposed of under section 139AAA(4)(b); and
(e)
setting out requirements for the storage of items and computers and other electronic devices under section 139AAA(6); and
(f)
making provision for the return of items and computers and other electronic devices under section 139AAA(7)(a).
(2)
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 139AAH: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139AAI Guidelines about surrender and retention of property and searches
(1)
The Secretary must issue guidelines for the exercise of powers and carrying out of functions under sections 139AAA to 139AAH.
(2)
Boards, principals, teachers, and authorised staff members must have regard to guidelines issued under subsection (1).
Section 139AAI: inserted, on 1 January 2014, by section 28 of the Education Amendment Act 2013 (2013 No 34).
139B Building Act 2004
(1)
Where any person making an inspection under this Act believes that any building or sitework does not comply with the Building Act 2004, that person shall by notice in writing give to the appropriate territorial authority details of the respects in which the building or sitework is believed not to comply.
(2)
For the purposes of this section, the terms building, sitework, and territorial authority, have the meanings ascribed to them by the Building Act 2004.
Section 139B: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 139B heading: replaced, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 139B(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
Section 139B(2): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
139C Offence of insulting, abusing, or intimidating staff
(1)
Every person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who intentionally insults, abuses, or intimidates a teacher or member of staff of a registered school—
(a)
within the presence or hearing of any student of the school; and
(b)
while on school premises, or in any other place where students of the school are assembled for school purposes.
(2)
However, no student of the school may be charged with an offence under subsection (1).
Compare: 1964 No 135 s 195
Section 139C: inserted, on 17 May 2006, by section 36 of the Education Amendment Act 2006 (2006 No 19).
Section 139C(1): amended, on 29 October 2016, by section 22 of the Education Legislation Act 2016 (2016 No 72).
Section 139C(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
139D School transport
(1)
The Secretary for Education may assist in the provision of school transport by doing any of the following:
(a)
paying schools to provide school transport to their students:
(b)
arranging transport providers to provide school transport:
(c)
contributing to the cost of parents providing school transport.
(2)
In this section,—
school means registered schools, early childhood services (as defined in section 120), and certified playgroups
school transport means the transport of students to and from school, to and from any educational activity approved by the Secretary, or both.
Compare: 1964 No 135 ss 201A–201D
Section 139D: inserted, on 17 May 2006, by section 36 of the Education Amendment Act 2006 (2006 No 19).
139E Bonds for trainee teachers
(1)
The Minister may enter into an agreement under this section with any person who undertakes teacher training.
(2)
The agreement must provide for—
(a)
payment by the Minister to the person of an amount of money on condition that the person will work in New Zealand as a teacher, on completion of the teacher training, for a specified period; and
(b)
an undertaking by the person that, if he or she defaults on the condition, he or she will repay (in full or on a pro-rata basis, as determined under the agreement) the amount paid under the agreement.
(3)
The Minister may require that the agreement be signed by a guarantor for the person, in which case the guarantor is jointly and severally liable with the person under the agreement.
(4)
[Repealed]Compare: 1964 No 135 s 197
Section 139E: inserted, on 17 May 2006, by section 36 of the Education Amendment Act 2006 (2006 No 19).
Section 139E(4): repealed, on 20 September 2007, by section 4 of the Education Amendment Act 2007 (2007 No 52).
140 Initial appointment of primary teachers
[Repealed]Section 140: repealed, on 19 December 1998, by section 32 of the Education Amendment Act (No 2) 1998 (1998 No 118).
141 Consequential amendments to Private Schools Conditional Integration Act 1975
[Repealed]Section 141: repealed, on 19 May 2017, by section 97 of the Education (Update) Amendment Act 2017 (2017 No 20).
142 Other consequential amendments, repeals, revocations, and savings
(1)
The provisions of the Education Act 1964 specified in Schedule 9 are hereby consequentially amended in the manner indicated in it.
(2)
The enactments specified in Schedule 10 are hereby consequentially amended in the manner indicated in it.
(3)
The enactments specified in Schedule 11 are hereby consequentially repealed.
(4)
The regulations specified in Schedule 12 are hereby consequentially revoked.
(5)
The repeal by subsection (3) of section 12 of the Education Amendment Act 1932–33 does not affect the proviso to section 2 of the Wellington College and Girls’ High School Act 1887.
143 Education boards and secondary schools councils abolished
(1)
Every education board and secondary schools council established, or deemed to have been established, under the Education Act 1964 is hereby abolished.
(2)
All rights, assets, liabilities, and debts that an education board or secondary schools council had immediately before the commencement of this section shall be deemed to have become rights, assets, liabilities, and debts of the Minister.
(3)
[Repealed](4)
Notwithstanding subsection (2), where rights and liabilities under a contract of an education board or secondary schools council have become rights and liabilities of the Minister, the Minister may, by notice in writing to the other party or parties to the contract and to the board or boards concerned, declare the board or boards to be successors to the education board or secondary schools council in relation to the contract; and in that case, all the Minister’s rights and liabilities under the contract shall be deemed to have become rights and liabilities of the board or boards.
(5)
For the avoidance of doubt, it is hereby declared that the Minister may, without further authority than this section, give or transfer to, or vest in, the board of a school formerly administered by an education board or secondary schools council any asset (including land)—
(a)
formerly owned by the education board or secondary schools council; and
(b)
vested in the Minister by subsection (2),—
unincumbered, or subject to any incumbrance.
Section 143(3): repealed, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).
Section 143(5): inserted, on 23 July 1990, by section 29 of the Education Amendment Act 1990 (1990 No 60).
144 Department of Education abolished
(1)
The Department of Education that existed immediately before the commencement of this Part is hereby abolished.
(2)
All references in—
(a)
any Act, regulation, or other enactment, passed, made or enacted before the commencement of this Part; or
(b)
any contract, agreement, deed, instrument, application, licence, notice, or other document entered into, made, granted, given, or executed before that commencement,—
to the Department of Education, or to the Director-General or Director of Education, shall be read, respectively, as references to the Ministry or the Secretary.
144A Secretary may require information for proper administration of Act
(1AAA)
The Secretary may, by written notice that complies with subsection (1AAB), require any of the following individuals or bodies to provide information:
(a)
the board of any State school (within the meaning of section 2(1)):
(b)
[Repealed](c)
[Repealed](d)
the service provider who operates any licensed early childhood service (within the meaning of section 309) or any certificated playgroup:
(e)
the managers of any school registered under section 35A.
(1AAB)
The notice must specify the information required and the time period within which it must be provided.
(1)
The individual or body concerned must, within the specified time period, provide all information required that is reasonably necessary or desirable for the Secretary to have for the proper administration of this Act.
(1A)
Information required by the Secretary under this section that identifies individuals may be used only for the following purposes:
(a)
statistical purposes:
(b)
ensuring that institutions and students receive relevant resourcing:
(c)
monitoring, and ensuring students’ rights in respect of, enrolment and attendance.
(2)
For the purposes of the provisions of this Act relating to the registration and inspection of private schools, the following information is relevant to the question of whether or not a school meets the criteria for registration as a private school:
(a)
information that is required under this section to be given to the Secretary; and
(b)
information that is reasonably necessary or desirable for the Secretary to have for the proper administration of this Act.
Section 144A: inserted, on 23 July 1990, by section 30 of the Education Amendment Act 1990 (1990 No 60).
Section 144A heading: amended, on 25 October 2001, by section 38(1) of the Education Standards Act 2001 (2001 No 88).
Section 144A(1AAA): inserted, on 14 May 2019, by section 98(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 144A(1AAB): inserted, on 14 May 2019, by section 98(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 144A(1): replaced, on 14 May 2019, by section 98(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 144A(1A): inserted, on 25 October 2001, by section 38(3) of the Education Standards Act 2001 (2001 No 88).
Section 144A(2): replaced, on 21 December 2010, by section 28(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 144A(2)(a): amended, on 14 May 2019, by section 98(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
144B Purpose of sections 144C to 144E
The purpose of sections 144C to 144E is to help ensure the safety of students who board at hostels.
Section 144B: inserted, on 25 October 2001, by section 39 of the Education Standards Act 2001 (2001 No 88).
144C Regulations about school hostels
(1)
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
(a)
adopting minimum standards that apply to hostel premises and facilities:
(b)
adopting codes of practice relating to the management of hostels:
(c)
prescribing offences for failing to comply with minimum standards or codes of practice adopted by regulations, and providing for a penalty on conviction for any such offence to be a fine not exceeding $10,000:
(d)
providing for exemptions from the application of minimum standards or codes of practice:
(e)
prescribing a system of licensing for hostels, which may include provisions—
(i)
providing for different sorts of licences:
(ii)
setting out the conditions to be met before a licence may be issued:
(iii)
prescribing the circumstances in which conditions may be imposed on a licence:
(iv)
setting out the conditions or type of conditions that may attach to a licence:
(v)
prohibiting students from boarding at an unlicensed hostel:
(vi)
prohibiting the payment of a boarding bursary, or any government subsidy relating to the cost of boarding at a hostel, in respect of a student boarding at an unlicensed hostel:
(vii)
prescribing offences for failure to comply with all or any licence conditions, and providing for a penalty on conviction for any such offence to be a fine not exceeding $10,000:
(viii)
providing for the suspension or cancellation of any licence:
(ix)
establishing a licensing body:
(x)
prescribing fees payable on application for, or renewal of, a licence, and for the return or refund of any fees in specified circumstances:
(f)
establishing a complaints procedure relating to complaints by students, parents, or boards about hostels:
(g)
providing for any other matters necessary or expedient for giving effect to the purpose described in section 144B.
(2)
Regulations made under subsection (1) may relate to all hostels, individual hostels, hostels of specified classes, or parts of hostels.
Section 144C: inserted, on 25 October 2001, by section 39 of the Education Standards Act 2001 (2001 No 88).
Section 144C(1)(a): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Section 144C(1)(b): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Section 144C(1)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 144C(1)(e)(vii): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 144C(1)(f): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
144D Inspection of hostels
(1)
An authorised person may at any reasonable time do any or all of the following:
(a)
enter any hostel premises and inspect the premises and facilities:
(b)
inspect, and make and remove copies of, any information relating to the management of the hostel:
(c)
require any person at a hostel to make or provide statements, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the hostel.
(2)
An authorised person may exercise the powers in subsection (1) only for the purpose of monitoring compliance with minimum standards, codes of practice, licences, or licence conditions.
(3)
The person in charge (or apparent charge) of the hostel must, if an authorised person requests it, co-operate in allowing the authorised person access to the premises, facilities, and information relating to the management of the hostel, including assisting the authorised person to copy (in usable form) any information required for the inspection.
(4)
The person in charge (or apparent charge) of a hostel commits an offence and is liable upon conviction to a fine not exceeding $5,000 if he or she fails, without reasonable excuse, to comply with subsection (3).
(5)
An authorised person may not enter or inspect the room or sleeping area of a student accommodated at the hostel unless—
(a)
the authorised person believes on reasonable grounds that entry or inspection is necessary for a purpose specified in subsection (2); and
(b)
prior notice of the inspection is given to the student, and the purpose of the inspection is explained; and
(c)
the student is present during the inspection.
Section 144D: inserted, on 25 October 2001, by section 39 of the Education Standards Act 2001 (2001 No 88).
Section 144D(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
144E Authorised person for purpose of section 144D
(1)
The Minister may, by notice in writing, appoint any person as an authorised person for the purpose of exercising the powers in section 144D.
(2)
An authorisation under subsection (1) must state—
(a)
the name of the authorised person; and
(b)
the powers that he or she may exercise under section 144D; and
(c)
the date on which the authorisation was given, and the date (if any) on which it expires.
(3)
When an authorised person is exercising powers under section 144D, he or she must carry a copy of his or her authorisation, and must show it,—
(a)
on entering a hostel to be inspected, to the person in charge, or apparent charge, of the hostel; and
(b)
if the authorised person wishes to speak to any person in connection with the inspection, to that person.
Section 144E: inserted, on 25 October 2001, by section 39 of the Education Standards Act 2001 (2001 No 88).
Part 12 Establishment of schools
Part 12: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
145AAA Purpose of Part
The purpose of this Part is to—
(a)
enable the provision of a schooling network that assists parents to meet their obligations to enrol their children at school; and
(b)
assist the efficient and effective use of the government’s investment in schooling; and
(c)
recognise the role of diversity in the provision of schooling, including the provision of Māori medium education.
Section 145AAA: inserted, on 19 May 2017, by section 99 of the Education (Update) Amendment Act 2017 (2017 No 20).
145 Interpretation
(1)
In this Part, unless the context otherwise requires,—
board means a board of trustees constituted under Part 9; and, in relation to a State school, means the school’s board
composite school means a school established under section 146 as a composite school
correspondence school means a school for the time being designated under section 152(1) as a correspondence school
intermediate department means a department established under section 149
intermediate school means a school established under section 146 as an intermediate school
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
primary school means a school established under section 146 as a primary school or an intermediate school
secondary school means a school established under section 146 as a secondary school
Secretary means the chief executive of the Ministry
single sex school means a school maintained wholly or principally for students of one sex; and includes a school declared by notice under section 146A to be a boys’ school or a girls’ school
State integrated school has the same meaning as in section 2(1)
State school means a school that is a primary, composite, or secondary school
teachers college means a college established under section 106 of the Education Act 1964.
(2)
For the purposes of this Act,—
(aa)
every school—
(i)
that was, or is deemed by this subsection to have been, established under section 146; and
(ii)
that immediately before the commencement of the Education Amendment Act 1991 was a secondary school; and
(iii)
at which no male students (or female students) were enrolled in 1990,—
shall be deemed to have been established as a girls’ school (or a boys’ school) under section 146:
(a)
every school other than a composite school that was, on 31 December 1989, a primary school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 as a primary school:
(b)
every school other than a composite school that was, on 31 December 1989, a secondary school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 as a secondary school:
(c)
every department that was, on 31 December 1989, an intermediate department within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 149 as an intermediate department:
(d)
every school other than a composite school that was, on 31 December 1989, an intermediate school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 as an intermediate school:
(e)
every school that was, on 31 December 1989, a composite school within the meaning of section 2(1) of the Education Act 1964 shall be deemed to have been established under section 146 as a composite school.
Section 145: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 145(1) community education convener: repealed, on 20 June 1991, by section 11(3) of the Education Amendment Act 1991 (1991 No 43).
Section 145(1) correspondence school: inserted, on 19 December 1998, by section 33 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 145(1) integrated school: repealed, on 19 May 2017, by section 100(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 145(1) Minister: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 145(1) Ministry: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 145(1) single sex school: inserted, on 25 October 2001, by section 40 of the Education Standards Act 2001 (2001 No 88).
Section 145(1) State integrated school: inserted, on 19 May 2017, by section 100(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 145(2)(aa): inserted, on 20 June 1991, by section 9(3) of the Education Amendment Act 1991 (1991 No 43).
146 Minister may establish schools
(1)
Subject to section 157 and to subsection (2), the Minister may by notice in the Gazette—
(a)
describing the place where the school is to be located; and
(ab)
in the case of a secondary school, specifying whether it is a boys’ school, a girls’ school, or a co-educational school; and
(b)
specifying a name for the school,—
establish a new school.
(1A)
A decision to establish a school under subsection (1) is in the Minister’s absolute discretion.
(2)
Every new school established under this section shall be established as a primary, intermediate, secondary, or composite school; and the notice establishing it shall specify which class of school it is.
(3)
A notice under subsection (1) establishing a new school may specify the class levels for which education may be given at the school and may provide for different class levels to be phased in over a specified period or periods.
(4)
A notice under subsection (1) establishing a new primary school may designate the school as a contributing school.
(5)
Despite section 98 or 98A, the Minister may approve an alternative constitution when establishing a school.
Section 146: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 146(1)(ab): inserted, on 20 June 1991, by section 9(2) of the Education Amendment Act 1991 (1991 No 43).
Section 146(1A): inserted, on 19 May 2017, by section 101 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 146(3): inserted, on 19 December 1998, by section 34 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 146(4): inserted, on 19 December 1998, by section 34 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 146(5): inserted, on 24 October 2018, by section 9 of the Education Amendment Act 2018 (2018 No 40).
146A Single sex schools
(1)
Subject to section 157, the Minister may, by notice in the Gazette, declare any school to be a boys’ school, a girls’ school, or a co-educational school.
(2)
The declaration shall come into effect on the day 5 months after the first day of August after the notice is published.
(3)
Subject to section 157(2), the Minister may, by notice in the Gazette, limit, in relation to a specified single sex school,—
(a)
in the case of a boys’ school, the number of girls who may enrol at it, or the proportion of the total roll of the school that may be girls:
(b)
in the case of a girls’ school, the number of boys who may enrol at it, or the proportion of the total roll of the school that may be boys.
(4)
In setting limits on a school under subsection (3), the Minister must have regard to the necessity of safeguarding the single-sex nature of the school.
Section 146A: inserted, on 20 June 1991, by section 9(1) of the Education Amendment Act 1991 (1991 No 43).
Section 146A(1): amended, on 17 May 2006, by section 37 of the Education Amendment Act 2006 (2006 No 19).
Section 146A(3): inserted, on 25 October 2001, by section 41 of the Education Standards Act 2001 (2001 No 88).
Section 146A(4): inserted, on 25 October 2001, by section 41 of the Education Standards Act 2001 (2001 No 88).
147 Names of State schools
(1)
Subject to subsections (2) and (4), the name of a State school established after 31 December 1989 shall be the name specified in the notice establishing it.
(2)
Subject to subsection (4), the name of a State school whose class has been changed under section 153 shall be the name specified in the last notice changing its class.
(3)
Subject to subsections (2) and (4), the name of a State school established before 1 January 1990 shall be the name it had on 1 December 1989.
(4)
With the Secretary’s written consent, the board of a State school may, subject to section 156AA(3)(a)(i), by resolution, change the school’s name.
(5)
The Secretary shall not withhold consent to the change of a State school’s name unless satisfied that the proposed new or amended name is inappropriate.
Section 147: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 147(4): amended, on 19 May 2017, by section 102 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 147(5): amended, on 1 January 1992, by section 21 of the Education Amendment Act (No 4) 1991 (1991 No 136).
148 Normal schools, etc
(1)
Subject to section 157, the Minister may by notice in the Gazette—
(a)
designate 1 or more specified primary schools as normal or model schools for providers of pre-service teacher education:
(b)
designate within a specified primary school a normal or model school, or model class, for providers of pre-service teacher education:
(c)
revoke any designation under this section.
(2)
Nothing in subsection (1) applies to a State integrated school.
(3)
Every school that was on 31 December 1989 designated a normal or model school under section 72 of the Education Act 1964 shall be deemed to have been designated a normal school under this section.
(4)
Every normal or model school, or model class, that was on 31 December 1989 designated within a primary school under section 72 of the Education Act 1964 shall be deemed so to have been designated under this Act.
Compare: 1964 No 135 s 72
Section 148: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 148(1)(a): amended, on 19 December 1998, by section 35 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 148(1)(b): amended, on 19 December 1998, by section 35 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 148(2): amended, on 19 May 2017, by section 103 of the Education (Update) Amendment Act 2017 (2017 No 20).
149 Intermediate departments
Subject to section 157, the Minister may, by notice in the Gazette,—
(a)
establish an intermediate department—
(i)
within a composite school that is not a State integrated school; or
(ii)
to form part of a secondary school that is not a State integrated school; or
(b)
disestablish any intermediate department.
Compare: 1964 No 135 s 73
Section 149: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 149(a)(i): amended, on 19 May 2017, by section 104(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 149(a)(ii): amended, on 19 May 2017, by section 104(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
150 Contributing schools
(1)
Subject to section 157, and to Part 33, the Minister shall from time to time determine which primary schools are to be contributing schools.
(2)
Where the Minister determines that a primary school is to be or cease to be a contributing school, the Minister shall give the board of the primary school written notice of the determination.
(3)
Subject to subsection (4), while a primary school is a contributing school, the board shall limit the education given at the school to the education described in the syllabus for—
(a)
classes not higher than standard 4; and
(b)
where the Minister so allows in a notice under subsection (2), classes not higher than form 1.
(4)
If satisfied that there are enrolled at a contributing school students whose education at the school is wholly or in part bilingual, the Minister may, by written notice to the board specifying the languages concerned, permit the board to give education to such students in accordance with conditions specified in the notice.
(5)
Every school that was on 31 December 1989 a contributing school of any other school under section 74 of the Education Act 1964 shall be deemed so to have been designated under subsection (1).
(6)
This section applies to a school designated as a contributing school under section 146(4) as if the school had become a contributing school under subsection (1) and the Minister had given the school’s board the appropriate notice under subsection (2).
(7)
In determining that a school should be or should cease to be a contributing school, the Minister may provide for the provision of education at specified class levels to be phased in or phased out (as the case may require) over a specified period or periods.
Compare: 1964 No 135 s 74
Section 150: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 150(1): amended, on 19 May 2017, by section 105 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 150(1): amended, on 20 June 1991, by section 10(1)(a) of the Education Amendment Act 1991 (1991 No 43).
Section 150(2): amended, on 20 June 1991, by section 10(1)(b) of the Education Amendment Act 1991 (1991 No 43).
Section 150(6): inserted, on 19 December 1998, by section 36 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 150(7): inserted, on 19 December 1998, by section 36 of the Education Amendment Act (No 2) 1998 (1998 No 118).
151 Provision of education at composite schools
Subject to section 157, and to Part 33, the Minister may from time to time, by written notice to the board of a composite school, require the board to provide education for the class levels specified in the notice; and the board must provide education at the school accordingly.
Section 151: replaced, on 19 December 1998, by section 37 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 151: amended, on 19 May 2017, by section 106 of the Education (Update) Amendment Act 2017 (2017 No 20).
152 Correspondence schools
(1)
Subject to subsection (2), the Minister may, by notice in the Gazette,—
(a)
when establishing the school, or at any other time, designate a State school that is not an integrated school as a correspondence school; or
(b)
at any time, remove a designation under paragraph (a).
(2)
The Minister shall not designate a school as a correspondence school, or cancel a designation as a correspondence school, without having regard to the education of people unable conveniently to get tuition from a suitable State school that is not a correspondence school.
(3)
Subject to sections 102(7) and 104, where an existing State school is designated as a correspondence school, its board shall continue in office as constituted until a day specified by the Minister in the notice in the Gazette under section 95(1) determining the composition of its board, but shall go out of office on that day.
(4)
With the consent of the Minister, a correspondence school may provide early childhood education.
(5)
The school that was, immediately before the commencement of the Education Amendment Act 1989, a correspondence school shall be deemed to have been—
(a)
established under section 146 as a composite school; and
(b)
designated under subsection (1) as a correspondence school.
Compare: 1964 No 135 s 105
Section 152: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
153 Minister may change class of school
(1)
Subject to section 157, the Minister may, by notice in the Gazette,—
(a)
declare a composite school to be a primary, intermediate, or secondary school; or
(b)
declare a primary, intermediate, or secondary school to be a composite school; or
(c)
declare an intermediate school to be a primary or secondary school; or
(d)
declare a primary or secondary school to be an intermediate school.
(1A)
The Minister may, by notice in the Gazette, specify the class levels for which education must be given at a school (whether it is an existing school or a school whose class has been changed under subsection (1)) and provide for class levels to be phased in over a specified period or periods.
(1B)
A decision to change the class of a school under subsection (1) or to specify class levels (and, if relevant, to provide for the phasing in of these) under subsection (1A) is in the Minister’s absolute discretion.
(2)
Nothing in subsection (1) applies to a State integrated school.
(3)
A notice under subsection (1), shall specify a day (not earlier than the end of the term after the term during which the notice is published) on which it is to take effect; and the school shall become a school of the class concerned, and cease to be a school of the class it was, on the day specified.
(4)
Subject to sections 102(7) and 104, where an existing State school becomes a school of a different class, its board shall continue in office as constituted until the close of the seventh day after the first election following its change of class.
Section 153: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 153(1A): inserted, on 19 December 1998, by section 38(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 153(1B): inserted, on 19 May 2017, by section 108(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 153(2): amended, on 19 May 2017, by section 108(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 153(4): amended, on 17 May 2006, by section 11(2) of the Education Amendment Act 2006 (2006 No 19).
154 Closure of schools
(1)
Subject to section 157, and to section 438, where, after consulting the board of a State school, the Minister is satisfied that it should be closed, the Minister may, by written notice to the board, ask the board if it has any arguments in favour of the school’s staying open.
(2)
The Minister may, after considering all arguments (if any) received from the board within 28 days after it got notice under subsection (1), by notice in the Gazette specifying a day on which the school will close, close the school; and the school shall cease to be established on the day specified.
(2A)
If the board of a State school at any time advises or indicates to the Minister in writing that it agrees to or does not oppose the proposed closure of the school, the Minister may (despite anything in subsection (1) or subsection (2) and regardless of whether the Minister has formally begun or completed the necessary consultation under subsection (1)) close the school by notice under subsection (2) at any time on or after receiving the board’s written advice.
(2B)
A decision to close a school under subsection (2) is in the Minister’s absolute discretion.
(3)
Where a school is closed under this section,—
(a)
its board shall thereupon be deemed to have been dissolved; and
(b)
all assets, liabilities, and debts that the board had immediately before dissolution shall be deemed to have become assets, liabilities, and debts of the Minister.
(3A)
Without limiting the rights or privileges conferred on the Minister by subsection (3)(b), the following provisions apply to property that was, immediately before dissolution, held by the board in trust for the benefit of the school:
(a)
the Minister may at any time apply to Public Trust to devise a scheme to modify the trust for the benefit of another school:
(b)
if the Minister applies under paragraph (a) to Public Trust, subsections (2) to (7) of section 156C apply with any necessary modifications (as if the property were property to which that section applies).
(4)
A school that has been closed may not be reopened, except by being established again under this Act.
Section 154: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 154(1): amended, on 19 May 2017, by section 109(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 154(2A): inserted, on 19 December 1998, by section 39(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 154(2B): inserted, on 19 May 2017, by section 109(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 154(3A): inserted, on 19 December 1998, by section 39(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 154(3A)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 154(3A)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
154A Minister may redesignate, or remove designation from, schools
(1)
The Minister may, by notice in the Gazette, and after consultation with the board of the affected school, do any of the following:
(a)
designate a State school that is not a Kura Kaupapa Maori or a designated character school as a Kura Kaupapa Maori or a designated character school:
(b)
remove the designation of a Kura Kaupapa Maori and redesignate it as a designated character school:
(c)
remove the designation of a designated character school and redesignate it as a Kura Kaupapa Maori:
(d)
remove the designation of a Kura Kaupapa Maori or a designated character school while keeping the school established as a State school.
(2)
The designation or removal of designation of a school under this section takes effect on the date specified in the notice under subsection (1) and, on and from that date,—
(a)
section 156 applies to a school that is designated as a Kura Kaupapa Maori; and
(b)
section 156 applies to a school that is designated as a designated character school; and
(c)
section 156 ceases to apply to a school that has its designation as a Kura Kaupapa Maori removed; and
(d)
section 156 ceases to apply to a school that has its designation as a designated character school removed.
(3)
The notice under subsection (1) may prescribe a new name for the redesignated school.
(4)
Section 156 applies in respect of a school that is, or is to be, redesignated as a Kura Kaupapa Maori in the same way as it would apply if the school were being established as a Kura Kaupapa Maori.
(5)
No school may have its designation as a Kura Kaupapa Maori removed unless the Minister has first consulted with te kaitiaki o Te Aho Matua (as identified under section 155B).
(6)
No State school may be designated as a Kura Kaupapa Maori unless the Minister has first consulted with te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua (as defined in section 155A).
(7)
Section 156 applies in respect of a school that is, or is to be, redesignated as a designated character school in the same way as it would apply if the school were being established as a designated character school.
Section 154A: inserted, on 17 May 2006, by section 38 of the Education Amendment Act 2006 (2006 No 19).
Section 154A(2)(a): amended, on 19 May 2017, by section 110(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 154A(2)(c): amended, on 19 May 2017, by section 110(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 154(4): amended, on 19 May 2017, by section 110(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
155 Kura Kaupapa Maori
When establishing a State school as a designated character school under sections 156 and 156AA, the Minister may also designate that designated character school as a Kura Kaupapa Māori.
Section 155: replaced, on 19 May 2017, by section 111 of the Education (Update) Amendment Act 2017 (2017 No 20).
155A Te Aho Matua
(1)
Te Aho Matua is a statement that sets out an approach to teaching and learning that applies to schools designated under section 155.
(2)
The official version of Te Aho Matua is the statement (including any gazetted amendments) in te reo Maori that is—
(a)
prepared by te kaitiaki o Te Aho Matua (as defined in section 155B); and
(b)
published in the Gazette under the authority of the Minister.
(3)
The Minister may from time to time authorise the reprinting of all, or the amendment of any part, of Te Aho Matua in the Gazette, but only if asked to do so by te kaitiaki o Te Aho Matua.
(4)
When all, or an amendment to any part, of Te Aho Matua is published in the Gazette, the Minister must ensure that an explanation in English of Te Aho Matua, or of the amendment (as the case may be), is published in the same Gazette.
(5)
The explanation must be one that te kaitiaki o Te Aho Matua has approved as being an accurate interpretation of the meaning of the Maori text.
Section 155A: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
155B Te kaitiaki o Te Aho Matua
Te kaitiaki o Te Aho Matua is the body commonly known as Te Runanga Nui o Nga Kura Kaupapa Maori o Aotearoa, being the most suitable to be responsible for determining the content of Te Aho Matua, and for ensuring that it is not changed to the detriment of Maori.
Section 155B: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
155C Application of section 155
After the commencement of the Education (Te Aho Matua) Amendment Act 1999, the Minister may establish a school as a Kura Kaupapa Maori only in accordance with section 155 as substituted by that Act.
Section 155C: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
155D Provisions applying to Kura Kaupapa Maori established before commencement of Education (Te Aho Matua) Amendment Act 1999
(1)
In this section and section 155E,—
existing Kura means a Kura Kaupapa Maori established under section 155 before the commencement of the Education (Te Aho Matua) Amendment Act 1999
new section 155 means section 155 as substituted by the Education (Te Aho Matua) Amendment Act 1999.
(2)
After the commencement of this section, existing Kura remain established as Kura Kaupapa Maori even if they would not be entitled to be established under new section 155.
(3)
Section 156(6)(a)(i), (8), and (10) applies to all existing Kura.
(4)
In relation to an existing Kura other than one acknowledged under section 155E, the Minister may from time to time, after consultation with the board of the Kura, by notice in the Gazette, amend—
(a)
the aims, purposes, and objectives of the Kura; or
(b)
the constitution of the board.
(5)
In relation to an existing Kura other than one acknowledged under section 155E, the board of the Kura may refuse to enrol any person whose parents do not accept that the school operates in accordance with the school’s aims, purposes, and objectives.
Section 155D: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
Section 155D(3): amended, on 19 May 2017, by section 112 of the Education (Update) Amendment Act 2017 (2017 No 20).
155E Acknowledgment of adoption of Te Aho Matua
(1)
The Minister may from time to time, after consultation with the board of an existing Kura, by notice in the Gazette, acknowledge that the Kura operates in accordance with Te Aho Matua, and must, in the notice,—
(a)
replace the aims, purposes, and objectives of the Kura by a statement that the school will operate in accordance with Te Aho Matua (as referred to in section 156AA(3)(a)(ii)); and
(b)
summarise any special characteristics of the school (as referred to in section 156AA(3)(a)(iii)).
(2)
On publication of a notice under subsection (1), the Kura becomes subject to all the relevant provisions of section 156.
Section 155E: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
Section 155E(1)(a): amended, on 19 May 2017, by section 113(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 155E(1)(b): amended, on 19 May 2017, by section 113(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 155E(2): amended, on 19 May 2017, by section 113(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
155F Protection of term Kura Kaupapa Maori
(1)
No registered school may use the term Kura Kaupapa Maori in its name unless the school is established under section 156.
(2)
Subsection (1) does not apply to a registered school that, immediately before the commencement of this section, is not established under section 155 but uses the term Kura Kaupapa Maori in its name.
Section 155F: inserted, on 17 July 1999, by section 3 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
Section 155F(1): amended, on 19 May 2017, by section 114 of the Education (Update) Amendment Act 2017 (2017 No 20).
156 Designated character schools
(1)
When establishing a State school, the Minister may designate the school as a designated character school.
(2)
The Minister must do so in accordance with this section and section 156AA.
(3)
The Minister may in the Minister’s absolute discretion refuse to establish a designated character school.
(4)
The Minister may not establish a school as a designated character school unless satisfied that, if the school is established,—
(a)
for a school that will also be designated a Kura Kaupapa Māori under section 155,—
(i)
te reo Māori will be the principal language of instruction at the school; and
(ii)
the school will operate in accordance with Te Aho Matua (as defined in section 155A):
(b)
for any other type of designated character school, the school will have a character that is in some specific way or ways different from the character of ordinary State schools (its different character):
(c)
for any designated character school, it is desirable for students whose parents want them to do so to get such an education:
(d)
for any designated character school, students at the school will get an education of a kind that differs significantly from the education they would get at an ordinary State school.
(5)
The Minister may not also designate a designated character school as a Kura Kaupapa Māori unless he or she has first consulted te kaitiaki o Te Aho Matua on the ability of the school to operate in accordance with Te Aho Matua.
(6)
The board of a designated character school must ensure,—
(a)
for a Kura Kaupapa Māori, that—
(i)
te reo Māori is the principal language of instruction at the school; and
(ii)
the school operates in accordance with Te Aho Matua:
(b)
for any other type of designated character school, that—
(i)
the aims, purposes, and objectives of the school’s different character are set out in the school’s strategic plan under Schedule 6; and
(ii)
the school operates consistently with its different character.
(7)
A designated character school that is a Kura Kaupapa Māori may have other special characteristics that give it a particular character (its special characteristics).
(8)
The Secretary must from time to time, by written notice to a designated character school, fix a maximum roll of the school, and the board must ensure that the number of students enrolled at the school is not more than the maximum roll.
(9)
A board of a designated character school may refuse to enrol students whose parents do not accept,—
(a)
for a Kura Kaupapa Māori, that the school operates in accordance with Te Aho Matua:
(b)
for any other type of designated character school, that the school operates consistently with its different character.
(10)
Except as provided in this section and section 11PB, this Act and the Education Act 1964 apply to every designated character school as if it were not a designated character school.
Section 156: replaced, on 19 May 2017, by section 115 of the Education (Update) Amendment Act 2017 (2017 No 20).
156AA Process for establishing designated character schools
(1)
The Minister may, by notice in the Gazette when establishing a State school, designate the school as a designated character school (see section 156) and (if applicable) also designate a school as a Kura Kaupapa Māori (see section 155).
(2)
Before doing so, the Minister must be satisfied of the matters in section 156(4) and have undertaken consultation under section 156(5) (as relevant in each case).
(3)
The notice establishing a designated character school must,—
(a)
for a Kura Kaupapa Māori,—
(i)
specify the name of the school, which must at all times begin with the words “Te Kura Kaupapa Māori o”
; and
(ii)
state that the school will operate in accordance with Te Aho Matua; and
(iii)
summarise any other special characteristics of the school:
(b)
for any other type of designated character school, describe the different character of the school (as defined in section 156(4)(b)):
(c)
for any designated character school, state the constitution of the school’s board.
(3A)
The notice establishing a designated character school that is not a Kura Kaupapa Māori may also name a body that has a special affiliation with the school or has responsibility for the different character of the school.
(4)
The Minister may from time to time, after consultation with the board of a designated character school, by notice in the Gazette,—
(a)
for a Kura Kaupapa Māori,—
(i)
amend the name of the school (but not so as to omit the words “Te Kura Kaupapa Māori o”
):
(ii)
amend the summary of special characteristics of the school:
(b)
for any other type of designated character school,—
(i)
amend the description of the different character of the school:
(ii)
name a body that has a special affiliation with the school or has responsibility for the different character of the school:
(c)
for any designated character school, amend the statement of the constitution of the board.
(5)
The Minister must consult any body named under subsection (3A) or (4)(b)(ii) before amending the description of the school’s different character.
Section 156AA: inserted, on 19 May 2017, by section 115 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 156AA(3A): inserted, on 24 October 2018, by section 10(1) of the Education Amendment Act 2018 (2018 No 40).
Section 156AA(4)(b): replaced, on 24 October 2018, by section 10(2) of the Education Amendment Act 2018 (2018 No 40).
Section 156AA(5): inserted, on 24 October 2018, by section 10(3) of the Education Amendment Act 2018 (2018 No 40).
156A Minister may merge schools
(1)
Subject to sections 156B and 157, the Minister may, by notice in the Gazette, merge 1 or more State schools (merging schools) that are not State integrated schools with another State school (the continuing school) that is not a State integrated school, if the Minister is satisfied that—
(a)
each board of a school concerned has made reasonable efforts to consult the parents of students (other than adult students) enrolled full-time at the school about the proposed merger; and
(b)
the consultation that has taken place has been adequate in all the circumstances; and
(c)
the creation of a single school by the proposed merger is appropriate in the circumstances.
(1A)
A decision to merge a school under subsection (1) is in the Minister’s absolute discretion.
(2)
A notice under subsection (1) takes effect on a day (not earlier than the end of the term after the term during which the notice is published) specified in the notice, and has effect as follows:
(a)
the merging schools are part of the continuing school:
(b)
if the continuing school and each merging school are not already administered by a single board,—
(i)
the board of each merging school is dissolved; and
(ii)
all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:
(c)
the continuing school is a school of the class specified in the notice and provides education for the student class levels specified in the notice.
(3)
A notice under subsection (1) does not affect the name of the continuing school.
(4)
Before a notice under subsection (1) takes effect, the Minister must give notice in the Gazette of whether—
(a)
during the period between a date specified in the notice and the date on which new trustees take office following an election (the interim period), the board of the continuing school is to be—
(i)
the board of the continuing school plus co-opted trustees representing each merging school (a continuing board); or
(ii)
a board appointed by the Minister (an appointed board); or
(b)
the board of the continuing school is to have an alternative constitution approved under section 98A.
Section 156A: replaced, on 13 June 2013, by section 30 of the Education Amendment Act 2013 (2013 No 34).
Section 156A(1): amended, on 19 May 2017, by section 116(1)(a) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 156A(1): amended, on 19 May 2017, by section 116(1)(b) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 156A(1A): inserted, on 19 May 2017, by section 116(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 156A(4)(b): amended, on 19 May 2017, by section 116(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
156AB Election or appointment of boards of continuing schools
(1)
If the notice under section 156A(4) provides that the board of the continuing school is to be a continuing board,—
(a)
the board of the continuing school must, within 28 days after the date of that notice, co-opt at least 1 trustee in respect of each of the merging schools so that each merging school is represented on the continuing board; and
(b)
each of those co-opted trustees holds office until the end of the interim period (unless replaced earlier); and
(c)
section 100 (which limits the co-option and appointment of trustees) does not apply to trustees co-opted for an interim period.
(2)
If the notice under section 156A(4) provides that the board of the continuing school is to be an appointed board,—
(a)
the notice must specify the constitution of the appointed board during the interim period, including how many trustees (if any) the board may co-opt; and
(b)
the Minister is not bound by section 94 in determining the constitution of the appointed board.
(3)
When a board is appointed by the Minister,—
(a)
the trustees of the continuing school go out of office at the close of the day before the start of the interim period; and
(b)
the trustees of the appointed board take office on the date of the start of the interim period.
(4)
A continuing board or an appointed board may make decisions and exercise powers during the interim period both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.
(5)
Unless the board of the continuing school was (immediately before the merger took effect) a combined board established under section 110, an appointed board or a continuing board that replaces it must hold elections for a new board on a day that is not later than 3 months after the date the merger takes effect.
(6)
If an appointed board or a continuing board is required by subsection (5) to hold elections for a new board, all its elected, appointed, and co-opted trustees holding office immediately before the election day go out of office on the close of the day before the date on which the newly elected trustees are to take office.
(7)
If the merger takes effect after 31 October in the year before an election year and before 31 December in that election year, a board that is required to hold an election under subsection (5) does not have to hold the election until the next election year.
Section 156AB: inserted, on 13 June 2013, by section 30 of the Education Amendment Act 2013 (2013 No 34).
Section 156AB(1)(c): amended, on 19 May 2017, by section 117 of the Education (Update) Amendment Act 2017 (2017 No 20).
156AC Alternative constitutions for continuing schools
(1)
If a notice under section 156A(4) provides that the board of the continuing school is to have an alternative constitution approved under section 98A, the notice must specify the date on which the alternative constitution is to take effect.
(2)
The date in subsection (1) must be before the date that the notice under section 156A(1) takes effect.
(3)
The trustees of the continuing school go out of office at the close of the day before the date specified under subsection (1).
(4)
A board established under section 98A may make decisions and exercise powers both for the purposes of the continuing school before the merger and for the purpose of providing and preparing for the continuing school after the merger has taken effect.
Section 156AC: inserted, on 13 June 2013, by section 30 of the Education Amendment Act 2013 (2013 No 34).
Section 156AC(1): amended, on 19 May 2017, by section 118 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 156AC(4): amended, on 19 May 2017, by section 118 of the Education (Update) Amendment Act 2017 (2017 No 20).
156B Restrictions on mergers in certain cases
(1)
A Kura Kaupapa Maori established after the commencement of the Education (Te Aho Matua) Amendment Act 1999 may not merge or be merged with another Kura Kaupapa Maori or other school unless the schools involved in the merger—
(a)
operate in accordance with Te Aho Matua; and
(b)
use te reo Maori as the principal language of instruction.
(2)
Any other Kura Kaupapa Maori may merge with another school only if both schools use te reo Maori as the principal language of instruction and have the same aims, purposes, and objectives.
(3)
A designated character school may not merge or be merged with another designated character or other school unless the schools involved in the merger have the same aims, purposes, and objectives, being the aims, purposes, and objectives that constitute the way in which the character of each school is different from the character of ordinary State schools.
Section 156B: replaced, on 17 July 1999, by section 4 of the Education (Te Aho Matua) Amendment Act 1999 (1999 No 79).
156C Property held in trust
(1)
This section applies to any property that, immediately before 2 or more schools merged under section 156A, was held in trust—
(a)
by the board of 1 (or more) of those schools; or
(b)
for the benefit of—
(i)
1 (or more) of those schools; or
(ii)
the students or former students of 1 (or more) of those schools,—
by any other person or body.
(2)
All property to which this section applies continues to be subject to the trust concerned; but the person or body in whom it is vested may at any time apply to Public Trust to devise a scheme to modify the trust in the light of the merger of the schools concerned.
(3)
If satisfied that adequate arrangements have been made to meet the costs of doing so, Public Trust shall—
(a)
in consultation with the board concerned, devise; and
(b)
notify the Solicitor-General of,—
a scheme to modify any trust in respect of which Public Trust has received an application under this section.
(4)
Where Public Trust notifies the Solicitor-General of a scheme under this section,—
(a)
the Solicitor-General may, by written notice to Public Trust,—
(i)
approve the scheme (as originally notified by Public Trust or with amendments agreed by Public Trust after consultation with the board concerned); or
(ii)
suggest amendments to it; or
(iii)
direct that it should not proceed; and
(b)
if the Solicitor-General directs that it should not proceed, the matter may be dealt with under the Charitable Trusts Act 1957.
(5)
If, within 90 days of being notified of a scheme under this section, the Solicitor-General does not suggest amendments to it or direct that it should not proceed, the Solicitor-General shall be deemed to have approved it.
(6)
Where the Solicitor-General approves a scheme notified under this section, the trust concerned shall have effect accordingly.
(7)
The Solicitor-General shall not approve a scheme under this section unless satisfied that—
(a)
it modifies the trust concerned so as best to give effect to the intentions of the testator, settlor, or other person or body by whom or which the trust was established; and
(b)
subject to paragraph (a), it effects the minimum change necessary to enable the trust to operate successfully in the light of the merger of the schools concerned.
Section 156C: inserted, on 25 June 1993, by section 12 of the Education Amendment Act 1993 (1993 No 51).
Section 156C(2): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 156C(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 156C(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 156C(4)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 156C(4)(a)(i): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
157 Consultations
(1)
[Repealed](2)
The Minister shall not—
(aa)
declare a school to be a boys’ school, a girls’ school, or a co-educational school under section 146A(1); or
(ab)
set limits by notice under section 146A(3) on the number of girls who may attend a boys’ school, or boys who may attend a girls’ school; or
(a)
designate a primary school as a normal or model school under section 148(1)(a); or
(b)
designate a normal or model school or model class within a primary school under section 148(1)(b); or
(c)
revoke under paragraph (c) of subsection (1) of section 148 a designation under that subsection; or
(d)
establish or disestablish an intermediate department under section 149; or
(e)
determine under section 150(1) that a particular school is to be or cease to be a contributing school; or
(f)
limit under section 151 the education given at a composite school; or
(g)
change under section 153(1) the class of a school—
without consulting the board of the school concerned.
(3)
The Minister shall not—
(a)
establish a school under section 146(1); or
(aa)
declare a school to be a boys’ school, a girls’ school, or a co-educational school under section 146A(1); or
(b)
establish or disestablish an intermediate department under section 149; or
(c)
determine under section 150(1) that a primary school is to be or cease to be a contributing school; or
(d)
limit under section 151 the education given at a composite school; or
(e)
change under section 153(1) the class of a school; or
(f)
close a school under section 154; or
(fa)
redesignate, or remove a designation from, a school under section 154A; or
(g)
merge any school or schools with another under section 156A,—
unless subsection (3A) applies, without first consulting the boards of all State schools whose rolls might, in the opinion of the Minister, be affected if the Minister takes that action.
(3A)
Subsection (3)(f) and (g) does not apply if the relevant boards have already been consulted on a closure or merger option as part of a review of the provision of schooling in a particular area.
(4)
[Repealed]Section 157: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 157(1): repealed, on 20 June 1991, by section 11(2) of the Education Amendment Act 1991 (1991 No 43).
Section 157(2)(aa): inserted, on 20 June 1991, by section 9(4) of the Education Amendment Act 1991 (1991 No 43).
Section 157(2)(ab): inserted, on 25 October 2001, by section 42 of the Education Standards Act 2001 (2001 No 88).
Section 157(2)(e): amended, on 20 June 1991, by section 10(2) of the Education Amendment Act 1991 (1991 No 43).
Section 157(3): amended, on 19 May 2017, by section 119(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 157(3)(aa): inserted, on 20 June 1991, by section 9(5) of the Education Amendment Act 1991 (1991 No 43).
Section 157(3)(c): replaced, on 20 June 1991, by section 10(3) of the Education Amendment Act 1991 (1991 No 43).
Section 157(3)(f): replaced, on 1 January 1992, by section 23 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 157(3)(fa): inserted, on 17 May 2006, by section 41 of the Education Amendment Act 2006 (2006 No 19).
Section 157(3)(g): inserted, on 1 January 1992, by section 23 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 157(3A): inserted, on 19 May 2017, by section 119(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 157(4): repealed, on 20 June 1991, by section 11(2) of the Education Amendment Act 1991 (1991 No 43).
157A Community education forums
The Minister may at any time appoint a person to—
(a)
convene within a specified area public meetings relating to any action the Minister proposes to consider taking under this Part; and
(b)
advise the Minister on the views expressed at the meetings;—
and in that case the Minister may refuse to consider whether or not to take the action without—
(c)
giving the person reasonable time to convene the meetings and advise the Minister; and
(d)
considering any advice the person gives the Minister in that time.
Section 157A: inserted, on 20 June 1991, by section 11(1) of the Education Amendment Act 1991 (1991 No 43).
158 Provision by one board of tuition for students enrolled at school administered by another
(1)
By agreement between the boards concerned, students enrolled at a State school may receive tuition at or from another specified school.
(1A)
Despite section 79, the board of the State school at which the students are enrolled may pay the board of the State school giving the tuition for that tuition.
(2)
If satisfied that facilities at a State school were provided or constructed for the use of students enrolled at several State schools, the Minister may, by written notice to the school’s board, require the board (in accordance with arrangements specified in the notice) to do either or both of the following:
(a)
allow the board of another State school to use the facilities for the tuition of students enrolled at the other school:
(b)
provide in or by means of those facilities tuition for students enrolled at another State school.
(3)
A notice under subsection (2) shall provide for the making of payments by the board of the school at which the students required to be provided with tuition are enrolled to the board of the school whose facilities are to be used; and payments shall, notwithstanding section 79, be made in accordance with the provisions of the notice.
(3A)
[Repealed](4)
[Repealed]Section 158: inserted, on 1 January 1990, by section 14 of the Education Amendment Act 1989 (1989 No 156).
Section 158(1): replaced, on 29 October 2016, by section 24(1) of the Education Legislation Act 2016 (2016 No 72).
Section 158(1): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 158(1A): inserted, on 29 October 2016, by section 24(1) of the Education Legislation Act 2016 (2016 No 72).
Section 158(1A): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 158(3A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 158(4): repealed, on 19 December 1998, by section 41(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Part 12A Partnership schools kura hourua
[Repealed]Part 12A: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158A Interpretation
[Repealed]Section 158A: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Approval and operation of partnership schools kura hourua[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158B Minister may approve sponsors
[Repealed]Section 158B: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158C Minister must appoint advisory group
[Repealed]Section 158C: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158D Partnership school contracts
[Repealed]Section 158D: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158E Complaints
[Repealed]Section 158E: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158F Prohibitions on operation of partnership schools kura hourua
[Repealed]Section 158F: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158G Sponsor’s duties
[Repealed]Section 158G: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158H Sponsor to control management of partnership school kura hourua
[Repealed]Section 158H: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158I School rules
[Repealed]Section 158I: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158J Sponsor’s power to delegate
[Repealed]Section 158J: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158K Annual financial statements of partnership schools kura hourua
[Repealed]Section 158K: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158L Partnership school kura hourua may participate in school risk management scheme
[Repealed]Section 158L: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158M Intervention in partnership school kura hourua by Secretary
[Repealed]Section 158M: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Enrolment in partnership schools kura hourua[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158N Enrolment in partnership schools kura hourua
[Repealed]Section 158N: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158O Equal rights to primary and secondary education in partnership schools kura hourua
[Repealed]Section 158O: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158P Special education in partnership schools kura hourua
[Repealed]Section 158P: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Multiple timetable arrangements[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158Q Multiple timetable arrangements in partnership schools kura hourua
[Repealed]Section 158Q: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Exclusions[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158R Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua
[Repealed]Section 158R: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158S Re-enrolment by partnership school kura hourua of student excluded or expelled
[Repealed]Section 158S: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Courses and visits[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158T Courses and visits outside partnership school kura hourua premises
[Repealed]Section 158T: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Application of Act to partnership schools kura hourua[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158U Application of this Act to partnership schools kura hourua
[Repealed]Section 158U: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158V Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua
[Repealed]Section 158V: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Application of other Acts to partnership schools kura hourua[Repealed]
Heading: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158W Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua
[Repealed]Section 158W: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158X Application of Privacy Act 1993 to partnership schools kura hourua
[Repealed]Section 158X: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158Y Official Information Act 1982 not to apply to partnership schools kura hourua
[Repealed]Section 158Y: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158Z Application of State Sector Act 1988 to institutions sponsoring partnership schools kura hourua
[Repealed]Section 158Z: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
158ZA Application of Ombudsmen Act 1975 to institutions sponsoring partnership schools kura hourua
[Repealed]Section 158ZA: repealed, on 24 October 2018, by section 11 of the Education Amendment Act 2018 (2018 No 40).
Part 13 General provisions relating to tertiary education
Part 13: inserted, on 23 July 1990, by section 35 of the Education Amendment Act 1990 (1990 No 60).
Part 13 heading: replaced, on 1 January 2003, by section 5 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
159AAA Object of provisions relating to tertiary education
(1)
The object of this Part, Parts 13A to 18, and Part 19 (which relate to tertiary education), and of the provisions of Parts 18A and 20 to 24 that relate to tertiary education, is to foster and develop a tertiary education system that—
(a)
fosters, in ways that are consistent with the efficient use of national resources, high quality learning and research outcomes, equity of access, and innovation; and
(b)
contributes to the development of cultural and intellectual life in New Zealand; and
(c)
responds to the needs of learners, stakeholders, and the nation, in order to foster a skilled and knowledgeable population over time; and
(d)
contributes to the sustainable economic and social development of the nation; and
(e)
strengthens New Zealand’s knowledge base and enhances the contribution of New Zealand’s research capabilities to national economic development, innovation, international competitiveness, and the attainment of social and environmental goals; and
(f)
provides for a diversity of teaching and research that fosters, throughout the system, the achievement of international standards of learning and, as relevant, scholarship.
(2)
In making decisions under this Part, Parts 13A to 18, and Part 19, and under the provisions of Parts 18A and 20 to 24 that relate to tertiary education, the Minister, the Commission, and the Qualifications Authority must take into account the objects specified in subsection (1), so far as is practicable in the circumstances.
Section 159AAA: inserted, on 1 January 2003, by section 6 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159AAA(2): amended, on 1 July 2017, by section 124 of the Education (Update) Amendment Act 2017 (2017 No 20).
159 Interpretation
(1)
In this Part and Part 13A to Part 24, and in Schedules 13 to 17, unless the context otherwise requires,—
academic year means a period of 12 months commencing on 1 January
accreditation means an accreditation granted by the Qualifications Authority under section 250
approved programme means a programme approved by the Qualifications Authority under section 249
approved programme or training scheme means an approved programme or approved training scheme
approved training scheme means a training scheme approved by the Qualifications Authority under section 251
award means—
(a)
a certificate, diploma, degree, or other qualification that is listed on the Qualifications Framework; or
(b)
a certificate or other document granted in recognition of a student’s achievement and completion of a training scheme; or
(c)
a certificate granted in recognition of a student’s achievement in scholarship examinations at secondary education
chief executive, in relation to an institution, means the person who, by whatever name the person is called, is the chief executive of the institution and includes a person for the time being performing the duties of the chief executive of the institution
college of education means, subject to subsection (3), a body referred to in section 162(1)(b) or a body established as a college of education under section 162(2)
Commission means the Tertiary Education Commission established under section 159C
community tertiary education provider means a registered establishment that has been recognised by the Minister under section 232AA
constituents, in relation to an institution, means the people who (by virtue of section 163) constitute it
council,—
(a)
in relation to an institution other than NZIST, means the body that governs the institution in accordance with section 165:
(b)
in relation to NZIST, means NZIST’s council members appointed under section 222G
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
educational outcome means a credit, grade, mark, or other measure of student achievement that contributes towards the student gaining—
(a)
a qualification listed on the Qualifications Framework; or
(b)
an award that recognises the successful completion of a training scheme; or
(c)
recognition for successfully meeting the learning outcomes of a standard listed on the Directory of Assessment Standards
enrol includes admit and enrolment and enrolled have corresponding meanings
equivalent full-time student formula means the formula of that name that is based on the student workload that would normally be carried out by a full-time student in a single academic year
existing institution means a body specified in Part 1 or 2 of Schedule 13
existing non-university institution means an existing institution other than a body specified in Part 1 of Schedule 13
functions, except where the expression occurs in a provision setting out the functions of a body, includes duties
funding approval means a decision made by the Commission under section 159YA to fund (in whole or in part) some or all of the tertiary education programmes and activities described in an organisation’s proposed plan under section 159P(d)(i) and (ii)
give public notice means to publish a notice in the Gazette that—
(a)
gives notice of the fact that something has been made, approved, or done; and
(b)
includes information about how or where the public can see and obtain a copy of the thing that has been made, approved, or done
government training establishment means any establishment that is—
(a)
a Crown entity (within the meaning of section 10 of the Crown Entities Act 2004) for the time being approved by the Minister for the purposes of this definition; or
(b)
a department (within the meaning of the Public Finance Act 1989) for the time being approved by the Minister for the purposes of this definition; or
(c)
the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; or
(d)
the New Zealand Police
grant, in relation to an award, includes confer and issue
institution means—
(a)
a college of education; or
(b)
NZIST (including, as the case requires, its subsidiaries that provide education or training, or both); or
(ba)
a specialist college; or
(c)
a university; or
(d)
a wananga
international student has the meaning given in section 2(1)
land includes any legal or equitable estate or interest in, or right, power or privilege over, or in connection with, land
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
New Zealand Institute of Skills and Technology or NZIST means the New Zealand Institute of Skills and Technology established by section 222A
NZIST subsidiary means a Crown entity subsidiary of NZIST
permanent member, in relation to the teaching or general staff of an institution, means a member of the staff who—
(a)
is employed, on either a full-time or part-time basis, for a period ending, unless sooner terminated, on his or her resignation or retirement; or
(b)
has been employed, on either a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or
(c)
has been employed, on either a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment
personal property includes money
plan means a plan in relation to which funding approval has been given
private training establishment means an establishment, other than an institution, that provides post-school education or training, including vocational education and training
proceeding means any legal or administrative proceeding, and includes an arbitration
programme, in relation to an institution within the meaning of section 249(1), means a programme of study or training leading to a qualification listed on the Qualifications Framework
proposed plan means a proposed plan in relation to which an organisation is seeking funding approval
Qualifications Authority means the New Zealand Qualifications Authority established by Part 20
Qualifications Framework means the framework referred to in section 248
record of achievement means a record of a student’s educational outcomes maintained by the Qualifications Authority or a tertiary education provider
Regional Employment and Access Council means a council of that name established under section 7 of the Access Training Scheme Act 1988
registered establishment means a private training establishment that has been granted registration by the Qualifications Authority under Part 18, other than a registration that has been cancelled
Secretary means the chief executive of the Ministry
specialist college means, subject to subsection (3), a body established as a specialist college under section 162(2)
staff, in relation to an institution, does not include the chief executive of the institution
student member, in relation to the council of an institution, means a member of that council referred to in section 171(2)(e)
tertiary education provider means all or any of the following:
(a)
an institution:
(b)
a registered establishment:
(c)
a government training establishment:
(d)
any other person or body that provides, or proposes to provide, tertiary education and that is funded through non-departmental output classes from Vote Education
tertiary education strategy means the latest strategy document issued under section 159AA
trainee—
(a)
means an employee who has a training agreement; and
(b)
includes an apprentice as defined in section 492
training agreement means an agreement between an employer and an employee that relates to the employee’s receipt of, or provides for the employee to receive, vocational education and training (whether provided by the employer or some other person)
training scheme means study or training that—
(a)
leads to an award; but
(b)
does not, of itself, lead to an award of a qualification listed on the Qualifications Framework
university means, subject to subsection (3), a body referred to in section 162(1)(a) or a body established as a university under section 162(2)
University Grants Committee means the University Grants Committee established under Part 1 of the Universities Act 1961
Vice-Chancellor, in relation to a university, means the chief executive of the university, by whatever name called
Vice-Chancellors Committee means the New Zealand Vice-Chancellors Committee established by Part 19
vocational education and training—
(a)
means education and training that leads to the achievement of industry-developed skill standards, qualifications, or other awards; and
(b)
includes work-based training
wananga means, subject to subsection (3), a body established as a wananga under section 162(2)
work-based training has the same meaning as in section 477
workforce development council means a workforce development council established under section 479.
(2)
In the absence of proof to the contrary,—
(a)
a certificate signed by the chief executive of the Ministry of Foreign Affairs and Trade that on a specified day, or for a specified period, a specified person was or was not, or will or will not be, in New Zealand to study under an assistance programme administered by the New Zealand Government; or
(b)
a certificate signed by the Secretary that on a specified day, or for a specified period, a specified person was or was not, or will or will not be, in New Zealand to study under an exchange programme approved by the New Zealand Government,—
is, for the purposes of the definitions of assisted student and exempt student in subsection (1), conclusive evidence of the matter certified; and judicial notice shall be taken of the signature on any such certificate of the chief executive or (as the case may be) the Secretary.
(3)
The definitions of the terms college of education, specialist college, university and wananga do not apply for the purposes of subsections (1), (2), and (4) of section 162.
(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 159: inserted, on 23 July 1990, by section 35 of the Education Amendment Act 1990 (1990 No 60).
Section 159(1): amended, on 1 January 2003, by section 7(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) accreditation: replaced, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approval: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved nationally recognised course: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved programme or training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) approved training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) assisted student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) association: repealed, on 1 January 2003, by section 7(5) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) association of students: repealed, on 8 July 2000, by section 26(6) of the Education Amendment Act 2000 (2000 No 21).
Section 159(1) award: replaced, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) charter: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) Chief Review Officer: repealed, on 25 June 1993, by section 26(1) of the Education Amendment Act 1993 (1993 No 51).
Section 159(1) combined council: repealed, on 1 April 2020, by section 7(7)(a) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) Commission: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) community tertiary education provider: inserted, on 30 March 2018, by section 9(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159(1) constituents: inserted, on 18 December 2009, by section 4 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 159(1) council: replaced, on 1 April 2020, by section 7(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) course of study or training: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) designated polytechnic: repealed, on 1 April 2020, by section 7(7)(b) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) domestic student: replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 159(1) domestic student: amended, on 30 August 2011, by section 17(3) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) educational outcome: inserted, on 30 March 2018, by section 9(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159(1) exempt student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) existing institution: replaced, on 1 April 2020, by section 7(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) foreign student: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) funding approval: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) give public notice: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) government training establishment: replaced, on 25 June 1993, by section 13(1) of the Education Amendment Act 1993 (1993 No 51).
Section 159(1) government training establishment paragraph (a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159(1) industry training organisation: repealed, on 1 April 2020, by section 7(7)(c) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) institution paragraph (b): replaced, on 1 April 2020, by section 7(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) institution paragraph (ba): inserted, on 1 January 2003, by section 7(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) international student: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) Minister: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).
Section 159(1) Ministry: replaced, on 1 January 1992, by section 2(5) of the Education Amendment Act No (4) 1991 (1991 No 136).
Section 159(1) nationally recognised award: repealed, on 30 August 2011, by section 17(1) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) New Zealand apprenticeship committee: repealed, on 20 May 2010, by section 44 of the Education Amendment Act 2010 (2010 No 25).
Section 159(1) New Zealand Institute of Skills and Technology or NZIST: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) NZIST subsidiary: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) permanent member: inserted, on 24 October 2018, by section 12 of the Education Amendment Act 2018 (2018 No 40).
Section 159(1) plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) polytechnic: repealed, on 1 April 2020, by section 7(7)(d) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) polytechnic council: repealed, on 1 April 2020, by section 7(7)(e) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) private training establishment: replaced, on 1 April 2020, by section 7(4) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) profile: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) programme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) proposed plan: inserted, on 1 January 2008, by section 6(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) Qualifications Framework: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) reconstitution day: repealed, on 1 April 2020, by section 7(7)(f) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) record of achievement: replaced, on 1 April 2020, by section 7(5) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) specialist college: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) statement of tertiary education priorities: repealed, on 1 January 2008, by section 6(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) tertiary education provider: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) tertiary education provider: amended, on 1 April 2020, by section 7(6) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) tertiary education provider paragraph (d): amended, on 30 March 2018, by section 9(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159(1) tertiary education strategy: inserted, on 1 January 2003, by section 7(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(1) tertiary education strategy: amended, on 1 January 2008, by section 6(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159(1) trainee: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) training agreement: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) training scheme: inserted, on 30 August 2011, by section 17(2) of the Education Amendment Act 2011 (2011 No 66).
Section 159(1) vocational education and training: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) work-based training: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(1) workforce development council: inserted, on 1 April 2020, by section 7(8) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(2)(a): amended, on 1 July 1993, pursuant to section 9(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
Section 159(3): amended, on 1 April 2020, by section 7(9) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159(3): amended, on 1 January 2003, by section 7(6) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(4): inserted, on 1 January 2003, by section 7(7) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Section 159(5): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
Section 159(6): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
159AA Tertiary education strategy
(1)
The Minister must, from time to time, issue a tertiary education strategy that sets out—
(a)
the Government’s long-term strategic direction for tertiary education; and
(b)
the Government’s current and medium-term priorities for tertiary education.
(2)
The part of the tertiary education strategy that sets out the Government’s long-term strategic direction for tertiary education must address the following:
(a)
economic goals:
(b)
social goals:
(c)
environmental goals:
(d)
the development aspirations of Maori and other population groups.
(3)
Before issuing a tertiary education strategy, the Minister must consult with—
(a)
those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
(b)
the Commission.
(4)
As soon as practicable after issuing a tertiary education strategy, the Minister must give public notice of it.
Section 159AA: replaced, on 1 January 2008, by section 7 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159AB Importance of tertiary education strategy
In exercising their functions under this Act or any other enactment, the Commission and the Qualifications Authority must have regard to the tertiary education strategy.
Section 159AB: inserted, on 1 January 2003, by section 8 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159AB: amended, on 1 July 2017, by section 126 of the Education (Update) Amendment Act 2017 (2017 No 20).
159AC Revocation and replacement or amendment of tertiary education strategy
(1)
The Minister may, at any time, revoke and replace, or amend, a tertiary education strategy.
(2)
Before revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must consult with—
(a)
those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
(b)
the Commission.
(3)
As soon as practicable after revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must give public notice of the revocation and replacement, or amendment.
(4)
An amendment forms part of the tertiary education strategy it amends.
Section 159AC: replaced, on 1 January 2008, by section 9 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159AD Roles within tertiary education sector
(1)
The Ministry is the Minister’s principal policy adviser on tertiary education matters.
(2)
The Qualifications Authority (or, in the case of universities, the New Zealand Vice-Chancellors Committee) is the body primarily responsible for quality assurance matters in the tertiary education sector.
(3)
This section is for the avoidance of doubt.
Section 159AD: inserted, on 1 January 2003, by section 8 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159AD(1): replaced, on 21 December 2010, by section 29 of the Education Amendment Act (No 3) 2010 (2010 No 134).
159AE Ministry may hold and disseminate information
Any information collected and held by the Commission or the Qualifications Authority may be held by the Ministry on behalf of the relevant agency and be disclosed by the Ministry to—
(a)
the agency on whose behalf it is held; and
(b)
any other person or agency that is entitled to receive it.
Section 159AE: inserted, on 1 January 2003, by section 8 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159AE: amended, on 1 July 2017, by section 127 of the Education (Update) Amendment Act 2017 (2017 No 20).
159AF Secretary may delegate certain powers and functions to Commission
(1)
The Secretary may delegate to the Commission any powers or functions of the Secretary under regulations made pursuant to section 303 or section 306 or section 307 (which relate to student allowances).
(2)
A delegation under this section—
(a)
must be in writing; and
(b)
may not include a power to further delegate any power or function; and
(c)
may be revoked at any time by notice in writing.
(3)
The Commission may exercise any powers or functions delegated to it under this section in the same manner and with the same effect as if the powers or functions had been conferred on the Commission directly, rather than by delegation.
(4)
If the Commission purports to act under a delegation under this section, the Commission is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.
Section 159AF: inserted, on 1 January 2003, by section 8 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Part 13A Tertiary Education Commission
Part 13A: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Preliminary provisions
Heading: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
159A Purpose of Part
The purpose of this Part is to establish—
(a)
a Tertiary Education Commission (the Commission); and
(b)
a framework for planning, funding, and monitoring in the tertiary education sector that primarily, but not exclusively, relates to funding organisations via plans.
Section 159A: replaced, on 1 January 2008, by section 12 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ABA Outline of framework for planning, funding, and monitoring in tertiary education sector
(1)
This section—
(a)
sets out a general outline of the framework for planning, funding, and monitoring in the tertiary education sector; and
(b)
is by way of explanation only.
(2)
If any other section in this Act conflicts with this section, the other section prevails.
(3)
The following steps describe, in general terms, how the framework for planning, funding, and monitoring in the tertiary education sector works:
(a)
the Minister determines the design of funding mechanisms and whether funding under those mechanisms is via plans:
(b)
the Commission develops the details of how to implement funding mechanisms:
(c)
the Commission issues guidance on what must be contained in proposed plans:
(d)
the Commission identifies criteria for assessing proposed plans:
(e)
an organisation prepares a proposed plan—
(i)
in consultation with the stakeholders the organisation considers ought to be consulted and any other persons specified by the Commission; and
(ii)
in a manner consistent with the Commission’s guidance:
(f)
the organisation submits its proposed plan to the Commission:
(g)
the Commission applies assessment criteria to the proposed plan and decides whether or not to give funding approval:
(h)
if the proposed plan is given funding approval, the Commission determines the amount of funding payable to the organisation by applying the appropriate funding mechanism:
(i)
if an organisation’s proposed plan receives funding approval, the Commission monitors the organisation’s performance to determine if it is achieving, or has achieved, the outcomes it has specified in its plan.
Section 159ABA: inserted, on 1 January 2008, by section 12 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159B Definition of organisation
(1)
In this Part, unless the context otherwise requires, organisation means—
(a)
a tertiary education provider:
(b)
a workforce development council:
(c)
a person or body that provides tertiary education-related services and is identified in accordance with subsection (2) as an organisation for the purposes of this Part.
(2)
The Minister may, by notice in the Gazette, identify organisations for the purpose of this Part, and may do so by describing a type of person or body that is an organisation, or by naming individual persons or bodies as organisations.
Establishment of Commission
Heading: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
159C Establishment of Commission
(1)
A Tertiary Education Commission is established.
(2)
The Commission is owned by the Crown.
(3)
The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(4)
The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.
(5)
The members of the Commission are the board for the purposes of the Crown Entities Act 2004.
Section 159C: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159D Composition of Commission
(1)
The Commission comprises at least 6, but not more than 9, members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004 after consultation with the Minister of Maori Affairs.
(2)
At least 2 months before appointing a member, the Minister must advertise his or her intention to appoint a member and must seek responses from interested persons.
(3)
Subsection (2) does not apply if the Minister appoints as a member a person who, immediately before the appointment, was a member of the Transition Tertiary Education Commission.
(4)
When appointing members of the Commission, the Minister must have regard to the need for its members to collectively have a breadth of experience and expertise, and depth of knowledge, regarding areas of the tertiary education sector.
(5)
Subsection (4) does not limit section 29 of the Crown Entities Act 2004.
Section 159D: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159D(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159D(2): amended, on 1 January 2008, by section 13 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159D(4): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159D(5): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159E Charging
(1)
The Commission may charge a commercial rate for any goods and services that it provides under section 159F(1)(bc) and (bd).
(2)
However, the Commission may not charge a commercial rate for any other goods and services that it provides unless the Minister approves.
(3)
The Commission may charge an organisation a fee relating to the cost of the Commission investigating whether the organisation has breached or is breaching a condition subject to which the organisation was given funding approval under section 159YA or funding under section 159ZC if the Commission finds that the organisation has breached or is breaching such a condition.
(4)
However, the Commission may charge a fee under subsection (3) only if the Commission has notified the affected organisation of the proposed investigation and the date on which the investigation will start.
(5)
In reaching a decision on whether to charge an organisation a fee under subsection (3) and on the amount of the fee (if one is to be charged), the Commission must have regard to—
(a)
the nature and seriousness of the breach; and
(b)
the effect that a fee would have on the operation, long-term viability, and performance of the organisation.
(6)
The Governor-General may, by Order in Council, on the recommendation of the Minister made in accordance with subsection (7), make regulations—
(a)
prescribing the criteria against which the Commission must assess a breach to determine the nature and seriousness of the breach for the purposes of subsection (5); and
(b)
prescribing the criteria against which the Commission must assess a proposed fee to determine, for the purposes of subsection (5), the effect that the fee would have on the operation, long-term viability, and performance of an organisation; and
(c)
specifying the maximum percentage or proportion of the cost incurred by the Commission in its investigation that may be charged as a fee by the Commission under subsection (3).
(7)
Before making a recommendation under subsection (6), the Minister must consult all persons and organisations that the Minister considers ought to be consulted.
Section 159E: replaced, on 1 July 2017, by section 128(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159E(1): replaced, on 1 January 2018, by section 128(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159E(3): inserted, on 30 March 2018, by section 10 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159E(4): inserted, on 30 March 2018, by section 10 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159E(5): inserted, on 30 March 2018, by section 10 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159E(6): inserted, on 30 March 2018, by section 10 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159E(7): inserted, on 30 March 2018, by section 10 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Functions of Commission
Heading: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
159F Functions of Commission
(1)
The functions of the Commission are—
(a)
to give effect to the tertiary education strategy by—
(i)
prescribing and publishing guidance on the content of, and processes associated with seeking funding approval for, proposed plans; and
(ii)
prescribing and publishing guidance on the criteria the Commission will use to assess proposed plans; and
(iii)
assessing proposed plans and deciding whether they will receive funding approval by applying the relevant assessment criteria; and
(iv)
determining the amount of funding payable to organisations by applying the appropriate funding mechanisms; and
(v)
allocating funding to organisations that have plans; and
(vi)
allocating funding to organisations that are not required to have plans in order to receive funding; and
(vii)
prescribing what plan summaries must contain for the purposes of public inspection; and
(viii)
building the capability of organisations; and
(b)
to provide advice to the Minister on the activities and performance of tertiary education organisations and the tertiary education sector generally; and
(ba)
to develop details of how to implement funding mechanisms; and
(bb)
to implement funding mechanisms; and
(bc)
to provide a publicly available careers information service that includes a database of information about occupations and tertiary education and training:
(bd)
to facilitate and strengthen the connections between schools, employers, and tertiary education organisations to ensure students are better prepared for employment and further education and training, or both:
(be)
[Repealed](bf)
[Repealed](bg)
[Repealed](c)
to provide advice to the Minister on the implementation of policy and on the operational implications of new policy initiatives; and
(d)
to monitor the performance of organisations that receive funding from the Commission including by measuring performance against specified outcomes; and
(da)
to undertake any functions that the Minister directs the Commission to undertake under section 159J; and
(e)
to undertake any functions delegated to the Commission, including (without limitation) functions relating to the funding of organisations other than under section 159YA or 159ZC; and
(ea)
to ensure the availability within industry of high-quality vocational education and training; and
(eb)
to promote the availability of vocational education and training to people of a kind or description specified in the Commission’s statement of intent as people to whom that training has not traditionally been available (whether within a particular industry or industries, or generally); and
(ec)
to develop and recommend to the Minister an apprenticeship training code for the purposes of section 495; and
(ed)
to make the apprenticeship training code available as required by section 496; and
(ee)
to monitor the performance of persons carrying out apprenticeship training activities (whether or not under a plan) to ensure that they comply with the apprenticeship training code; and
(ef)
to exercise the powers and perform the functions of the Commission under subpart 3 of Part 34 (which relates to work-based training levies); and
(f)
to undertake any other function given by this Act or any other enactment.
(g)
[Repealed](2)
In addition, the Commission may provide information and other tertiary-related services to the Crown, provided that these functions are consistent with the Commission’s statement of intent and are consistent with, and do not displace, any of its functions under subsection (1).
Section 159F: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159F(1)(a): replaced, on 1 January 2008, by section 14(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(b): replaced, on 21 December 2010, by section 30(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 159F(1)(ba): inserted, on 1 January 2008, by section 14(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(bb): inserted, on 1 January 2008, by section 14(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(bc): replaced, on 1 January 2018, by section 129(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159F(1)(bd): replaced, on 1 January 2018, by section 129(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159F(1)(be): repealed, on 1 January 2018, by section 129(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159F(1)(bf): repealed, on 1 January 2018, by section 129(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159F(1)(bg): repealed, on 1 January 2018, by section 129(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 159F(1)(c): replaced, on 21 December 2010, by section 30(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 159F(1)(d): replaced, on 1 January 2008, by section 14(4) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(da): inserted, on 1 January 2008, by section 14(4) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(e): amended, on 1 January 2008, by section 14(5) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159F(1)(ea): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(eb): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(ec): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(ed): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(ee): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(ef): inserted, on 1 April 2020, by section 9(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159F(1)(g): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159F(1)(f): amended, on 1 April 2020, by section 9(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159FA Duties of Commission in relation to workforce development council
(1)
The Commission must—
(a)
have regard to advice from a workforce development council in relation to its 1 or more specified industries when assessing any proposed plan under section 159YA or when considering funding an organisation other than via a plan under section 159ZC in relation to vocational education and training; and
(b)
give effect to advice from a workforce development council about the mix of vocational education and training needed for the 1 or more industries covered by the workforce development council when deciding to give funding approval to organisations under section 159YA(5).
(2)
The duty in subsection (1)(b) is subject to—
(a)
any funding limits set by the Minister under section 159L and the Commission under section 159O; and
(b)
any capacity or capability constraints of organisations to provide, arrange, and support the mix of vocational education and training.
(3)
The Commission must advise a workforce development council, in writing, if it is unable to give effect to the workforce development council’s advice about the mix of vocational education and training needed for the council’s specified industries due to any limits or constraints referred to in subsection (2)(b) and advise the workforce development council about—
(a)
what specific actions the Commission intends to take to address those limits or constraints within the next 3 years; and
(b)
its right to object to the Minister if the workforce development council reasonably believes that the Commission has not adequately responded to its advice about the mix of vocational education and training required to meet the needs of its specified industries.
Section 159FA: inserted, on 1 April 2020, by section 10 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159FA Offers of employment in equivalent positions for Careers New Zealand employees
[Repealed]Section 159FA: repealed, on 1 January 2018, by section 159FD(1).
159FB Power of Commission to require information from workforce development council
(1)
The chief executive of the Commission may, by written notice to a workforce development council, require it to provide the chief executive with any information about the financial position or operations (or both) of the workforce development council (whether or not funded under a plan under section 159YA).
(2)
A workforce development council that receives a notice under subsection (1) must provide the chief executive of the Commission with the required information within the time period specified in the notice.
(3)
The chief executive of the Commission may, at any time, revoke or amend a notice given under subsection (1).
Section 159FB: inserted, on 1 April 2020, by section 10 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159FB Effect of offers on certain agreements and entitlements
[Repealed]Section 159FB: repealed, on 1 January 2018, by section 159FD(1).
159FC Power of Commission to audit workforce development council
(1)
For the purpose of ascertaining whether a workforce development council is complying, or has complied, with the provisions of this Act, the chief executive of the Commission may commission an independent audit of the workforce development council.
(2)
The audit may (without limitation) include an assessment of—
(a)
the performance of the workforce development council’s functions:
(b)
the application of funding provided to the workforce development council by the Commission.
Section 159FC: inserted, on 1 April 2020, by section 10 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159FC No compensation for technical redundancy of employees of Careers New Zealand
[Repealed]Section 159FC: repealed, on 1 January 2018, by section 159FD(1).
159FD Repeal of sections 159FA to 159FD
[Repealed]Section 159FD: repealed, on 2 January 2018, by section 159FD(2).
159G Principles guiding how Commission operates
In performing its functions, the Commission must, in addition to complying with section 159AB,—
(a)
comply with any direction of the Minister given under section 103 of the Crown Entities Act 2004; and
(b)
work closely with the stakeholders of tertiary education providers and workforce development councils; and
(c)
work closely with tertiary education providers and workforce development councils.
Section 159G: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159G(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159G(b): amended, on 1 April 2020, by section 11 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159G(c): amended, on 1 April 2020, by section 11 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159H Minister may review performance of Commission
[Repealed]Section 159H: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159I Delegation of functions or powers of Minister
(1)
The Minister may, either generally or specifically, delegate to the Commission all or any of the Minister’s functions and powers under this Act (other than those referred to in section 159L) or any other Act, including functions or powers delegated to the Minister under this Act or any other Act.
(2)
A delegation under this section must be in writing.
(3)
No delegation under this section may include the power to delegate under this section.
(4)
The power of the Minister to delegate under this section—
(a)
is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
(b)
does not limit any power of delegation conferred on the Minister by any other Act.
(5)
Subject to any general or special directions given, or conditions imposed, by the Minister, the Commission may exercise any functions or powers delegated to the Commission under this section in the same manner and with the same effect as if they had been conferred on the Commission directly by this section and not by delegation.
(6)
If the Commission purports to act under any delegation under this section, the Commission is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
(7)
A delegation does not affect or prevent the exercise of any function or power by the Minister, or affect the responsibility of the Minister for the actions of any person acting under the delegation.
Section 159I: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159I(1): replaced, on 1 January 2008, by section 15 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159J Minister may direct Commission
(1)
[Repealed](2)
[Repealed](3)
Every direction under section 103 of the Crown Entities Act 2004 must be consistent with the tertiary education strategy and the functions of the Commission.
(3A)
The Minister may, in accordance with section 112 of the Crown Entities Act 2004, direct the Commission to undertake additional functions that are consistent with the Commission’s objectives.
(4)
The Minister may not direct the Commission to provide or deny funding under section 159YA or 159ZC to any specified organisation.
(5)
[Repealed](6)
If the Minister gives a direction to the Commission, the Commission must include in its annual report for every year to which the direction relates a report on how the Commission has responded to it.
Section 159J: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 159J(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159J(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159J(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159J(3A): inserted, on 1 January 2008, by section 16(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159J(4): amended, on 1 January 2008, by section 16(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159J(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159J(5): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159J(6): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159K Application of Commerce Act 1986
Despite section 6 of the Commerce Act 1986, nothing in that Act applies to the Commission except to the extent that the Commission engages in supplying goods and services for which it charges.
Section 159K: inserted, on 1 January 2003, by section 9 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
159KA Chief executive
(1)
The Commission must appoint a chief executive in accordance with section 117 of the Crown Entities Act 2004.
(2)
The chief executive must not be a member of the Commission.
(3)
The Commission must act independently when appointing the chief executive.
(4)
The Commission must monitor and evaluate the performance of the chief executive.
Section 159KA: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159KB Responsibilities of chief executive
The chief executive must—
(a)
ensure the efficient and effective administration of the affairs of the Commission; and
(b)
act in accordance with lawful policies and directions given to him or her by the Commission.
Section 159KB: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159KBA Monitoring and reporting function of chief executive in relation to institutions
The chief executive of the Commission—
(a)
must, on an ongoing basis, monitor institutions that receive funding under this Part in order to assess whether the operation or long-term viability of any of those institutions is at risk; and
(b)
may report from time to time to the Minister on the outcome of that monitoring.
Section 159KBA: inserted, on 1 January 2008, by section 17 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159KBB Additional requirement of NZIST’s council to provide information
(1)
The chief executive of the Commission may, by written notice to NZIST’s council, require it to provide any information that the chief executive considers is reasonably required in relation to the operation of NZIST or any related entity of NZIST for the purpose of determining whether there is a risk to, or arising from,—
(a)
the governance, management, or financial position of NZIST or a related entity of NZIST; or
(b)
the education and training performance of students enrolled at NZIST or a related entity of NZIST.
(2)
If NZIST’s council receives a notice under subsection (1), it must provide the chief executive of the Commission with the required information within the time period specified in the notice.
(3)
The chief executive of the Commission may revoke or amend any notice given under subsection (1).
(4)
For the purposes of subsection (1), related entity, in relation to NZIST, has the same meaning as in section 164A.
Section 159KBB: inserted, on 1 April 2020, by section 12 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159KC Declaration of interests
(1)
A person who is proposed to be appointed as chief executive must declare any interests (within the meaning of that term in section 10 of the Crown Entities Act 2004) to the Commission before accepting appointment to the position of chief executive.
(2)
If the chief executive has any direct or indirect interest in any transaction or other matter listed in section 62 of the Crown Entities Act 2004, he or she must disclose that interest to the Commission.
Section 159KC: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159KD Superannuation
(1)
Any person who, immediately before becoming an employee of the Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service so long as he or she continues to be an employee of the Commission.
(2)
The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Commission were Government service.
(3)
Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
(4)
For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the Commission is the controlling authority.
Section 159KD: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
159KE Statement of intent
(1)
The Commission must include the following information in its statement of intent:
(a)
a general description of the things that the Commission proposes to do, achieve, or work towards during the period covered by the statement of intent, which—
(i)
must be consistent with the tertiary education strategy and the Commission’s functions; and
(ii)
must include a summary of the nature and scope of the Commission’s proposed operations; and
(iii)
may cover both financial and non-financial matters; and
(b)
a general description of the Commission’s proposed strategies and activities for giving effect to, or achieving, the things referred to in paragraph (a), including a list of the intended principal activities of the Commission and how they relate to the things referred to in paragraph (a); and
(c)
[Repealed](d)
a general description of the manner in which the Commission proposes to operate and, in particular,—
(i)
which other persons or bodies engaged in similar or related work it proposes to liaise with, and how it proposes to liaise with those other persons or bodies; and
(ii)
what capability it needs to do its work, and how it will develop that capability; and
(iii)
how it proposes to manage its risks.
(e)
[Repealed](2)
The Commission need not include in its statement of intent the information required in section 141(1) and (2)(a) to (c) of the Crown Entities Act 2004.
(3)
[Repealed](4)
The Minister may, in relation to the Commission, exercise his or her powers under section 147(1) of the Crown Entities Act 2004 as if that section included a reference to subsection (1)(a); and that section applies accordingly.
Section 159KE: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159KE(1)(a)(i): amended, on 1 January 2008, by section 18 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159KE(1)(c): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 159KE(1)(d)(iii): amended, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 159KE(1)(e): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 159KE(2): amended, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 159KE(3): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
Section 159KE(4): amended, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
159KEA Statement of performance expectations
(1)
The statement of performance expectations that the Commission is required to provide to its responsible Minister under section 149I of the Crown Entities Act 2004—
(a)
must be consistent with the tertiary education strategy; and
(b)
may relate to more than 1 financial year.
(2)
The grouping of outputs in the statement of performance expectations must be done so that, in the case of outputs funded by appropriation, a group of outputs does not contain outputs funded from more than 1 appropriation in the Estimates.
Section 159KEA: inserted, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
159KF Annual report
(1)
The Commission must include in its annual report a description of how the Commission is monitoring, and how it will report on, progress in giving effect to the tertiary education strategy.
(2)
This section does not limit section 151 of the Crown Entities Act 2004.
Section 159KF: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 159KF(1): amended, on 1 January 2008, by section 19 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159KG Certain powers must not be delegated
(1)
The Commission must not delegate any of the following powers:
(a)
the power to appoint a chief executive; or
(b)
any other power that the Minister specifies by notice in writing to the Commission.
(2)
This section applies despite section 73 of the Crown Entities Act 2004.
Section 159KG: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Funding mechanisms
Heading: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159L Minister determines design of funding mechanisms
(1)
The Minister must, from time to time, determine the design of the funding mechanisms that the Commission must use to fund organisations.
(2)
Without limiting subsection (1), in making a determination under that subsection, the Minister must—
(a)
identify the general form and essential components of each funding mechanism; and
(b)
indicate which of the funding mechanisms relates to—
(i)
funding to be paid by the Commission under section 159YA (relating to funding organisations via plans); and
(ii)
funding to be paid by the Commission under section 159ZC (relating to funding organisations under this Part other than via plans); and
(iii)
other types of funding (if any).
(3)
Without limiting subsection (1), in making a determination under that subsection, the Minister may—
(a)
specify the amount of money, or the proportion of an amount of money, available under any particular funding mechanism; and
(b)
provide for funding to different groups of organisations or types of organisation; and
(c)
provide for different versions of, or modifications to, a funding mechanism when applying it to different groups of organisations or types of organisation; and
(d)
specify the conditions that the Commission must attach to funding that is provided under funding mechanisms, including (without limitation) conditions setting limits on fees that—
(i)
organisations may charge domestic students:
(ii)
organisations may charge employers for supporting their employees’ work-based training; and
(e)
provide for funding that targets particular groups of students.
Section 159L: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159L(3)(d): replaced, on 1 April 2020, by section 13 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159M Restrictions on design of funding mechanisms
(1)
In determining a design for a funding mechanism under section 159L or in varying a determination under section 159OA, the Minister may not—
(a)
identify a specified organisation or organisations to which funding is to be provided or denied under any funding mechanism; or
(b)
specify conditions under section 159L(3)(d) that set limits on the fees that organisations may charge domestic students or that organisations may charge employers until—
(i)
the Minister has published a notice in the Gazette that—
(A)
states that the Minister proposes to specify conditions of that kind; and
(B)
sets out the proposed conditions; and
(C)
invites submissions on the proposed conditions; and
(D)
specifies the date by which submissions must be received, which must be a date no later than 21 days after the date of the Gazette notice; and
(ii)
the date by which submissions must be received has passed.
(2)
However, the Minister may direct that funding be provided to NZIST via a funding mechanism if the Minister reasonably considers that it is consistent with the efficient use of national resources and in the national interest to do so.
Section 159M: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159M(1): amended, on 30 March 2018, by section 11 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159M(1)(b): replaced, on 29 October 2016, by section 30 of the Education Legislation Act 2016 (2016 No 72).
Section 159M(1)(b): amended, on 1 April 2020, by section 14(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 159M(2): inserted, on 1 April 2020, by section 14(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
159N Funding mechanisms consistent with quality assurance principle
Every funding mechanism must be consistent with the principle that receiving public funds is dependent on an organisation meeting the quality assurance requirements in this Act.
Section 159N: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159O Commission to implement funding mechanisms
The Commission must—
(a)
develop the details of how to implement the Minister’s determination of the design of funding mechanisms under section 159L; and
(b)
implement the funding mechanisms.
Section 159O: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159OA Variation of determination of design of funding mechanisms
(1)
After the Commission has implemented, or started to implement, the funding mechanisms under section 159O, the Minister may vary the determination of the design of the funding mechanisms.
(2)
The Minister may only vary a determination—
(a)
if it is reasonably necessary to do so; and
(b)
by making changes in relation to the matters mentioned in section 159L(2) and (3).
(3)
Before deciding to vary a determination, the Minister must consult—
(a)
all organisations that would be affected by a variation that the Minister proposes; and
(b)
all other persons and organisations that the Minister considers ought to be consulted.
(4)
However, the Minister is not required to consult under subsection (3) in relation to a variation of the conditions under section 159L(3)(d) that set limits on the fees that organisations may charge domestic students and that organisations may charge employers.
(5)
If the Minister varies a determination, an organisation affected by the variation must—
(a)
consider whether any amendments are needed to its plan as a result of the variation; and
(b)
if it considers that a significant amendment is needed to its plan, or that its plan needs to be replaced, ask the Commission to approve the significant amendment to, or the replacement of, its plan under section 159YK.
(6)
If the Minister varies a determination and, as a result of the variation, the Commission must attach new conditions to funding under a funding mechanism,—
(a)
the Commission must attach the new conditions to any funding approval that it has given under that funding mechanism; and
(b)
the Commission must notify any affected organisation of the attachment of the new conditions to the organisation’s funding approval; and
(c)
the new conditions take effect on the date on which the affected organisation is so notified.
(7)
If the Minister varies a determination, the variation takes effect on a date specified by the Minister that must be no earlier than whichever is the later of the following:
(a)
the day that is 3 months after the date on which the Minister varies the determination:
(b)
the beginning of the calendar year after the calendar year during which the Minister varies the determination.
Section 159OA: inserted, on 30 March 2018, by section 12 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159OA(4): amended, on 1 April 2020, by section 15 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Requirements for, and content of, proposed plans
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159P Requirements for proposed plans
A proposed plan must—
(a)
describe how an organisation will give effect to the Government’s current and medium-term priorities as described in the tertiary education strategy; and
(b)
describe how an organisation will address the needs of its stakeholders (including, without limitation, students enrolled with the organisation); and
(c)
describe an organisation’s mission and role for the term of the plan; and
(d)
set out a description of all—
(i)
tertiary education programmes run by the organisation for which the organisation is seeking funding under section 159YA and specify the amount of funding sought in relation to those programmes; and
(ii)
activities (including, without limitation, programmes and initiatives that will be undertaken by the organisation in order to build its capability) for which the organisation is seeking funding under section 159YA and specify the amount of funding sought in relation to those activities; and
(e)
describe an organisation’s proposed outcomes (including, without limitation, in relation to the tertiary education programmes and activities described in paragraph (d)(i) and (ii) in relation to which funding is sought) and the performance indicators that the organisation will use to measure whether those outcomes have been achieved; and
(f)
set out a description of all tertiary education programmes run by the organisation other than those in relation to which funding is sought.
Section 159P: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159Q Exemption from certain requirements for proposed plans
(1)
The Commission may, by notice in writing, exempt an organisation from having to comply with the requirements in section 159P(f).
(2)
The Commission may not exercise the power in subsection (1) in relation to an institution.
(3)
Before exempting an organisation under subsection (1), the Commission must consider—
(a)
the amount of funding sought by the organisation; and
(b)
the amount of funding already received by the organisation; and
(c)
the type and size of the organisation; and
(d)
the effective operation of the tertiary education system; and
(e)
the Government’s current and medium-term priorities as described in the tertiary education strategy; and
(f)
any other matters the Commission considers relevant.
Section 159Q: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159R Content of, and processes for submitting, proposed plans prescribed by Commission
(1)
The Commission must prescribe and give public notice of—
(a)
the content of organisations’ proposed plans (being the particular matters that proposed plans must address or include in order to meet the requirements in section 159P); and
(b)
the kinds of background or supplementary information that the Commission requires an organisation to provide in relation to a proposed plan; and
(c)
the timetable and process for the submission of proposed plans to the Commission.
(2)
When prescribing matters under subsection (1), the Commission may include—
(a)
standard content, as well as different content applying to different organisations, groups of organisations, or types of organisation; and
(b)
different information, timetables, and processes for different organisations, groups of organisations, or types of organisation.
(3)
Notices given under subsection (1) may be—
(a)
given at different times; and
(b)
amended by the Commission.
(4)
The Commission must give public notice of a significant amendment made under subsection (3)(b).
Section 159R: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159S Commission may exempt organisation from complying with certain matters
The Commission may, by notice in writing, exempt an organisation from complying with any of the matters it has prescribed under section 159R(1).
Section 159S: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Submitting proposed plan
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159T Who must submit proposed plan
(1)
An organisation that is seeking funding from the Commission under a funding mechanism that provides for funding via plans must submit a proposed plan.
(2)
Subsection (1) does not apply to an organisation that is exempt under section 159U.
Section 159T: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159U Exemption from requirement to submit proposed plan
(1)
The Commission may, by notice in writing, exempt an organisation, a group of organisations, or a type of organisation that is seeking funding under a funding mechanism that provides for funding via plans from the requirement, in section 159T(1), to submit a proposed plan.
(2)
The Commission may not exercise the power in subsection (1) in relation to an institution.
(3)
The Commission may exempt an organisation, a group of organisations, or a type of organisation under subsection (1) for a specified period that the Commission considers appropriate.
(4)
If the Commission exempts an organisation under subsection (1), the Commission may fund that organisation under section 159ZC as if it were an organisation for which a funding mechanism provides for funding other than via plans.
Section 159U: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159U(4): inserted, on 30 March 2018, by section 13 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159V Frequency of submitting proposed plans
An organisation that is required to submit a proposed plan must submit a proposed plan to the Commission—
(a)
at least once every 3 years; or
(b)
if the Commission directs, at more frequent intervals specified by the Commission.
Section 159V: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159W Submitting combined proposed plan
The Commission may permit more than 1 organisation to prepare and submit a combined proposed plan if the Commission considers it appropriate.
Section 159W: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Preparing and consulting on proposed plans
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159X Preparing and consulting on proposed plans
(1)
An organisation that is required to submit a proposed plan must prepare the proposed plan in accordance with this Part (including, unless it is exempt under section 159S, complying with the matters prescribed by the Commission under section 159R).
(2)
A proposed plan must be prepared in consultation with—
(a)
the stakeholders that the organisation considers ought to be consulted; and
(b)
any other person or group of persons that the Commission stipulates.
(3)
An organisation must develop the content of its proposed plan in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under section 159R.
(4)
After completing the requirements in subsections (1) to (3), an organisation must submit its proposed plan to the Commission.
Section 159X: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Assessment of proposed plans and giving of funding approval
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159Y Criteria for assessing proposed plans
(1)
The Commission must prescribe and give public notice of the criteria that the Commission will use to assess proposed plans to determine if they will receive funding approval.
(2)
The prescribed criteria must include, without limitation, criteria for assessing—
(a)
how an organisation contributes to the Government’s current and medium-term priorities described in the tertiary education strategy; and
(b)
the tertiary education programmes and activities of an organisation in relation to which funding is sought under section 159YA; and
(c)
the performance indicators used in measuring whether the specified outcomes relating to those tertiary education programmes and activities are being or have been achieved; and
(d)
the extent and nature of an organisation’s consultation over its proposed plan.
(3)
When prescribing matters under subsection (1), the Commission may include standard criteria, as well as different criteria applying to different organisations, groups of organisations, or types of organisation.
(4)
Notices given under subsection (1) may be—
(a)
given at different times; and
(b)
amended by the Commission.
(5)
The Commission must give public notice of a significant amendment made under subsection (4)(b).
Section 159Y: replaced, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YA Commission’s assessment of proposed plans, giving of funding approval, and payment of funding
(1)
The Commission must assess whether a proposed plan will receive funding approval by applying the assessment criteria prescribed under section 159Y.
(2)
After applying the assessment criteria, the Commission may decide to—
(a)
fund (in whole or in part) all of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii) in relation to which funding is sought; or
(b)
fund (in whole or in part) some of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii) in relation to which funding is sought; or
(c)
not fund any of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii) in relation to which funding is sought.
(3)
Before deciding not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii) in relation to which funding is sought, the Commission must—
(a)
notify the organisation of its proposed decision; and
(b)
give the organisation a reasonable opportunity to be heard.
(4)
The Commission must give its reasons to the affected organisation if it decides not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii) in relation to which funding is sought.
(5)
In deciding to give funding approval, the Commission must—
(a)
specify the date from which that funding approval has effect; and
(b)
determine the amount of funding payable to the organisation by applying the appropriate funding mechanism; and
(c)
arrange for the payment to the organisation of the amount of funding determined under paragraph (b).
Section 159YA: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YB Commission may decline to assess proposed plan
(1)
The Commission may decline to assess a proposed plan under section 159YA if the Commission is satisfied on reasonable grounds that the proposed plan does not adequately satisfy the requirements of this Part (including, unless the organisation is exempt under section 159S, complying with the matters prescribed by the Commission under section 159R).
(2)
Before making a decision to decline to assess an organisation’s proposed plan, the Commission must discuss with the organisation why the proposed plan does not adequately satisfy the requirements of this Part.
(3)
The Commission must give its reasons to the affected organisation if it declines to assess the organisation’s proposed plan.
Section 159YB: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YC Conditions on receiving funding under section 159YA
(1)
It is a condition of an organisation receiving funding under section 159YA that the organisation will supply to the Commission or Ministry, from time to time as required by the Commission or Ministry, and in a form specified by the Commission or Ministry, any financial, statistical, or other information that the Commission or Ministry requires the organisation to supply.
(2)
The Commission may give funding approval subject to conditions, but only if the conditions are—
(a)
conditions the Minister has determined the Commission must attach to funding under section 159L(3)(d); or
(b)
conditions that the Commission considers necessary to ensure that the specified outcomes in a plan that relate to tertiary education programmes and activities in relation to which funding is being given are being achieved or will be achieved; or
(c)
conditions that the Commission considers reasonably necessary to enable the Commission to effectively monitor the performance of organisations and the tertiary education sector generally.
(2A)
If the Commission intends to give funding approval subject to a condition of the type described in subsection (2)(c), the Commission must, before giving funding approval,—
(a)
give the affected organisation at least 21 days’ notice of the proposed condition; and
(b)
consider any submissions on the proposed condition made by the organisation.
(3)
The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
(4)
The amendment to the condition takes effect when the organisation has been given reasonable notice of it.
Section 159YC: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YC(2)(b): amended, on 30 March 2018, by section 14(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YC(2)(c): inserted, on 30 March 2018, by section 14(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YC(2A): inserted, on 30 March 2018, by section 14(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159YD Accountability for funding received under section 159YA
(1)
An organisation that receives funding under section 159YA must ensure that—
(a)
it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
(i)
the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
(ii)
whether any conditions on which the funding approval was given have been complied with; and
(b)
the records are available for inspection by the Commission at all reasonable times.
(2)
As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159YA, the organisation must provide the Commission with—
(a)
a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes specified in the organisation’s plan as measured by the performance indicators specified in the organisation’s plan; and
(b)
any financial reports, or statistical or other information, required by the Commission; and
(c)
any information necessary to demonstrate compliance with any condition attached to the funding.
(3)
A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).
(4)
The Commission may exempt any organisation, group of organisations, or types of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
(5)
In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
(a)
the amount of funding sought by the organisation; and
(b)
the amount of funding received by the organisation; and
(c)
the type and size of the organisation; and
(d)
any other matters that the Commission considers relevant.
(6)
Section 203 sets out the accountability requirements for institutions.
Section 159YD: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YD(1): amended, on 30 March 2018, by section 15 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YD(3): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
Expiry of funding approval
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YE Expiry of funding approval
(1)
Every plan that has funding approval must specify the date on which funding approval expires (the expiry date), which must be a date determined by the Commission that is no later than 3 years after the date on which the funding approval takes effect.
(2)
Funding approval expires on the expiry date, unless funding approval is earlier revoked or withdrawn under this Part.
(3)
Despite subsection (2), if, on the expiry date, an organisation is discussing a proposed plan with the Commission or the proposed plan is awaiting funding approval under this Part, the funding approval for the existing plan continues in effect until the earlier of the following dates:
(a)
the date that is 6 months after the expiry date of the existing funding approval; or
(b)
the date that funding approval for the proposed plan comes into effect.
Section 159YE: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YE(2): amended, on 30 March 2018, by section 16 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159YF Effect of expiry of funding approval
The effect of the expiry of funding approval is that—
(a)
the plan to which funding approval relates expires; and
(b)
the Commission must cease payment, or cease any or all further payments, of funding under section 159YA in respect of that plan.
Section 159YF: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Suspension or revocation of funding given under section 159YA
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YG Commission may suspend, revoke, or withdraw funding given under section 159YA
(1)
The Commission may suspend or revoke some or all funding given under section 159YA if it is satisfied on reasonable grounds that—
(a)
an organisation has not complied, or is not complying, with a condition on which funding has been given under section 159YA; or
(b)
when measured against performance indicators, the organisation has not achieved, or is not achieving, an outcome anticipated in its plan for a tertiary education programme or activity in relation to which funding has been given under section 159YA; or
(c)
the organisation has not provided, or is not providing, adequate and timely information required by the Commission or Ministry under section 159YC.
(2)
Before deciding whether to suspend or revoke some or all funding given under section 159YA, the Commission must—
(a)
notify the organisation of the specific matters of concern; and
(b)
give the organisation a reasonable opportunity to be heard.
(3)
The Commission must give its reasons to an organisation if it decides to suspend or revoke some or all funding given under section 159YA.
(4)
The Commission must advise an organisation of the following matters if it decides to suspend some or all funding given under section 159YA:
(a)
the date on which the suspension will end and, as a consequence, some or all funding will be revoked; and
(b)
what action the organisation must take in order to have the suspension lifted and avoid some or all funding being revoked.
(5)
A suspension must be for a period that the Commission considers reasonable, having considered—
(a)
the specific matters referred to in subsection (2)(a); and
(b)
the action referred to in subsection (4)(b).
(6)
The Commission may withdraw some or all funding given under section 159YA at the written request of the organisation to which the funding has been given.
(7)
If the Commission withdraws some or all funding under subsection (6), it must advise the organisation of the date on which the funding will be withdrawn.
Section 159YG: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YG heading: amended, on 30 March 2018, by section 17(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YG(6): inserted, on 30 March 2018, by section 17(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YG(7): inserted, on 30 March 2018, by section 17(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159YH Extending suspension of funding
(1)
The date on which a suspension ends under section 159YG(4)(a) may be extended by the Commission.
(2)
The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
(a)
the date on which the extended suspension will end and, as a consequence, some or all funding for all or part of the plan will be revoked; and
(b)
what action the organisation must take in order to have the extended suspension lifted and avoid some or all funding for all or part of the plan being revoked.
(3)
An extension of a suspension must be for a period that the Commission considers reasonable, having considered—
(a)
the specific matters referred to in section 159YG(2)(a); and
(b)
the action referred to in section 159YG(4)(b).
Section 159YH: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YI Effect of suspending, revoking, or withdrawing funding given under section 159YA
(1)
The effect of suspending funding given under section 159YA is that the Commission must cease payment, or cease any or all further payments, of funding given under section 159YA in respect of the plan or part of the plan in relation to which funding has been suspended.
(2)
The effect of revoking or withdrawing funding given under section 159YA is that—
(a)
the plan or part of the plan to which the funding relates is revoked; and
(b)
the Commission must cease payment, or cease any or all further payments, of funding under section 159YA in respect of the plan or part of the plan in relation to which funding has been revoked or withdrawn.
Section 159YI: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YI heading: amended, on 30 March 2018, by section 18(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YI(2): amended, on 30 March 2018, by section 18(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YI(2)(b): amended, on 30 March 2018, by section 18(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159YJ Review of decision by delegate to suspend or revoke funding given under section 159YA
(1)
Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004:
(a)
suspending funding under section 159YG; or
(b)
revoking funding under section 159YG; or
(c)
extending the suspension of funding under section 159YH.
(2)
An organisation to which this subsection applies may ask the Commission to review the decision of the delegate.
Section 159YJ: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Amending or replacing plans
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YK Organisation may seek approval for significant amendment, or replacement, of plan
(1)
In this section and sections 159YL to 159YN, significant amendment means an amendment to a plan that relates to—
(a)
a tertiary education programme or an activity in relation to which funding has been given under section 159YA; or
(b)
any of the performance indicators that an organisation uses to measure whether proposed outcomes for tertiary education programmes or activities in relation to which funding has been given under section 159YA are being or have been achieved.
(2)
An organisation may, at any time, ask the Commission to approve a significant amendment to, or the replacement of, a plan if the organisation considers that the criteria for significant amendment to a plan or the criteria for replacement of a plan are satisfied.
(2A)
The Commission must—
(a)
set the criteria for significant amendment to a plan; and
(b)
set the criteria for replacement of a plan; and
(c)
publish those criteria in the Gazette.
(3)
An organisation that proposes to make a significant amendment to, or to replace, a plan must consult with—
(a)
the stakeholders that the organisation considers ought to be consulted; and
(b)
any other person or group that the Commission stipulates.
(4)
An organisation that proposes a significant amendment to, or replacement of, a plan must prepare the significant amendment or replacement in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under subsection (5).
(5)
The Commission may prescribe the requirements for the following in relation to a significant amendment to, or a replacement of, a plan:
(a)
the content of the significant amendment or replacement (which may be the same as the matters prescribed by the Commission under section 159R):
(b)
criteria for assessing the significant amendment or replacement (which may be the same as those prescribed by the Commission under section 159Y).
(6)
In applying the requirements in subsection (5) in order to determine whether or not to approve a significant amendment to, or replacement of, a plan, the Commission must take into account—
(a)
the extent of the significant amendment or replacement; and
(b)
the impact of the significant amendment or replacement on the needs of the stakeholders and any other persons consulted by the organisation under subsection (3).
(7)
The Commission may, at any time, require an organisation to review a plan with a view to amending or replacing it if the Commission considers that the criteria for significant amendment to a plan or the criteria for replacement of a plan are satisfied.
(8)
Nothing in this section prohibits an organisation from making an amendment to a plan that is not a significant amendment.
Section 159YK: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159YK(2): amended, on 30 March 2018, by section 19(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YK(2A): inserted, on 30 March 2018, by section 19(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159YK(7): amended, on 30 March 2018, by section 19(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159YL Effect of significant amendment or replacement of plan under section 159YK
(1)
If the Commission approves a significant amendment to a plan, the significant amendment—
(a)
forms part of the plan it amends; and
(b)
takes effect on the date specified by the Commission.
(2)
If the Commission approves a replacement plan under section 159YK, the replacement plan—
(a)
takes effect on the date specified by the Commission; and
(b)
is treated as revoking the plan it replaces.
Section 159YL: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YM Commission may make significant amendment to plan
(1)
The Commission may, at any time, on its own initiative, propose a significant amendment to an organisation’s plan if it is satisfied that the significant amendment is reasonably necessary to ensure accountability for public funding.
(2)
If the Commission proposes a significant amendment to an organisation’s plan under subsection (1), it must prepare it in collaboration with the organisation (including giving the organisation a reasonable period to consult the stakeholders it considers ought to be consulted).
(3)
After collaborating with the organisation on the proposed significant amendment, the Commission must, if it decides to proceed with the significant amendment, determine the content of the significant amendment and give the organisation a reasonable opportunity to make submissions on it.
(4)
After considering any submissions made by the organisation, the Commission may—
(a)
approve the proposed significant amendment (with further amendment if necessary); or
(b)
abandon the proposed significant amendment.
Section 159YM: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YN Effect of significant amendment made to plan under section 159YM
A significant amendment made to a plan under section 159YM—
(a)
forms part of the plan it amends; and
(b)
takes effect on the date specified by the Commission.
Section 159YN: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Plan summary
Heading: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159YO Summary of plans
(1)
The Commission must prescribe and give public notice of the matters that an organisation that has a plan must include in a plan summary.
(2)
An organisation that has a plan must ensure that—
(a)
a plan summary is available for inspection by the public; and
(b)
copies of that plan summary may be obtained either at no cost or no more than a reasonable cost; and
(c)
the plan summary contains the matters prescribed under subsection (1).
Section 159YO: inserted, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159Z Profiles must be publicly available
[Repealed]Section 159Z: repealed, on 1 January 2008, by section 20 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Funding by Commission[Repealed]
Heading: repealed, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZA Minister must determine design of funding mechanisms
[Repealed]Section 159ZA: repealed, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZB Approval of profiles for funding purposes
[Repealed]Section 159ZB: repealed, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Funding under this Part other than via plans
Heading: inserted, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZC Funding other than via plans
(1)
If a funding mechanism provides for funding for an organisation other than via plans, the Commission may, under this section, fund that organisation in accordance with that funding mechanism.
(2)
Nothing in subsection (1) limits the Commission’s powers to fund organisations in other ways under a delegated authority or another enactment.
Section 159ZC: replaced, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZD Conditions on funding received under section 159ZC
(1)
It is a condition of receiving funding under section 159ZC that the recipient will supply to the Commission or Ministry, from time to time as required by the Commission or Ministry, and in a form specified by the Commission or Ministry, any financial, statistical, or other information that the Commission or Ministry requires the organisation to supply.
(2)
The Commission may impose conditions on funding received by an organisation under section 159ZC, but only if the Minister has provided that, under the funding mechanism under which that funding is provided,—
(a)
any or specified conditions may be imposed; or
(b)
specified conditions must be imposed.
(3)
The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
(4)
An amendment to a condition takes effect when the organisation has been given reasonable notice of it.
Section 159ZD: replaced, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZE Accountability for funding received under section 159ZC
(1)
An organisation that receives funding under section 159ZC must ensure that—
(a)
it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
(i)
the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
(ii)
whether any conditions on which the grant was made have been complied with; and
(b)
the records are available for inspection by the Commission at all reasonable times.
(2)
As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159ZC, the organisation must provide the Commission with—
(a)
a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes agreed with the Commission as measured by any performance indicators agreed with the Commission; and
(b)
any financial reports, or statistical or other information, required by the Commission; and
(c)
any information necessary to demonstrate compliance with any condition attached to the funding.
(3)
A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).
(4)
The Commission may exempt any organisation, group of organisations, or type of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
(5)
In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
(a)
the amount of funding sought by the organisation; and
(b)
the amount of funding received by the organisation; and
(c)
the type and size of the organisation; and
(d)
any other matters that the Commission considers relevant.
(6)
Section 203 sets out the accountability requirements for institutions.
Section 159ZE: replaced, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159ZE(1): amended, on 30 March 2018, by section 20 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159ZE(3): amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
159ZF Commission may suspend, revoke, or withdraw funding given under section 159ZC
(1)
The Commission may suspend or revoke payment, or any or all further payments, of any funding given to an organisation under section 159ZC if the Commission is satisfied on reasonable grounds that the organisation—
(a)
has not complied, or is not complying, with a condition on which the funding was given; or
(b)
is not providing, or has not provided, adequate and timely information required by the Commission or Ministry under section 159ZD.
(2)
Before deciding whether to suspend or revoke payment under subsection (1), the Commission must—
(a)
notify the organisation of the specific matters of concern; and
(b)
give the organisation a reasonable opportunity to be heard.
(3)
The Commission must give its reasons to an organisation if it decides to suspend or revoke the organisation’s funding.
(4)
The Commission must specify the following matters if it decides to suspend funding under subsection (1):
(a)
the date on which the suspension will end and, as a consequence, the funding will be revoked; and
(b)
what action the organisation must take in order to have the suspension lifted and avoid funding being revoked.
(5)
The Commission may, at the written request of an organisation, withdraw some or all payment, or any or all further payments, of any funding given to the organisation under section 159ZC.
(6)
If the Commission withdraws funding under subsection (5), it must advise the organisation of the date on which the funding will be withdrawn.
Section 159ZF: replaced, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 159ZF heading: amended, on 30 March 2018, by section 21(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159ZF(5): inserted, on 30 March 2018, by section 21(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 159ZF(6): inserted, on 30 March 2018, by section 21(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
159ZG Extending suspension of funding
(1)
The date on which a suspension ends under section 159ZF(4)(a) may be extended by the Commission.
(2)
The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
(a)
the date on which the extended suspension will end and, as a consequence, funding will be revoked; and
(b)
what action the organisation must take in order to have the extended suspension lifted and avoid funding being revoked.
(3)
An extension of a suspension must be for a period that the Commission considers reasonable having considered—
(a)
the specific matters referred to in section 159ZF(2)(a); and
(b)
the action referred to in section 159ZF(4)(b).
Section 159ZG: inserted, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
159ZH Review of decision made by delegate to suspend or revoke funding under section 159ZC
(1)
Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004:
(a)
suspending the organisation’s funding under section 159ZF; or
(b)
revoking the organisation’s funding under section 159ZF; or
(c)
extending the suspension of the organisation’s funding under section 159ZG.
(2)
An organisation to which this subsection applies may ask the Commission to review the decision of the delegate.
Section 159ZH: inserted, on 1 January 2008, by section 21 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Part 14 Establishment and disestablishment of tertiary institutions
Part 14: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
160 Object
The object of the provisions of this Act relating to institutions is to give them as much independence and freedom to make academic, operational, and management decisions as is consistent with the nature of the services they provide, the efficient use of national resources, the national interest, and the demands of accountability.
Section 160: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
161 Academic freedom and institutional autonomy of institutions (other than NZIST)
(1)
It is declared to be the intention of Parliament in enacting the provisions of this Act relating to universities, wananga, colleges of education, and specialist colleges that academic freedom and the autonomy of those institutions are to be preserved and enhanced.
(2)
For the purposes of this section, academic freedom, in relation to an institution, means—
(a)
the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions:
(b)
the freedom of academic staff and students to engage in research:
(c)
the freedom of the institution and its staff to regulate the subject matter of courses taught at the institution:
(d)
the freedom of the institution and its staff to teach and assess students in the manner they consider best promotes learning:
(e)
the freedom of the institution through its chief executive to appoint its own staff.
(3)
In exercising their academic freedom and autonomy, institutions shall act in a manner that is consistent with—
(a)
the need for the maintenance by institutions of the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and
(b)
the need for accountability by institutions and the proper use by institutions of resources allocated to them.
(4)
In the performance of their functions the Councils and chief executives of institutions, Ministers, and authorities and agencies of the Crown shall act in all respects so as to give effect to the intention of Parliament as expressed in this section.
(5)
This section does not apply to NZIST (for which section 222E provides).
Section 161: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
Section 161 heading: amended, on 1 April 2020, by section 16(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 161(1): amended, on 1 April 2020, by section 16(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 161(5): inserted, on 1 April 2020, by section 16(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
162 Establishment of institutions
(1)
Upon the commencement of this section, this Act has effect as if—
(a)
each body specified in Part 1 of Schedule 13 was established as a university under subsection (2); and
(b)
each body specified in Part 2 of that schedule was established as a college of education under subsection (2),—
(c)
[Repealed]and a reference in any other Act to an institution established under this Act shall be read as including a reference to a body referred to in paragraph (a), paragraph (b), or paragraph (c).
(2)
Subject to subsections (3) to (5), the Governor-General may, by Order in Council made on the written recommendation of the Minister, establish a body as a college of education, a specialist college, a university, or a wananga, as the Governor-General considers appropriate.
(3)
Before deciding whether or not to recommend to the Governor-General the making of an Order in Council under subsection (2), the Minister shall—
(a)
give the Qualifications Authority a reasonable period in which to give advice to the Minister on the matter and consider any advice so given; and
(ab)
satisfy himself or herself that the establishment of the institution is in the interests of the tertiary education system and the nation as a whole; and
(b)
consult with such institutions, organisations representing institutions, and other relevant bodies, as the Minister considers appropriate.
(4)
In recommending to the Governor-General under subsection (2) that a body should be established as a college of education, a specialist college, a university, or a wananga, the Minister shall take into account—
(a)
that universities have all the following characteristics and other tertiary institutions have 1 or more of those characteristics:
(i)
they are primarily concerned with more advanced learning, the principal aim being to develop intellectual independence:
(ii)
their research and teaching are closely interdependent and most of their teaching is done by people who are active in advancing knowledge:
(iii)
they meet international standards of research and teaching:
(iv)
they are a repository of knowledge and expertise:
(v)
they accept a role as critic and conscience of society; and
(b)
that—
(i)
a college of education is characterised by teaching and research required for the pre-school, compulsory and post-compulsory sectors of education, and for associated social and educational service roles:
(ii)
[Repealed](iia)
a specialist college is characterised by teaching and (if relevant) research of a specialist nature that maintains, enhances, disseminates, and assists in the application of knowledge and expertise:
(iii)
a university is characterised by a wide diversity of teaching and research, especially at a higher level, that maintains, advances, disseminates, and assists the application of, knowledge, develops intellectual independence, and promotes community learning:
(iv)
a wananga is characterised by teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding ahuatanga Maori (Maori tradition) according to tikanga Maori (Maori custom).
(5)
In the case of a college of education, specialist college, or wananga, the Minister may, on the recommendation of its council, change the name of the college of education, specialist college, or wananga by notice published in the Gazette.
(6)
In the case of a university, its name may be changed if the procedure set out in subsections (7) to (9) is followed.
(7)
The university must give written notice to the Minister of the proposed name change.
(8)
If notice is given, the Minister must present the proposal to the House of Representatives.
(9)
If the House of Representatives, by resolution, accepts the proposed name change, the Minister must change the name of the university by notice published in the Gazette.
(10)
Subsection (5) does not apply to NZIST (for which section 222A(2) provides).
Section 162: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
Section 162(1)(c): repealed, on 1 April 2020, by section 17(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 162(2): amended, on 1 April 2020, by section 17(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 162(2): amended, on 1 January 2003, by section 10(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 162(3)(ab): inserted, on 1 January 2003, by section 10(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 162(4): amended, on 1 April 2020, by section 17(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 162(4): amended, on 1 January 2003, by section 10(3) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 162(4)(b)(ii): repealed, on 1 April 2020, by section 17(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 162(4)(b)(iia): inserted, on 1 January 2003, by section 10(4) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 162(5): replaced, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).
Section 162(5): amended, on 1 April 2020, by section 17(4) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 162(6): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).
Section 162(7): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).
Section 162(8): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).
Section 162(9): inserted, on 14 May 2019, by section 12 of the Education Amendment Act 2019 (2019 No 18).
Section 162(10): inserted, on 1 April 2020, by section 17(5) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
163 Constitution of institutions
(1)
Each body referred to in section 162(1)(b) consists of its governing body, the chief executive, the teaching staff, general staff, the graduates and students, and such other people as the governing body may from time to time determine.
(2)
Each Order in Council establishing an institution shall make provision for determining the people who are to constitute the institution.
Section 163: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
Section 163(1): amended, on 1 April 2020, by section 18 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
164 Disestablishment of institutions
(1)
Subject to this section, the Governor-General may, by Order in Council made on the written recommendation of the Minister, disestablish an institution.
(2)
The Governor-General shall not disestablish a university established under section 162 unless the House of Representatives has passed a resolution approving the disestablishment of the university.
(3)
The Minister shall not recommend the disestablishment of an institution unless the Minister—
(a)
is satisfied on reasonable grounds that there are good reasons to do so; and
(ab)
is satisfied that the disestablishment is in the interests of the tertiary education system and the nation as a whole; and
(b)
specifies the reasons in the recommendation.
(4)
When an institution is, or 2 or more institutions are, disestablished, the Governor-General may, by Order in Council made on the written recommendation of the Minister, incorporate the disestablished institution or any 1 or more of the disestablished institutions in another institution, whether the other institution is—
(a)
an existing institution or a new institution established for the purpose:
(b)
an institution of the same class as the disestablished institution or institutions or an institution of a different class from it or them.
(5)
Before deciding whether or not to recommend the making of an Order in Council under subsection (1) or subsection (4), or both subsections (1) and (4), the Minister shall—
(a)
give to the council of the institution or the councils of the institutions concerned, and to every other body that the Minister considers is likely to be directly affected, written notice—
(i)
setting out the action that the Minister is considering whether to take and the reasons for that action; and
(ii)
inviting each council or other body to make a written submission to the Minister in relation to the matter; and
(b)
publish such notices as the Minister considers appropriate inviting members of the public to make written submissions in relation to the matter; and
(c)
consider any submissions made within a reasonable period in response to the notices referred to in paragraphs (a) and (b).
(6)
If an Order in Council is made under subsection (1) or subsection (4), or both subsections (1) and (4), the Minister must present to the House of Representatives a copy of the Order in Council and a statement of the reasons for the making of the Order in Council.
(7)
To avoid doubt, nothing in this section applies to NZIST.
Section 164: inserted, on 23 July 1990, by section 36 of the Education Amendment Act 1990 (1990 No 60).
Section 164(2): amended, on 25 October 2001, by section 43 of the Education Standards Act 2001 (2001 No 88).
Section 164(3)(ab): inserted, on 1 January 2003, by section 11 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 164(4): replaced, on 23 May 1998, by section 3(1) of the Education Amendment Act 1998 (1998 No 21).
Section 164(4)(b): amended, on 1 April 2020, by section 19(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 164(5): amended, on 23 May 1998, by section 3(2) of the Education Amendment Act 1998 (1998 No 21).
Section 164(6): amended, on 23 May 1998, by section 3(3) of the Education Amendment Act 1998 (1998 No 21).
Section 164(7): inserted, on 1 April 2020, by section 19(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Part 15 Administration of tertiary institutions
Part 15: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
164A Interpretation
In this Part, unless the context otherwise requires,—
Crown entity group has the meaning given by section 136 of the Crown Entities Act 2004
financial product has the meaning given by section 7 of the Financial Markets Conduct Act 2013
related entity, in relation to an institution, means a person or body that is a related party for the purpose of any financial reporting standard that applies to the institution under generally accepted accounting practice.
Section 164A: inserted, on 29 October 2016, by section 31 of the Education Legislation Act 2016 (2016 No 72).
Councils
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
165 Institutions to be governed by councils
(1)
The governing body of NZIST is its council, the members of which are appointed under section 222G.
(2)
The governing body of every other institution is its council constituted in accordance with this Part.
(3)
A reference in any enactment to the council or other governing body of an institution referred to in subsection (2) must be construed as a reference to the council of the institution.
(4)
Subject to section 193(2), all acts or things done in the name of, or on behalf of, an institution with the authority of, or of a delegate of, the council or the chief executive are to be treated as being done by the institution.
Section 165: replaced, on 1 April 2020, by section 20 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
166 Incorporation
(1)
Each body that is established as a university under section 162(2) after the commencement of section 162, NZIST, and each college of education, specialist college, or wananga, is a body corporate with perpetual succession and a common seal; and is capable of—
(a)
holding real and personal property; and
(b)
suing and being sued; and
(c)
otherwise doing and suffering all that bodies corporate may do and suffer.
(2)
This section does not limit the generality of section 192(1).
Section 166: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 166(1): amended, on 1 April 2020, by section 21 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 166(1): amended, on 1 January 2003, by section 12 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
167 Common seal
(1)
An institution may have a common seal if its council adopts one by statute.
(2)
A council may, by statute,—
(a)
specify the type or class of documents that may be executed by affixing the common seal to them; and
(b)
specify the type or class of documents that may be executed only by affixing the common seal to them; and
(c)
specify any member or members of the council, and any member or members of the staff of the institution, who may countersign documents (or a specified type or class of documents) to which the common seal is affixed.
(3)
The common seal of an institution must be judicially noticed in all courts and for all purposes.
(4)
This section does not apply to NZIST or its subsidiaries.
Section 167: replaced, on 30 March 2018, by section 22 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 167(4): inserted, on 1 April 2020, by section 22 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
167A Method of contracting
(1)
An institution may enter into a contract or other enforceable obligation as provided in this section.
(2)
An obligation that, if entered into by an individual, is required to be entered into by deed may be entered into by the council in writing, signed under the name of the institution by 2 or more members of the council.
(3)
An obligation that, if entered into by an individual, is required to be entered into in writing may be entered into by the council in writing, signed by 1 person or more than 1 person acting under the institution’s express or implied authority.
(4)
An obligation that, if entered into by an individual, is not required to be entered into in writing may be entered into by the council in writing or orally by a person acting under the institution’s express or implied authority.
(5)
This section applies to a contract or other enforceable obligation—
(a)
whether or not that obligation was entered into in New Zealand; and
(b)
whether or not the law governing that obligation is the law of New Zealand.
(6)
This section does not apply to NZIST or its subsidiaries.
Section 167A: inserted, on 30 March 2018, by section 23 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 167A(6): inserted, on 1 April 2020, by section 23 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Constitution of councils
Heading: inserted, on 23 July 1990, by section 37 of the Education Amendment Act 1990 (1990 No 60).
168 Constitutions of councils of existing institutions
[Repealed]Section 168: repealed, on 18 December 2009, by section 6 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
169 Constitutions of councils of new institutions
(1)
For the purpose of advising the Minister as to the constitution for the council of a body that is, or is to be, established under section 162(2), the Minister shall appoint a committee (in this section referred to as an establishment committee) consisting of 3 persons.
(2)
The establishment committee shall recommend to the Minister a constitution for the council that is, in the opinion of that committee, appropriate for the institution and complies with the requirements of section 171.
(3)
When the establishment committee has recommended a constitution for the council in accordance with subsection (2), the Minister shall, by notice published in the Gazette, determine the constitution of the council in accordance with the recommendation.
(4)
This section does not apply to the membership of NZIST’s council.
Section 169: inserted, on 23 July 1990, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 169(4): replaced, on 1 April 2020, by section 24 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
170 Amendment of constitution
(1)
If, after the constitution of a council has been determined, the council recommends to the Minister that the constitution be amended in a manner that complies with the requirements of section 171, the Minister shall, by notice published in the Gazette, amend the constitution in accordance with the recommendation.
(2)
Subsection (1) does not apply to NZIST’s council.
Section 170: inserted, on 23 July 1990, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 170(2): replaced, on 1 April 2020, by section 25 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
170A Constitution to provide for membership of council
(1)
The constitution of a council must provide that it has 8, 9, 10, 11, or 12 members.
(2)
Subsection (1) does not apply to the membership of NZIST’s council (for which section 222G provides).
Section 170A: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 170A(2): replaced, on 1 April 2020, by section 26 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171 Membership of council
(1)
The council of an institution must have a total of 8, 9, 10, 11, or 12 members, as provided in its constitution, comprising—
(a)
the following number of members appointed by the Minister by written notice to the council:
(i)
4 members (in the case of a council comprising 10, 11, or 12 members):
(ii)
3 members (in the case of a council comprising 8 or 9 members); and
(b)
enough members appointed by the council by resolution, in accordance with its statutes, to bring the membership up to that total number.
(2)
Subsection (1) does not apply to the membership of NZIST’s council (for which section 222G provides).
Section 171: replaced, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171(2): replaced, on 1 April 2020, by section 27 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171A Certain people disqualified from appointment
(1)
A person cannot be appointed as a member of the council of an institution if he or she—
(a)
has at any time after the commencement of section 7 of the Education Amendment Act 2015 been removed as a member of the council of any institution of any kind; or
(b)
is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
(c)
is a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on—
(i)
his or her competence to manage his or her own affairs in relation to his or her property; or
(ii)
his or her capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
(d)
is a bankrupt—
(i)
who has not obtained his or her order of discharge; or
(ii)
whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled.
(2)
Subsection (1) does not apply to the membership of NZIST’s council (for which section 222G(2) provides).
Section 171A: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171A(2): replaced, on 1 April 2020, by section 28 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171B Matters to be considered when appointing members
(1)
It is desirable that the council of an institution should, so far as is reasonably practicable, reflect—
(a)
the ethnic and socio-economic diversity of the communities served by the institution; and
(b)
the fact that approximately half the population of New Zealand is male and half the population is female.
(2)
When appointing members of a council, the Minister or council must have regard to subsection (1), but—
(a)
must ensure that at least 1 member of the council is Māori; and
(b)
must appoint people who (in the Minister’s or council’s opinion)—
(i)
have relevant knowledge, skills, or experience; and
(ii)
are likely to be able to fulfil their individual duties to the council; and
(iii)
together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
(2A)
When appointing members of a council, the council must ensure that—
(a)
at least—
(i)
1 member is a permanent member of the teaching or general staff of the institution that the permanent members of the teaching and general staff of the institution have elected to represent them; or
(ii)
1 member is a permanent member of the teaching staff of the institution that the permanent members of the teaching staff of the institution have elected to represent them and 1 member is a permanent member of the general staff of the institution that the permanent members of the general staff of the institution have elected to represent them; and
(b)
at least 1 member is a student—
(i)
who is enrolled in the institution; and
(ii)
whom the students of the institution have elected to represent them.
(2B)
However, subsection (2A) does not apply to the membership of the council of a wānanga.
(2C)
An elected person specified in subsection (2A)—
(a)
is to be treated as meeting any relevant knowledge, skills, or experience requirements; and
(b)
must be appointed unless the person is ineligible for appointment under section 171A(1).
(2D)
An institution or its council may not specify who is eligible to stand for election as a representative of—
(a)
the permanent members of the teaching or general staff of the institution; or
(b)
the students of the institution.
(2E)
Before making an appointment under this section, the Minister must seek, and consider, nominations from the relevant council.
(3)
This section does not apply to the membership of NZIST’s council (for which section 222H provides).
Section 171B: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171B(2A): inserted, on 24 October 2018, by section 13(1) of the Education Amendment Act 2018 (2018 No 40).
Section 171B(2B): inserted, on 24 October 2018, by section 13(1) of the Education Amendment Act 2018 (2018 No 40).
Section 171B(2C): inserted, on 24 October 2018, by section 13(1) of the Education Amendment Act 2018 (2018 No 40).
Section 171B(2D): inserted, on 24 October 2018, by section 13(1) of the Education Amendment Act 2018 (2018 No 40).
Section 171B(2E): inserted, on 24 October 2018, by section 13(1) of the Education Amendment Act 2018 (2018 No 40).
Section 171B(3): replaced, on 1 April 2020, by section 29 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171C Statutes relating to appointment of members by councils of institutions
(1)
The council of an institution may make statutes relating to the appointment of members under section 171(1)(b).
(2)
In respect of any of the appointments the council has power to make, the statutes—
(a)
may provide for direct appointment by the council of a member chosen by the council; or
(b)
may require the council to appoint a member—
(i)
of a stated description; or
(ii)
holding a stated office; or
(iii)
nominated by a stated institution or institutions, or an institution or institutions of a stated description; or
(iv)
elected by people of a stated description.
(3)
To the extent that the statutes require the council to appoint any member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined.
(4)
To the extent that the statutes require the council to appoint any member nominated by a stated institution or institutions, or an institution or institutions of a stated description, they must also provide for the process by which nominations may be called for and must be considered.
(5)
In the case of an appointment pursuant to a statute providing for any of the matters stated in subsection (2)(b), it is a sufficient compliance with section 171B(2)(b) if, when making the statute concerned, the council—
(a)
had regard to section 171B(1); and
(b)
was satisfied that compliance with the statute would be likely to result in the appointment of a person who—
(i)
has relevant knowledge, skills, or experience; and
(ii)
is likely to be able to fulfil his or her individual duties to the council; and
(iii)
together with the other members of the council, is capable of undertaking its responsibilities, duties, and functions.
(6)
Subsections (2) to (4) do not limit the generality of section 194.
(7)
This section does not apply to the membership of NZIST’s council.
Section 171C: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171C(1): amended, on 1 April 2020, by section 30(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 171C(7): inserted, on 1 April 2020, by section 30(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171D Limitations on number of occasions on which people may be appointed as members of councils
(1)
The constitution of the council of an institution must contain a provision limiting the number of occasions on which a person may be appointed as a member of the council.
(2)
A person cannot be appointed as a member of the council of an institution if he or she has previously been appointed as a member of the council on the number of occasions, or more than the number of occasions, stated in the provision described in subsection (1).
(3)
For the purposes of subsection (2), appointed means—
(a)
appointed, elected, or co-opted, (otherwise than to fill a casual vacancy) before the commencement of section 7 of the Education Amendment Act 2015; or
(b)
appointed on or after that commencement.
(4)
Except as provided in subsection (2), a person is not ineligible for appointment as a member of the council of an institution just because he or she has previously been a member of the council.
(5)
This section does not apply to NZIST’s council.
Section 171D: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171D(5): replaced, on 1 April 2020, by section 31 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
171E Membership of more than 1 council
A person who is a member of the council of an institution may be appointed as a member of the council of another institution (whether or not they are institutions of the same kind).
Section 171E: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
171F Certain acts and proceedings not invalidated by defects
(1)
No act or proceeding of a council of an institution, or of any committee of a council of an institution, is invalidated by—
(a)
a defect in the appointment of a member of the council or committee; or
(b)
a defect in the nomination of a member of the council or committee for appointment as a member of the council; or
(c)
a defect in the election of a member of the council or committee for appointment as a member of the council; or
(d)
a disqualification of a member of the council or committee; or
(e)
a vacancy or vacancies in the membership of the council or committee; or
(f)
a defect in the convening of any meeting.
(2)
This section does not apply to NZIST’s council (for which section 222G(3) provides).
Section 171F: inserted, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 171F(2): replaced, on 1 April 2020, by section 32 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
172 Transitional provisions relating to an institution’s first council
[Repealed]Section 172: repealed, on 18 December 2009, by section 10 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
173 Term of office
(1)
When appointing a member of the council of an institution, the Minister or council—
(a)
may appoint the member for any period of not more than 4 years; and
(b)
must state in the notice or resolution appointing him or her—
(i)
the day on which his or her appointment takes effect; and
(ii)
the term for which he or she is appointed.
(2)
If the term of office of a member of a council expires before a successor is appointed, he or she continues in office until his or her successor’s appointment takes effect.
(3)
This section does not apply to appointments to NZIST’s council (for which section 222J provides).
Section 173: replaced, on 13 February 2015, by section 7 of the Education Amendment Act 2015 (2015 No 1).
Section 173(3): inserted, on 1 April 2020, by section 33 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
174 Vacation of office
(1)
A member of a council may resign as a member by written notice signed by the member and given to the chief executive.
(1A)
Subsection (1) does not apply to the chief executive of an institution who has been appointed by its council pursuant to a statute requiring it to appoint the chief executive as a member of the council.
(2)
[Repealed](2A)
[Repealed](3)
The council may, by resolution, dismiss a member of a council (other than the chief executive) as a member if the member—
(aa)
has, after the commencement of section 7 of the Education Amendment Act 2015, been removed as a member of the council of some other institution; or
(a)
is declared bankrupt; or
(b)
becomes subject to a property order under the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 of that Act); or
(ba)
becomes subject to a personal order under that Act that reflects adversely on his or her—
(i)
competence to manage his or her own affairs in relation to his or her property; or
(ii)
capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
(c)
fails to attend 3 consecutive meetings of the council without having given to the chief executive prior notice of his or her inability to attend the meeting concerned; or
(d)
without reasonable excuse, fails to comply with section 175.
(3A)
The council may, by resolution, suspend a member of the council (other than the chief executive) as a member if the member becomes subject to a property order made under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders).
(3B)
If a member is suspended under subsection (3A),—
(a)
the suspension has effect as if the member had been granted leave of absence; and
(b)
the member is not capable of acting as a member during the period of suspension; and
(c)
the suspension continues until the property order made under section 30 of the Protection of Personal and Property Rights Act 1988 ceases to be in force (but this does not affect any powers of the council under subsection (3) in respect of the member).
(4)
The chief executive shall send to the member concerned a letter setting out the terms of the resolution dismissing or suspending the member.
(5)
This section does not apply to a member of NZIST’s council.
Section 174: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 174(1): amended, on 1 March 2010, by section 12(1) of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 174(1A): replaced, on 13 February 2015, by section 8(1) of the Education Amendment Act 2015 (2015 No 1).
Section 174(2): repealed, on 13 February 2015, by section 8(2) of the Education Amendment Act 2015 (2015 No 1).
Section 174(2A): repealed, on 13 February 2015, by section 8(2) of the Education Amendment Act 2015 (2015 No 1).
Section 174(3)(aa): inserted, on 13 February 2015, by section 8(3) of the Education Amendment Act 2015 (2015 No 1).
Section 174(3)(b): replaced, on 10 September 2008, by section 4(5) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 174(3)(ba): inserted, on 10 September 2008, by section 4(5) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 174(3A): inserted, on 10 September 2008, by section 4(6) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 174(3B): inserted, on 10 September 2008, by section 4(6) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 174(4): amended, on 10 September 2008, by section 4(7) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 174(5): inserted, on 1 April 2020, by section 34 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
175 Disclosure of interest
(1)
A member of, or of a committee of, a council who has an interest in a matter being considered or about to be considered by the council or committee, as the case may be, shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the council or committee.
(2)
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the council or committee and the member shall not unless the council decides otherwise—
(a)
be present during any deliberation of the council or committee with respect to that matter; or
(b)
take part in any decision of the council or committee with respect to that matter.
(3)
For the purposes of this section, a person has an interest in a matter if, and only if, the matter relates to the conditions of service of the person as the chief executive or a member of the staff of the institution concerned or the person has any other direct or indirect pecuniary interest in the matter.
Section 175: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
176 Casual vacancies
(1)
If the office of a member of the council of an institution becomes vacant before the end of the member’s term of office,—
(a)
another person must be appointed to the office by the procedure by which the member became a member; but
(b)
if the procedure is no longer available (or no longer applicable to the vacant position), the council must consider whether it is necessary to appoint another person under its constitution and, if so,—
(i)
determine the appropriate procedure for appointment of another person; and
(ii)
appoint another person using it.
(2)
If the office becomes vacant within 6 months before the end of the member’s term of office, the Minister or council (as the case may be) may decide that the vacancy does not need to be filled under this section.
(3)
Sections 173 and 174 apply to an appointment under this section.
(4)
This section does not apply to appointments to NZIST’s council.
Section 176: replaced, on 13 February 2015, by section 9 of the Education Amendment Act 2015 (2015 No 1).
Section 176(2): amended, on 30 March 2018, by section 24 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 176(4): inserted, on 1 April 2020, by section 35 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
176A Individual duties of members of councils
(1)
A member of the council of an institution, when acting as a member of the council in any circumstances,—
(a)
must—
(i)
act with honesty and integrity; and
(ii)
act in the interests of the institution as a whole; and
(iii)
act in a manner that promotes the performance of the functions characteristic of an institution of the kind to which he or she belongs, and the duties of the council; and
(iv)
act in good faith, and not pursue his or her own interests at the expense of the council’s interests; and
(b)
must exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account—
(i)
the nature of the institution; and
(ii)
the nature of the action; and
(iii)
the position of the member as a member of the council of an institution, and the nature of the responsibilities undertaken by him or her; and
(c)
must not disclose any information to which subsection (3) applies to any person, or make use of, or act on, that information, except—
(i)
in the performance of the council’s functions; or
(ii)
as required or permitted by law; or
(iii)
if he or she has earlier been authorised to do so by the council; or
(iv)
if disclosing, making use of, or acting on it will not, or will be unlikely to, prejudice the council or the institution; or
(v)
in complying with requirements for members to disclose interests.
(2)
The fact that a member of the council of an institution was appointed by the council in accordance with a statute providing for the appointment of a member (or 2 or more members) to represent the interests of a stated institution or of people or institutions of a stated description does not displace or limit the member’s duty under subsection (1)(a)(ii) to act in the interests of the institution as a whole.
(3)
This subsection applies to information that—
(a)
a member of the council of an institution has in his or her capacity as a member of the council; and
(b)
would not otherwise be available to him or her.
(4)
Subparagraphs (i) to (iii) of paragraph (b) of subsection (1) do not limit the generality of that paragraph.
(5)
This section does not apply to a member of NZIST’s council.
Section 176A: inserted, on 13 February 2015, by section 10 of the Education Amendment Act 2015 (2015 No 1).
Section 176A(5): inserted, on 1 April 2020, by section 36 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
176B Accountability for individual duties
(1)
The duties of a member of the council of an institution (council member) under section 176A (individual duties) are duties owed to the Minister and the council.
(2)
A council member who does not comply with his or her individual duties may be removed from office under section 176C.
(3)
The council of an institution may bring an action against a council member for breach of any individual duty.
(4)
Except as provided in subsections (2) and (3), a council member is not liable for a breach of an individual duty.
(5)
This section does not affect any other ground for removing a council member from office.
(6)
Subsection (4) does not affect anything for which a council member may be liable under any other Act or rule of law arising from the act or omission that constitutes the breach concerned.
(7)
Subsection (4) does not affect anything for which a council member who is the chief executive of the institution concerned may, as chief executive, be liable under this Act or any other Act or rule of law, arising from the act or omission that constitutes the breach concerned.
(8)
This section does not apply to a member of NZIST’s council.
Section 176B: inserted, on 13 February 2015, by section 10 of the Education Amendment Act 2015 (2015 No 1).
Section 176B(2): amended, on 1 April 2020, by section 37(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 176B(8): inserted, on 1 April 2020, by section 37(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
176C Removal of members
(1)
If the council of an institution believes that the actions of a member may justify his or her removal from office, it must give the Minister a written report stating—
(a)
its reasons for believing that the actions may justify his or her removal; and
(b)
the information or grounds in support of those reasons; and
(c)
its recommendation as to whether the member should be removed from office.
(2)
After considering the report, the Minister may, if satisfied that there is just cause to do so, remove the member from office.
(3)
The removal must be made by written notice to the member (with a copy to the council).
(4)
The notice must state—
(a)
the day on which the removal takes effect, which must not be earlier than the day on which the notice is received; and
(b)
the reasons for the removal.
(5)
The Minister must notify the removal in the Gazette as soon as practicable after giving the notice.
(6)
This section does not limit or affect section 174.
(7)
For the purposes of subsection (2), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of any of the collective duties of the council or the individual duties of members (depending on the seriousness of the breach).
(8)
This section does not apply to the removal from office of a member of NZIST’s council.
Section 176C: inserted, on 13 February 2015, by section 10 of the Education Amendment Act 2015 (2015 No 1).
Section 176C(8): replaced, on 1 April 2020, by section 38 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
176D Process for removal
The Minister may remove a member of the council of an institution under section 176C with as little formality and technicality, and as much expedition, as is permitted by—
(a)
the principles of natural justice; and
(b)
a proper consideration of the matter; and
(c)
the requirements of that section.
Section 176D: inserted, on 13 February 2015, by section 10 of the Education Amendment Act 2015 (2015 No 1).
176E Application of Local Authorities (Members’ Interests) Act 1968
(1)
A council of an institution is not a local authority for the purposes of the Local Authorities (Members’ Interests) Act 1968.
(2)
Subsection (1) is for the avoidance of doubt.
Section 176E: inserted, on 13 February 2015, by section 10 of the Education Amendment Act 2015 (2015 No 1).
177 Chairperson and deputy chairperson
(1)
At the first meeting of a council the council shall elect one of its members to be the chairperson, and another of its members to be the deputy chairperson, of the council.
(2)
Whenever a vacancy subsequently occurs in the office of chairperson or deputy chairperson of the council, the council shall elect one of its members to fill the vacant office.
(2A)
The election of a member to fill the vacant office of chairperson or deputy chairperson of the council must be for a stated period (not exceeding the term of the member’s current term as a member of the council).
(3)
A member of the council who is the chief executive of the institution, a member of the staff of the institution, or a student enrolled at the institution is not eligible for election as the chairperson or deputy chairperson of the council.
(4)
The chairperson or deputy chairperson of a council—
(a)
holds office for the period for which he or she is elected; but
(b)
is eligible for re-election.
(5)
If the term of office of the chairperson or deputy chairperson of a council expires before a successor is elected, he or she continues in office until a successor is elected.
(5A)
Subsection (5) overrides subsection (4).
(6)
The chairperson or deputy chairperson of a council—
(a)
may resign as chairperson or deputy chairperson by written notice signed by him or her and given to the chief executive; and
(b)
ceases to hold office as chairperson or deputy chairperson if—
(i)
he or she ceases to be a member of the council; or
(ii)
he or she becomes the chief executive, a member of the staff or a student of the institution; or
(iii)
the council passes a resolution to the effect that it has no confidence in the chairperson or deputy chairperson, as the case may be.
(6A)
Subsection (6) overrides subsections (4) and (5).
(7)
The chairperson of the council of a university may be referred to as the Chancellor or by such other title as the council determines and the chairperson of the council of an institution other than a university may be referred to by such title (other than Chancellor or another title that includes the word Chancellor) as the council determines.
(8)
The deputy chairperson of the council of a university may be referred to as the Pro-Chancellor or by such other title as the council determines and the deputy chairperson of the council of an institution other than a university may be referred to by such title (other than Pro-Chancellor or another title that includes the word Chancellor) as the council determines.
(9)
This section does not apply to the chairperson or deputy chairperson of NZIST’s council (for which section 222I provides).
Section 177: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 177(2A): inserted, on 13 February 2015, by section 11(1) of the Education Amendment Act 2015 (2015 No 1).
Section 177(3): replaced, on 13 February 2015, by section 11(1) of the Education Amendment Act 2015 (2015 No 1).
Section 177(4): replaced, on 13 February 2015, by section 11(1) of the Education Amendment Act 2015 (2015 No 1).
Section 177(5): replaced, on 13 February 2015, by section 11(1) of the Education Amendment Act 2015 (2015 No 1).
Section 177(5A): inserted, on 13 February 2015, by section 11(1) of the Education Amendment Act 2015 (2015 No 1).
Section 177(6A): inserted, on 13 February 2015, by section 11(2) of the Education Amendment Act 2015 (2015 No 1).
Section 177(9): replaced, on 1 April 2020, by section 39 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
178 Meetings of councils
(1)
The chairperson of a council may convene meetings to be held at such places and times as he or she determines.
(2)
It is the duty of the chairperson of a council to convene such meetings as he or she thinks necessary for the efficient performance of the functions of the council.
(3)
If so requested by written notice by not fewer than 3 members of a council, the chairperson of the council shall convene a meeting.
(4)
If there is no chairperson of a council or for any reason the chairperson is not available, the deputy chairperson of the council has the powers and duties of the chairperson under subsections (1) to (3) and references in those subsections to the chairperson shall be construed as references to the deputy chairperson.
(4A)
Meetings may be held by means of audio, audio and visual, or electronic communication if—
(a)
each member who wishes to participate in the meeting has access to the technology needed to participate in the meeting; and
(b)
a quorum of members can simultaneously communicate with each other throughout the meeting.
(4B)
If a meeting is held in accordance with subsection (4A), each member who participates in the meeting by means of audio, audio and visual, or electronic communication is present at the meeting for the purposes of subsections (5) to (9).
(5)
No business shall be transacted at a meeting unless a majority of the members then holding office are present.
(6)
The chairperson shall preside at all meetings at which he or she is present.
(7)
If the chairperson is not present at a meeting but the deputy chairperson is present, the deputy chairperson shall preside.
(8)
If neither the chairperson nor the deputy chairperson is present at a meeting, the members present shall appoint one of their number to preside.
(9)
Every question before a meeting shall be decided by a majority of the votes cast on it by the members present.
(10)
At a meeting the member presiding has a deliberative vote on every question, and on any question where the deliberative votes for and against are equal also has a casting vote.
(11)
Except as provided by this section, a council shall determine its own procedures.
Section 178: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 178(3): amended, on 13 February 2015, by section 12 of the Education Amendment Act 2015 (2015 No 1).
Section 178(4A): inserted, on 30 March 2018, by section 25 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 178(4B): inserted, on 30 March 2018, by section 25 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
179 Fees and allowances
(1)
A member of a council other than the chief executive may be paid fees at such rates (not exceeding maximum rates fixed by the Minister in accordance with the fees framework) as the council determines.
(2)
A member of a council of an institution is entitled, in accordance with the fees framework, to be reimbursed, out of the funds of the entity, for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
(3)
For the purposes of this section, fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest, including statutory entities and their subsidiaries and tertiary education institutions.
(4)
This section does not apply to a member of NZIST’s council.
Section 179: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 179(4): inserted, on 1 April 2020, by section 40 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Functions and duties of councils
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
180 Functions of councils
(1)
The functions of the council of an institution are—
(a)
to appoint a chief executive in accordance with the State Sector Act 1988, and to monitor and evaluate his or her performance:
(b)
to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:
(c)
if the institution has a plan,—
(i)
to ensure that the institution is managed in accordance with that plan; and
(ii)
to determine policies to implement that plan:
(d)
to determine, subject to the State Sector Act 1988, the policies of the institution in relation to the management of its affairs:
(e)
to undertake planning relating to the institution’s long-term strategic direction.
(2)
[Repealed]Section 180: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 180(1)(a): amended, on 25 October 2001, by section 45 of the Education Standards Act 2001 (2001 No 88).
Section 180(1)(b): replaced, on 1 January 2008, by section 22(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 180(1)(c): replaced, on 1 January 2008, by section 22(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 180(1)(d): replaced, on 1 January 2008, by section 22(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 180(1)(e): replaced, on 1 January 2008, by section 22(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 180(2): repealed, on 1 January 2008, by section 22(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
181 Duties of councils
(1)
It is the duty of the council of an institution, in the performance of its functions and the exercise of its powers,—
(a)
to strive to ensure that the institution attains the highest standards of excellence in education, training, and research:
(b)
to acknowledge the principles of the Treaty of Waitangi:
(c)
to encourage the greatest possible participation by the communities served by the institution so as to maximise the educational potential of all members of those communities with particular emphasis on those groups in those communities that are under-represented among the students of the institution:
(d)
to ensure that the institution does not discriminate unfairly against any person:
(e)
to ensure that the institution operates in a financially responsible manner that ensures the efficient use of resources and maintains the institution’s long-term viability:
(f)
to ensure that proper standards of integrity, conduct, and concern for—
(i)
the public interest; and
(ii)
the well-being of students attending the institution—
are maintained.
(2)
In addition, NZIST’s council must comply with section 97 of the Crown Entities Act 2004 in respect of its subsidiaries.
Section 181: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 181(1)(e): replaced, on 25 October 2001, by section 46 of the Education Standards Act 2001 (2001 No 88).
Section 181(2): inserted, on 1 April 2020, by section 41 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
182 Determination of policy
(1)
In determining the policy of an institution with respect to any matter relating to the institution, the council of the institution shall consult with any board, committee, or other body established within the institution that has responsibility for giving advice in relation to, or for giving effect to, the policy of the institution with respect to that matter.
(2)
The council of an institution shall establish an academic board consisting of the institution’s chief executive, and members of the staff and students of the institution, to—
(a)
advise the council on matters relating to courses of study or training, awards, and other academic matters; and
(b)
exercise powers delegated to it by the council.
(3)
The academic board shall be deemed for the purposes of section 222 to be a committee appointed by the council under section 193(2)(i).
(4)
Without limiting the generality of subsection (1), the council of an institution shall not make any decision or statute in respect of any academic matter referred to in subsection (2) unless it has requested the advice of the academic board and considered any advice given by the academic board.
(5)
Without derogating from the duties of the council of an institution under subsections (1) and (4), a decision or statute made by the council is not invalid merely because of a failure of the council to comply with either of those subsections.
(6)
This section does not apply to NZIST (for which section 222K provides).
Section 182: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 182(6): inserted, on 1 April 2020, by section 42 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
183 Personal liability
No member of the council of an institution is personally liable for any act done or omitted by the member or by the council—
(a)
in good faith; and
(b)
in pursuance or intended pursuance of the functions of the institution or of the council.
Section 183: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Charters[Repealed]
Heading: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
184 Each institution to have charter
[Repealed]Section 184: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
184A Interim arrangements for charters
[Repealed]Section 184A: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
185 Consultations
[Repealed]Section 185: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
186 Consideration of proposed charter or amendment
[Repealed]Section 186: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
187 Power of Minister to initiate amendment of charter
[Repealed]Section 187: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
188 Approval of charter or amendment
[Repealed]Section 188: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
189 What happens if institution has no charter
[Repealed]Section 189: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
190 Mandatory requirements for charter
[Repealed]Section 190: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
191 Charter to be available for inspection
[Repealed]Section 191: repealed, on 1 January 2004, by section 15 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Profiles[Repealed]
Heading: repealed, on 1 January 2008, by section 23 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
191A Each institution to have a profile
[Repealed]Section 191A: repealed, on 1 January 2008, by section 23 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Powers of institutions and councils
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
192 Powers of institutions
(1)
Subject to subsection (2), an institution has—
(a)
the rights, powers, and privileges of a natural person; and
(b)
the power to issue debentures; and
(c)
the power to grant floating charges on the institution’s undertaking or property, or any of it; and
(ca)
the power to invest in the financial products of a related entity; and
(d)
the power to do any other thing it is authorised to do by this Act, by any other enactment, or by any rule of law.
(2)
None of the rights, powers, or privileges of an institution shall be exercised except for the purpose of performing—
(a)
functions characteristic of institutions of the class to which the institution belongs; or
(aa)
in the case of an institution that incorporates another institution or other institutions under section 164(4), functions characteristic of institutions of the class to which the incorporating institution belongs and functions characteristic of institutions of the class or classes to which the incorporated institution or institutions belong; or
(ab)
[Repealed](b)
functions of a kind that, in the opinion of the institution’s council,—
(i)
may conveniently, and without disadvantage to the performance of those characteristic functions, be performed in association with those functions; and
(ii)
are appropriate for institutions of the class to which the institution belongs or, in the case of an institution that incorporates another institution or other institutions under section 164(4), are appropriate for institutions of the classes represented in the institution.
(3)
Paragraphs (b) to (d) of subsection (1) do not affect the generality of paragraph (a) of that subsection.
(4)
Subject to subsection (5), an institution shall not exercise any of the following powers without the written consent of the Secretary:
(a)
the power to sell or otherwise dispose of assets or interests in assets:
(b)
the power to mortgage or otherwise charge assets or interests in assets:
(c)
the power to grant leases of land or buildings or parts of buildings:
(d)
the power to borrow, issue debentures, or otherwise raise money.
(5)
Subsection (4) does not prohibit an institution, without the consent of the Secretary, from—
(a)
selling or otherwise disposing of, or mortgaging or otherwise charging, an asset or an interest in an asset, where the value of the asset or interest does not exceed an amount determined by the Minister or an amount ascertained in accordance with a formula determined by the Minister:
(b)
granting a lease for a term that does not exceed, and when added to any term for which the lease may be renewed does not exceed, 15 years:
(c)
borrowing, issuing debentures, or otherwise raising money, where the amount to be borrowed, the amount of the debentures, or the amount to be raised, does not exceed an amount determined by the Minister or ascertained in accordance with a formula determined by the Minister.
(6)
A determination by the Minister under this section may relate to all institutions, institutions of a specified class or description, or a specified institution or institutions, and shall be made after the Minister has consulted the institution or institutions concerned.
(7)
Where the Secretary consents under subsection (4) to the exercise of a power by an institution, the council shall comply with any conditions imposed by the Secretary and shall tell the Secretary when the transaction has been completed and how the proceeds, if any, of the transaction have been dealt with.
(8)
Subject to subsection (11), the powers to grant awards conferred on an institution by this Act or any other enactment—
(a)
in the case of nationally recognised awards, are subject to any reasonable requirements made by the Qualifications Authority in the performance of its functions under this Act; and
(b)
in any case, do not extend, without the consent of that Authority, to granting an award that is described as a degree or the description of which includes the words bachelor, master, or doctor.
(9)
Subsection (8)(b) does not apply in relation to the granting of an award by a university.
(10)
Any consent by the Qualifications Authority under subsection (8)(b) may be withdrawn, after consultation with the council of the institution concerned, with effect from a date not earlier than 1 January next following the giving of notice of the withdrawal to that institution.
(11)
Nothing in this Act prevents an institution that was in existence immediately before the commencement of this section—
(a)
from granting during the 2 years following that commencement an award of a kind or description that the institution, or the governing body of that institution, was entitled to grant immediately before that commencement; or
(b)
from granting after that period an award to a person in consequence of the person’s having completed a programme of study or training that the person commenced to undertake before the end of that period.
Section 192: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 192(1)(ca): inserted, on 29 October 2016, by section 32(1) of the Education Legislation Act 2016 (2016 No 72).
Section 192(2)(aa): inserted, on 23 May 1998, by section 4(1) of the Education Amendment Act 1998 (1998 No 21).
Section 192(2)(ab): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 192(2)(b)(ii): amended, on 23 May 1998, by section 4(2) of the Education Amendment Act 1998 (1998 No 21).
Section 192(5)(b): amended, on 1 January 2008, by section 24 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 192(11)(b): amended, on 30 August 2011, by section 20 of the Education Amendment Act 2011 (2011 No 66).
193 Powers of councils
(1)
The council of an institution has all powers reasonably necessary to enable it to perform its functions efficiently and effectively.
(2)
Except where they are exercised by delegation under this Act, the following powers of an institution shall be exercised only by the institution’s council:
(a)
to provide courses of study or training, admit students (including provisionally and ad eundem statum) and grant awards:
(b)
to grant fellowships, scholarships, bursaries, or prizes:
(c)
to authorise the making of grants or loans out of the money of the institution to the chief executive, to members of the staff or students of the institution, or to any association of staff or students, on such terms and conditions as the council thinks fit and guarantee loans made by other persons to the chief executive or members of the staff of the institution for housing purposes:
(d)
to accept gifts, devises, and bequests made to the institution, whether on trust or otherwise:
(e)
to agree to the disestablishment of the institution and its incorporation in another institution of the same class or a different class:
(ea)
to agree to the incorporation in the institution of another institution or other institutions, whether of the same class as itself or a different class from itself:
(f)
to arrange for the manufacture of, and distribute (whether by way of sale or otherwise), any article or thing bearing a mark, symbol or writing that is associated with the institution:
(g)
to arrange for the provision of (whether by sale or otherwise) goods and services to staff or students of the institution or other persons using, or otherwise attending at, facilities of the institution:
(h)
to prescribe fees payable by students of the institution or any of them:
(i)
to establish boards or other bodies within the institution to give advice to the council:
(j)
to do anything incidental to the exercise of any of the preceding powers.
(2A)
Subsection (2)(e) and (ea) does not apply to NZIST’s council.
(3)
The council of an institution has power to appoint committees consisting of such persons, whether or not members of the council, as the council determines to exercise such powers as are delegated to them under section 222 and such powers as are conferred on them by statutes made by the council, and to alter, discharge, and reconstitute committees so appointed.
Section 193: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 193(2)(e): replaced, on 23 May 1998, by section 5 of the Education Amendment Act 1998 (1998 No 21).
Section 193(2)(e): amended, on 1 April 2020, by section 43(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 193(2)(ea): inserted, on 23 May 1998, by section 5 of the Education Amendment Act 1998 (1998 No 21).
Section 193(2)(ea): amended, on 1 April 2020, by section 43(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 193(2A): inserted, on 1 April 2020, by section 43(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
194 Statutes
(1)
The council of an institution and the board of an NZIST subsidiary may make statutes, not inconsistent with this Act or the State Sector Act 1988, with respect to any of the following matters:
(a)
the good government and discipline of the institution:
(b)
the imposition, by or on behalf of the council, of penalties upon staff or students of the institution for contravention of or failure to comply with a statute with respect to a matter referred to in paragraph (a):
(c)
[Repealed](d)
[Repealed](e)
subject to Part 16, the enrolment of persons in courses of study or training of the institution or the admission of persons to examinations of the institution:
(f)
subject to Part 16, the courses of study and training of the institution:
(g)
subject to section 192(8), the awards that may be granted by the council and the requirements for those awards:
(h)
the granting by the council of fellowships, scholarships, bursaries, and prizes:
(i)
the provision of superannuation or retirement benefits for, or in respect of, the chief executive or members of the staff of the institution:
(ia)
any of the matters stated in section 171C:
(j)
any other matter required or permitted by this Act to be provided for by statutes.
(1A)
Subsection (1)(ia) does not apply to NZIST’s council or the board of an NZIST subsidiary.
(2)
If the council of an institution makes a statute under subsection (1)(b) providing for the imposition of penalties upon staff or students of the institution, the statute shall provide for the council, if so requested by a member of the staff or a student upon whom a penalty is imposed, to review, or arrange for the review of, the amount of the penalty, the imposition of the penalty, or both.
Section 194: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 194(1): amended, on 1 April 2020, by section 44(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 194(1)(c): repealed, on 13 February 2015, by section 13(1) of the Education Amendment Act 2015 (2015 No 1).
Section 194(1)(d): repealed, on 13 February 2015, by section 13(1) of the Education Amendment Act 2015 (2015 No 1).
Section 194(1)(ia): inserted, on 13 February 2015, by section 13(2) of the Education Amendment Act 2015 (2015 No 1).
Section 194(1A): inserted, on 1 April 2020, by section 44(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
195 Trust property
Despite anything to the contrary in this Act or any other enactment relating to the institution (including NZIST and its subsidiaries), any real or personal property held by the institution upon trust must be dealt with in accordance with the powers and duties of the institution as trustee.
Section 195: replaced, on 1 April 2020, by section 45 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Institutions at risk
Heading: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
195A Criteria for risk assessment of institutions (other than NZIST)
(1)
The Secretary must, after consulting institution councils, determine—
(a)
criteria for assessing the level of risk to the operation and long-term viability of institutions; and
(b)
criteria for assessing the level of risk to the education performance of the students enrolled at polytechnics.
(1A)
In the case of criteria for assessing the level of risk to the education performance of the students enrolled at polytechnics, the requirement to consult institution councils applies to polytechnic councils only.
(1B)
The Secretary may under subsection (1) determine criteria for assessing the level of risk to the operation and long-term viability of polytechnics only; and in that case,—
(a)
the requirement to consult institution councils applies to polytechnic councils only; and
(b)
the criteria determined may be in addition to, or instead of, those determined for other institutions.
(2)
The Secretary must publish criteria determined under subsection (1) in the Gazette.
(3)
Criteria determined under this section must be reviewed at least once in every 2 years following the date of their publication in the Gazette.
(4)
This section does not apply to NZIST’s council (for which section 222P provides).
Section 195A: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Section 195A heading: amended, on 1 April 2020, by section 46(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 195A(1): replaced, on 18 December 2009, by section 14 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 195A(1A): inserted, on 18 December 2009, by section 14 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 195A(1B): inserted, on 18 December 2009, by section 14 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).
Section 195A(4): inserted, on 1 April 2020, by section 46(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
195B Institutions to provide information if required
(1)
The chief executive of the Commission may, if he or she has reasonable grounds to believe that an institution may be at risk, by written notice to the council of an institution, require the council to provide either or both of the following:
(a)
specified information about the operation, management, or financial position of the institution at a given time:
(b)
reports at specified intervals on specific aspects of the operation, management, or financial position of the institution.
(2)
If the chief executive of the Commission requires information under subsection (1), the information required must be information that relates to the risks to the institution that the chief executive of the Commission is concerned about.
(3)
A council that receives a notice under subsection (1) must provide the chief executive of the Commission with the required information within or at the time or times specified in the notice.
(4)
The chief executive of the Commission may revoke or amend any notice given under subsection (1).
(5)
In this section, Commission means the Tertiary Education Commission established under section 159C.
(6)
This section does not apply to NZIST’s council (for which section 222Q provides).
Section 195B: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Section 195B(1): amended, on 1 January 2008, by section 25(1) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 195B(2): amended, on 1 January 2008, by section 25(2) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 195B(3): amended, on 1 January 2008, by section 25(3) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 195B(4): amended, on 1 January 2008, by section 25(4) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 195B(5): replaced, on 1 January 2008, by section 25(5) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 195B(6): inserted, on 1 April 2020, by section 47 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
195C Minister may appoint Crown observer
(1)
If the Minister considers on reasonable grounds that the operation or long-term viability of an institution is at risk, he or she may appoint a Crown observer to the council of the institution.
(2)
A Crown observer may not be appointed to the council of an institution unless the Minister has first—
(a)
consulted with the council; and
(b)
advised the council that he or she is considering appointing a Crown observer; and
(c)
given the council an opportunity to comment on the proposal.
(3)
Every appointment under this section must be in writing and must state the date on which it takes effect.
(4)
A Crown observer may—
(a)
attend any meeting of the council or committee of the council of the institution to which he or she is appointed; and
(b)
offer advice to the council, or any committee or member of the council; and
(c)
report to the Minister on any matter raised or discussed at any meeting that he or she attends as a Crown observer.
(5)
A Crown observer must at all times maintain confidentiality with respect to council affairs, except as authorised by paragraph (c) of subsection (4).
(6)
A Crown observer is not a member of the council or any committee of the council, and may not—
(a)
vote on any matter; or
(b)
exercise any of the powers, or perform any of the functions or duties, of a member of the council.
(7)
This section does not apply to NZIST or its subsidiaries (for which section 222R provides).
Section 195C: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Section 195C(7): inserted, on 1 April 2020, by section 48 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
195D Minister may dissolve council and appoint commissioner
(1)
The Minister may, by written notice, dissolve the council of an institution and appoint a commissioner to act in place of the council if the Minister believes on reasonable grounds that—
(a)
there is a serious risk to the operation or long-term viability of the institution; and
(b)
other methods of reducing the risk either have failed or appear likely to fail.
(2)
For the purpose of subsection (1), there is a serious risk to the operation or long-term viability of an institution if—
(a)
the institution is, or is at risk of being, unable to pay its debts as they become due in the normal course of business; and
(b)
according to the criteria published under section 195A(2), there is a serious level of risk to the operation or long-term viability of the institution.
(3)
A notice under subsection (1) must specify—
(a)
the date when the dissolution and appointment take effect; and
(b)
the name of the person appointed as commissioner.
(4)
The Minister may not exercise the power under subsection (1) in relation to an institution unless he or she has first—
(a)
consulted with the council of the institution and any other interested parties over the possible need to dissolve the council and appoint a commissioner; and
(b)
following that consultation, given the council written notice of his or her preliminary decision that the council should be dissolved and a commissioner appointed in its place; and
(c)
allowed the council at least 21 days in which to respond to the preliminary decision; and
(d)
considered any submissions made by the council about why the preliminary decision should not be confirmed.
(5)
As soon as practicable after giving a notice under subsection (1), the Minister must—
(a)
publish a copy of it in the Gazette; and
(b)
present a copy of it to the House of Representatives.
(6)
When a commissioner is appointed under this section, the Minister must review the appointment at least once in every 12 months following the appointment.
(7)
As soon as the Minister is satisfied (following an annual review or at any other time) that the risk that gave rise to the appointment of the commissioner has reduced to such an extent that it is appropriate that the institution be administered by a council, a new council must be appointed in accordance with the constitution of the council most recently notified in the Gazette.
(8)
A commissioner’s appointment ends on the close of the day before a new council takes office.
(9)
This section does not apply to NZIST or its subsidiaries (for which section 222X provides).
Section 195D: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Section 195D(7): amended, on 20 May 2010, by section 45 of the Education Amendment Act 2010 (2010 No 25).
Section 195D(9): inserted, on 1 April 2020, by section 49 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
195DA Protection of commissioners
A commissioner appointed under section 195D(1) is not personally liable for an act he or she has done or omitted to do, or for any loss arising from that act or omission, if he or she was acting—
(a)
in good faith; and
(b)
in the course of carrying out his or her powers, functions, or duties.
Section 195DA: inserted, on 1 January 2008, by section 26 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
195E Powers and functions of commissioner
(1)
A commissioner appointed under section 195D has all the powers, functions, and duties of the council that he or she is appointed to replace, and must exercise those powers and perform those functions and duties in accordance with this Act (having particular regard to sections 160 and 161) and, in the case of an institution that has a plan, that plan.
(2)
A commissioner replaces all council members who serve on any committee of the council that he or she is appointed to replace.
(3)
Anything that, if done by or on behalf of a council, is required to be signed by 2 or more members of the council, may be done by the commissioner’s signature alone.
Section 195E: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Section 195E(1): amended, on 1 January 2008, by section 27 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
195F Minister to appoint advisory committee
(1)
If the Minister appoints a commissioner under section 195D, the Minister must also appoint an advisory committee for the purpose of advising and supporting the commissioner in the exercise of the commissioner’s functions, duties, and powers.
(2)
The Minister may appoint up to 5 persons to be members of an advisory committee and must ensure that the composition of the committee reasonably reflects the community of the institution as represented by its council at the time of the council’s dissolution.
(3)
Members of an advisory committee may be paid fees at the same rates as were paid to members of the council at the time of its dissolution.
(4)
The commissioner must have regard to any advice given by an advisory committee.
(5)
For the purposes of section 222(1) (which is about delegations by the council to committees), an advisory committee is deemed to be a committee appointed under section 193(3).
Section 195F: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
195G Review of operation of sections 195A to 195F
No later than 5 years from the date on which sections 195A to 195F come into force, the Minister must—
(a)
review, in consultation with interested parties, the operation of sections 195A to 195F; and
(b)
prepare a report of the review that includes recommendations on whether any amendment to those sections is necessary or desirable; and
(c)
present a copy of the report to the House of Representatives.
Section 195G: inserted, on 25 October 2001, by section 47 of the Education Standards Act 2001 (2001 No 88).
Chief executive and staff
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
196 Duties of chief executive
(1)
The academic and administrative affairs of an institution shall be managed by the chief executive of the institution.
(2)
A person who held office as chief executive of an institution immediately before the commencement of this section (whether by virtue of an appointment made as required by section 35 of the State Sector Amendment Act (No 2) 1989 or otherwise) shall, unless the term of office of the person would, apart from this Act, have ended on that commencement, be deemed to have been appointed to that office on that commencement by the council of the institution in accordance with section 180(a) for the unexpired portion of his or her term of office and on the same terms and conditions as those on which the person was employed immediately before that commencement.
(3)
The chief executive of a university may be referred to as the Vice-Chancellor or by such other title as the council of the university determines and the chief executive of an institution other than a university may be referred to by such title (other than Vice-Chancellor or another title that includes the word “Chancellor”
) as the council of the institution determines.
Section 196: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
197 Delegation by chief executive
(1)
The chief executive of an institution may from time to time, either generally or particularly, by writing delegate to the academic board or to any member of the staff of the institution any of the functions or powers of the chief executive under this Act or any other Act including functions or powers delegated to the chief executive under an Act other than this Act.
(2)
Where the chief executive of an institution has, pursuant to subsection (1), delegated any functions or powers to the academic board or to a member of the staff of the institution, that board or member may, with the prior approval in writing of the chief executive, by writing signed by at least 2 members of that board or by the member, as the case may be, delegate such of those functions or powers as the chief executive approves to any other member of the staff of the institution.
(3)
Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
(4)
The power of a chief executive to delegate under this section—
(a)
is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the chief executive’s functions or powers; but
(b)
does not limit any power of delegation conferred on the chief executive by any other Act.
(5)
A person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(6)
A delegation under subsection (1) to the academic board shall be deemed to be a delegation to the persons from time to time constituting that board.
(7)
A delegation under this section to a member of the staff may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
(8)
A delegation under this section does not affect or prevent the performance of any function or the exercise of any power by a chief executive, or affect the responsibility of a chief executive for the actions of any person acting under the delegation.
(9)
A delegation under this section is revocable in writing at will and, until it is revoked, continues in force according to its tenor, notwithstanding that the person by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that person.
Section 197: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
198 Transitional provisions for employment of staff
(1)
A person who was a member of the staff of an institution immediately before the commencement of this section shall, after that commencement, unless the employment of the person would, apart from this Act, have ended on that commencement, be, by force of this subsection, in the employment of the chief executive of the institution, on the same terms and conditions as those on which the person was employed immediately before that commencement, until the person’s employment terminates or is terminated in accordance with those terms and conditions.
(2)
The terms and conditions of employment of a person to whom subsection (1) applies shall remain in force until varied either individually or through a collective agreement.
(3)
This section has effect subject to the Employment Relations Act 2000 and the State Sector Act 1988.
Section 198: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 198(2): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Section 198(3): amended, on 2 October 2000, pursuant to section 241 of the Employment Relations Act 2000 (2000 No 24).
Bulk funding[Repealed]
Heading: repealed, on 1 January 2004, by section 17(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
199 Grants to institutions
[Repealed]Section 199: repealed, on 1 January 2004, by section 17(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Finance
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
200 Bank accounts
(1)
The council of an institution may establish, maintain and operate bank accounts in the name of the institution at any registered bank or any registered building society with which a Crown entity may establish, maintain, or operate a bank account under section 158 of the Crown Entities Act 2004.
(2)
As soon as is practicable after receiving any money, the council shall pay it into one or other of the institution’s bank accounts.
(3)
The council shall properly authorise every withdrawal and payment of money from any of the institution’s bank accounts.
(4)
This section does not apply to NZIST’s council.
Section 200: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 200(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 200(4): inserted, on 1 April 2020, by section 50 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
201 Proper accounts to be kept
Section 168(1) and (2) of the Crown Entities Act 2004 applies to a council of an institution.
Section 201: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
201A How institutions may use income and capital
(1)
An institution may, subject to the provisions of any enactment and the terms of any trust or endowment,—
(a)
apply its income and capital in doing whatever the council thinks will—
(i)
enable the institution to carry out the functions characteristic of an institution of the class to which the institution belongs; and
(ii)
in the case of an institution that has a plan, enable the institution to achieve the outcomes set out in that plan; and
(b)
create, maintain, or add to, out of income, a fund or funds for any 1 or more of the purposes for which the income may be applied.
(2)
Subsection (1)(b) does not limit the generality of subsection (1)(a).
Section 201A: inserted, on 1 January 2004, by section 18 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 201A(1)(a): replaced, on 1 January 2008, by section 28 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
201B Gifts
(1)
Any money or property that is gifted to an institution may be accepted or disclaimed by the council of the institution in accordance with section 167 of the Crown Entities Act 2004.
(2)
A limitation in this Act or the Crown Entities Act 2004 (such as a limitation on the form in which property may be held) does not apply during a period that is reasonable in the circumstances.
Section 201B: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
201C Council may establish common fund
(1)
This section and sections 201D and 201E are for the avoidance of doubt.
(2)
The council of an institution may—
(a)
establish a common fund; and
(b)
subject to subsections (3) and (4), invest any trust funds in its possession, in whole or in part, in the common fund (whether the funds came into the council’s possession before or after this section came into force).
(3)
If the council has in its possession trust funds of a trust of which the council is a co-trustee, the council may only invest those trust funds in the common fund with the consent of all the other co-trustees.
(4)
The council may not invest trust funds in the common fund if this would be inconsistent with the terms of any trust instrument governing the investment of the trust funds.
Section 201C: inserted, on 30 March 2018, by section 26 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
201D Investment of funds held in common fund
(1)
The council may invest funds that are held in a common fund only in accordance with the provisions of the Trustee Act 1956 as to the investment of trust funds.
(2)
Investments of funds held in a common fund must not be made on account of, and do not belong to, any particular trust, but the council must, at all times, maintain an account showing the entitlement of each trust in the common fund.
(3)
If trust funds are invested in a type or class of investment in which the common fund may be invested, the council may transfer that investment to the common fund and, if it does so,—
(a)
the investment ceases, at the time of transfer, to belong to the trust that held the investment; and
(b)
the council must give credit in the common fund to the trust for the fair market value of the investment at the time of transfer.
(4)
Any profit or loss upon the realisation of any investment in a common fund is to be credited or debited to the common fund.
Section 201D: inserted, on 30 March 2018, by section 26 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
201E Income and capital of common fund
(1)
Each financial year, the council must—
(a)
pay or allocate the income from the common fund to the trusts entitled to the amounts invested in the common fund—
(i)
in proportion to the value of their respective interests in the common fund; and
(ii)
at a uniform rate determined by the council; and
(b)
hold the capital of the common fund on behalf of the trusts entitled to the amounts invested in the common fund in proportion to the value of their respective interests in the common fund; and
(c)
hold any income that is not paid or allocated to trusts, and any capital that is not held on behalf of trusts, in a reserve fund separate from other trust funds.
(2)
The council may apply funds held in the reserve fund, including any income derived from investments of the reserve fund, for any of the following purposes:
(a)
augmenting the capital of the common fund:
(b)
reinstating any losses of capital in the common fund:
(c)
increasing or supplementing the income paid or allocated to trusts that have interests in the common fund.
(3)
The council may withdraw any amount from the common fund to the credit of a trust that has an interest in the common fund—
(a)
for the purpose of investing the amount on a separate account for the trust; or
(b)
for any other purpose relating to the exercise and discharge of its duties, powers, authorities, and functions.
(4)
If any amount is withdrawn from the common fund to the credit of a trust that has an interest in the common fund,—
(a)
that amount may, at the discretion of the council, be paid or provided in cash or rateably in investments, or partly in cash and partly rateably in investments; and
(b)
as from the date of its withdrawal, the trust has no claim on the fund in respect of the amount, whether for interest or otherwise.
(5)
The council—
(a)
may charge a reasonable fee, payable out of the income received by the common fund, for services provided by the council in relation to the administration or management of the common fund; and
(b)
must publish the amount of any such fee, and the method by which the fee is calculated or applied (and any change to that method), in the annual report.
Section 201E: inserted, on 30 March 2018, by section 26 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
202 Application of money
The money of an institution shall be applied only—
(a)
in payment or discharge of the expenses, charges, obligations or liabilities incurred or undertaken by or on behalf of the institution; or
(b)
[Repealed](c)
[Repealed](d)
in payment of any remuneration or allowances payable to members of the council or of committees of the council or to the chief executive or members of the staff of the institution; or
(e)
in making any other payments that are required or permitted by this Act or any other enactment to be made out of the money of the institution.
Section 202: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 202(b): repealed, on 1 January 2003, by section 45(2)(a) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 202(c): repealed, on 1 February 2011, by section 18 of the Research, Science, and Technology Act 2010 (2010 No 131).
203 Institutions are Crown entities
(1)
Every institution is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(2)
However, that Act applies to tertiary education institutions and their Crown entity subsidiaries only to the extent that subsection (3) provides.
(3)
The provisions of the Crown Entities Act 2004 set out in Part 1 of Schedule 4 of that Act and Part 1 of Schedule 13A of this Act apply to all tertiary education institutions and their Crown entity subsidiaries (within the meaning of the Crown Entities Act 2004).
(4)
Section 65I(1) and (2) of the Public Finance Act 1989—
(a)
applies, with all necessary modifications, to tertiary education institutions and, accordingly, every institution must invest in the same manner as the Treasury invests money under that section; but
(b)
does not apply in respect of any investment made by an institution in the financial products of a related entity.
(5)
No instruction issued by the Minister of Finance under section 80A of the Public Finance Act 1989 applies to an institution.
(6)
The financial year of an institution is an academic year.
(7)
The members of the council of an institution are the board for the purposes of the Crown Entities Act 2004.
Section 203: replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 203(2): amended, on 1 April 2020, by section 51(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 203(3): replaced, on 1 April 2020, by section 51(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 203(4): replaced, on 29 October 2016, by section 33 of the Education Legislation Act 2016 (2016 No 72).
Miscellaneous provisions
Heading: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
204 Transfer of assets and liabilities on commencement
(1)
In the case of an existing non-university institution,—
(a)
all real and personal property that, immediately before the commencement of this section, was vested in the then governing body of the institution (including property held on trust) is, by force of this subsection, vested in the institution subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the institution becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities and obligations of the previous governing body that existed immediately before that commencement.
(2)
Where any land vests in an institution under this section, the Registrar-General of Land, on the deposit with him or her of such plans and documents as he or she may require, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of this section.
(3)
Any contract or other instrument subsisting, or any proceeding pending, immediately before the commencement of this section to which the then governing body of an existing non-university institution was a party has effect after that commencement as if—
(a)
the institution is substituted for the previous governing body as a party to the contract, other instrument or proceeding; and
(b)
any reference in the contract or other instrument, or in a pleading, affidavit or other document in the proceeding, to the previous governing body in its capacity as a party to the contract, other instrument or proceeding is (except in relation to matters that occurred before that commencement) a reference to the institution.
(4)
Any statutes, regulations, or bylaws made by the governing body, or the Senate, Professorial Board or other board, committee or authority of an institution and in force immediately before the commencement of this section continue in force after that commencement, so far as they are capable of application and with any necessary modifications, as if they are statutes made by the council of the institution.
(5)
Any rulings, decisions or other acts of authority of any relevant authority or person that, immediately before the commencement of this section, applied in relation to an institution but were capable of being repealed, replaced, or amended by an appropriate authority or officer of that institution continue to apply after that commencement, so far as they are capable of application and with any necessary modifications, but may be repealed, replaced, or amended after that commencement by the chief executive of the institution, subject to the State Sector Act 1988.
(6)
All statutes or regulations of the Senate of the University of New Zealand or any committee or board of that Senate or University or of the Chancellor or Vice-Chancellor or any officer of that University, so far as they were subsisting immediately before the commencement of this section by virtue of section 53(1) of the Universities Act 1961 and were applicable in relation to a university that is an institution to which subsection (4) of this section applies, shall be deemed to be, in their application in relation to that university, statutes, or regulations to which that subsection applies.
(7)
All rulings, decisions, or other acts of authority of the Senate of the University of New Zealand or any committee or board of that Senate or University or of the Chancellor or Vice-Chancellor or any officer of that University, so far as they were subsisting immediately before the commencement of this section by virtue of section 53(1) of the Universities Act 1961 and were applicable in relation to a university that is an institution to which subsection (5) of this section applies, shall be deemed to be, in their application in relation to that university, rulings, decisions, or other acts of authority to which that subsection applies.
Section 204: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 204(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
205 Taxes and duties in relation to property of existing institutions
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the previous governing body of each existing non-university institution, and that existing non-university institution, shall be deemed to be the same person with effect on and from the date on which the real and personal property of the previous governing body vests in that institution pursuant to section 204(1); and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the previous governing body of that institution so vests in that institution, all transactions entered into by, and acts of, the previous governing body before the vesting effected by section 204(1) shall be deemed to have been entered into by, or to be those of, that institution and to have been entered into or performed by that institution at the time when they were entered into or performed by the previous governing body.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by the previous governing body of an existing non-university institution in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 204(1) shall be treated as having been acquired by that institution at the time when they were acquired by the previous governing body.
(3)
The vesting of all the real and personal property of the previous governing body of an existing non-university institution in that institution pursuant to section 204(1) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 205: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 205(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 205(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 205(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 205(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 205(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 205(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 205(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
206 Transfer of Crown assets and liabilities to institutions
(1)
Notwithstanding any Act, rule of law, or agreement, the Minister may, on behalf of the Crown, do any 1 or more of the following:
(a)
transfer to an institution assets and liabilities of the Crown (being assets and liabilities relating to the activities to be carried on by the institution):
(b)
vest in an institution any rights conferred by designations under operative district schemes applying to land transferred to the institution:
(c)
grant to an institution leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown,—
on any terms and conditions the Minister agrees with the institution’s chief executive.
(2)
The Minister shall, within 12 sitting days after taking any action under subsection (1)(a) and (b), lay before the House of Representatives a copy of the document by which the action was taken.
(3)
Assets that are fixed to, or are under or over, any land may be transferred to an institution pursuant to this section whether or not any interest in the land is also transferred; but, where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership.
(4)
Any asset or liability of the Crown may be transferred to an institution pursuant to this section whether or not any Act or agreement relating to the asset or liability permits such a transfer or requires any consent to such a transfer.
(5)
Where a transfer of the kind described in subsection (4) takes place,—
(a)
the transfer does not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown or the institution under any Act or agreement:
(b)
if the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for this purpose by the Minister:
(c)
the laying before the House of Representatives of any document relating to the transfer shall be deemed to be notice of the transfer, and any third party shall after the date of the document deal with the institution in place of the Crown:
(d)
the Crown remains liable to any third party as if the asset or liability had not been transferred:
(e)
any satisfaction or performance by the institution in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown:
(f)
any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the institution shall be deemed to be also to the benefit of the Crown.
(6)
No provision in any agreement limiting the Crown’s right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this section or pursuant to such an agreement or transfer.
(7)
Where—
(a)
land, interests in land, licences, permits, or rights created on terms and conditions wholly or partly set out in any Act are transferred to an institution pursuant to this section; and
(b)
the Governor-General has by Order in council declared that this subsection shall apply in respect of that land or those interests, licences, permits, or rights—
then, whether or not the Act is repealed, such of the terms and conditions set out in the Act as are specified in the Order in Council (with all necessary modifications) shall continue to apply in respect of that land or those interests, licences, permits, or rights after the transfer unless the institution and the holders of that land or those interests, licences, permits, or rights otherwise agree.
(8)
[Repealed](9)
[Repealed](10)
Where any requirement has been made under section 43 or section 118 of the Town and Country Planning Act 1977, or under section 168 of the Resource Management Act 1991, in respect of any work which has been transferred to an institution pursuant to this Act, the procedures specified in the Town and Country Planning Act 1977, or in the Resource Management Act 1991, (as the case may be) may be completed as if a Minister of the Crown continued to be financially responsible for the work and as if the work were a public work.
Section 206: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 206(2): amended, on 1 January 2008, by section 29 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 206(8): repealed, on 23 July 1993, by section 2 of the Education Amendment Act (No 2) 1993 (1993 No 77).
Section 206(9): repealed, on 23 July 1993, by section 2 of the Education Amendment Act (No 2) 1993 (1993 No 77).
Section 206(10): amended, on 20 May 2010, by section 46(a) of the Education Amendment Act 2010 (2010 No 25).
Section 206(10): amended, on 20 May 2010, by section 46(b) of the Education Amendment Act 2010 (2010 No 25).
207 Provisions relating to transfer of land
(1)
Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 and any lands of the Crown other than lands registered under the Land Transfer Act 2017 that are to be transferred to an institution shall—
(a)
be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and
(b)
be approved by the Governor-General in Council and vest in the institution pursuant to and on a date specified in an Order in Council made for the purposes of this section.
(2)
Notwithstanding any other provision of this Act, no land that is subject to—
(a)
a lease or licence pursuant to section 66 or section 66AA of the Land Act 1948; or
(b)
reservation from sale or disposition under section 58 of the Land Act 1948—
shall be transferred to an institution pursuant to section 206(1) of this Act.
(3)
All land that is subject to the Land Act 1948 or the Forests Act 1949 and that is transferred to an institution pursuant to this Act shall cease to be subject to the Land Act 1948 or the Forests Act 1949, as the case may be, from the date of that transfer, unless otherwise expressly provided by this Act or any other Act.
(4)
Nothing in sections 40 to 42 of the Public Works Act 1981 shall apply to the transfer of land to an institution pursuant to this Act; but sections 40 and 41 of that Act shall after that transfer apply to that land as if the institution were the Crown and the land had not been transferred pursuant to section 206 of this Act.
(5)
Nothing in this Act or in any transfer of land to an institution pursuant to section 206 shall derogate from the provisions of—
(a)
section 3 of the Petroleum Act 1937:
(b)
section 8 of the Atomic Energy Act 1945:
(c)
section 3 of the Geothermal Energy Act 1953:
(d)
sections 6 and 8 of the Mining Act 1971:
(e)
sections 5 and 261 of the Coal Mines Act 1979:
(f)
sections 10 and 11 of the Crown Minerals Act 1991:
(g)
section 354 of the Resource Management Act 1991.
Section 207: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 207(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 207(5)(f): inserted, on 20 May 2010, by section 47 of the Education Amendment Act 2010 (2010 No 25).
Section 207(5)(g): inserted, on 20 May 2010, by section 47 of the Education Amendment Act 2010 (2010 No 25).
208 Title to land
(1)
The Registrar-General of Land shall, on written application by any person authorised by the Minister and on payment of the prescribed fee,—
(a)
register an institution as the owner, in substitution for the Crown, of the estate or the interest of the Crown in any land that is incorporated in the register or otherwise registered under the Land Transfer Act 2017 and that is transferred to the institution pursuant to section 206; and
(b)
make such entries in the register and generally do all such things as may be necessary to give effect to this section.
(2)
The powers conferred by subsection (1) may be exercised in respect of an estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or has been determined.
(3)
The Registrar-General of Land shall, on written application by any person authorised by the Minister and on payment of the prescribed fee, issue a record of title for land vested in an institution pursuant to section 207(1).
(4)
As soon as registration is accomplished in accordance with subsection (1) or a record of title is issued in accordance with subsection (3), the institution shall, except where the interest acquired is either an easement in gross or an estate as lessee or mortgagee, be deemed to be seised of an estate in fee simple in possession in respect of that land.
(5)
Applications in accordance with subsections (1) and (3) shall specify the name of the institution and the date of the approval under section 207(1)(b) of the land to be transferred, together with a description of the land sufficient to identify it and, in the case of applications under subsection (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of the description.
Section 208: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 208(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 208(1)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 208(1)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 208(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 208(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
209 Land certification
(1)
Before the Registrar-General of Land issues a record of title in respect of any land vested in an institution pursuant to section 207(1), the Registrar-General of Land shall either receive under the hand of or request from the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the Registrar-General of Land considers appropriate.
(2)
Where any land that has been vested in an institution pursuant to section 207(1) and for which no record of title has been issued in the name of that institution, is to be transferred to any other person, the Registrar-General of Land shall, before issuing a record of title, either receive under the hand of or request from the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the Registrar-General of Land considers appropriate.
Section 209: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 209(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 209(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
Section 209(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 209(2): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).
210 Maori land claims
The submission in respect of any land or interest in land of a claim under section 6 of the Treaty of Waitangi Act 1975 does not prevent the transfer of that land or of any interest in that land or of that interest in land—
(a)
by the Crown to an institution; or
(b)
by an institution to any other person.
Section 210: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
211 Registrar-General of Land to register necessary memorial
(1)
Where any land or interest in land is transferred to an institution under section 206 or vested in an institution by an Order in Council made under section 215, the Registrar-General of Land shall, without fee, note on the record of title the words “Subject to section 212 of the Education Act 1989 (which provides for the resumption of land on the recommendation of the Waitangi Tribunal and which does not provide for third parties, such as the owner of the land, to be heard in relation to the making of any such recommendation)”
.
(2)
Subsection (1) does not apply in relation to any piece of land or interest in land that is excluded from section 212 by subsection (2) or subsection (3) of that section.
Section 211: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 211 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 211(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
212 Resumption of land on recommendations of Waitangi Tribunal
(1)
Where the Waitangi Tribunal has, under section 8A(2)(a) of the Treaty of Waitangi Act 1975, recommended the return to Maori ownership of any land or interest in land transferred to an institution under section 206 or vested in an institution by an Order in Council made under section 215, that land or interest in land shall, if the recommendation has been confirmed with or without modifications under section 8B of that Act, be resumed by the Crown in accordance with section 213 of this Act and returned to Maori ownership.
(2)
This section does not apply in relation to any piece of land that, at the date of its transfer to an institution under section 206 or the date of its vesting in an institution by an Order in Council made under section 215, was subject to—
(a)
a deferred payment licence issued under the Land Act 1948; or
(b)
a lease under which the lessee had the right of acquiring the fee simple.
(3)
This section does not apply in relation to any piece of land or interest in land in respect of which a certificate issued under section 8E(1) of the Treaty of Waitangi Act 1975 has been registered.
Section 212: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
213 Resumption of land to be effected under Public Works Act 1981
(1)
Where section 212 requires any land or interest in land to be resumed by the Crown, the Minister of Lands shall acquire that land or interest in land under Part 2 of the Public Works Act 1981 as if it were land or an interest in land required for both Government work and a public work and Parts 2, 4, 5, 6, and 7 of that Act and Schedules 1, 3, 4, and 5 of that Act shall, subject to any necessary modifications, apply accordingly.
(2)
The existence on the record of title to any land or interest in land acquired pursuant to subsection (1) of a memorial under section 211 shall not be taken into account in any assessment of compensation made under the Public Works Act 1981 in relation to the acquisition of that land or interest in land.
(3)
The power conferred by this section does not include the power to acquire or take and to hold under section 28 of the Public Works Act 1981 any interest in land described in section 8A(6) of the Treaty of Waitangi Act 1975.
Section 213: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 213(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
214 Resumption of Wahi Tapu
(1)
Where the Governor-General is satisfied that any land or interest in land held by an institution, being land or an interest in land transferred to that institution under section 206 or vested in that institution by an Order in Council made under section 215, is Wahi Tapu, being land of special spiritual, cultural, or historical tribal significance, the Governor-General may, by Order in Council published in the Gazette, declare—
(a)
that that land or interest shall be resumed by the Crown on a date specified in the Order in Council; and
(b)
that, on the date of its resumption pursuant to the Order in Council, that land or interest in land shall be no longer liable to resumption under section 212.
(2)
Where any land or interest in land is to be resumed pursuant to subsection (1)(a),—
(a)
the institution shall transfer the land or interest in land to the Crown on the date specified in the Order in Council; and
(b)
the Crown shall pay to the institution in respect of the land or interest in land the compensation that would have been payable to the institution if, on the date specified in the Order in Council made under subsection (1), the land or interest in land had, pursuant to section 213, been acquired by the Minister of Lands under Part 2 of the Public Works Act 1981.
(3)
Every memorandum of transfer executed pursuant to an Order in Council made under subsection (1)—
(a)
shall recite that it is so executed; and
(b)
shall give both the date of the Order in Council and the date of its publication in the Gazette.
(4)
Upon its resumption pursuant to subsection (1), the land or interest in land shall be dealt with in accordance with an agreement made between the Crown and the relevant tribe or, if they fail to agree, in accordance with any recommendation of the Waitangi Tribunal pursuant to an application made under section 6 of the Treaty of Waitangi Act 1975.
(5)
A resumption of land or of an interest in land pursuant to subsection (1)(a) is not a subdivision of land within the meaning of section 218 of the Resource Management Act 1991.
Section 214: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 214(5): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
215 Orders in Council relating to transfer of assets and liabilities
(1)
For the purpose of facilitating the transfer of assets and liabilities to an institution pursuant to section 206, the Governor-General may from time to time, by Order in Council, do any 1 or more of the following:
(a)
vest in or impose on an institution any asset or liability (other than land to which section 207(1) applies), or any class of any such asset or liability, that the institution has agreed to have transferred to it:
(b)
vest land in an institution for the purposes of section 207(1):
(c)
declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to an institution specified in the order:
(d)
declare that an institution shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the institution has agreed to assume:
(e)
declare that sections 294 to 294I of the Local Government Act 1974 (which relate to reserve contributions, development levies, and contributions to certain regional works) shall not apply to specified developments, being developments that the Minister has agreed to transfer to an institution pursuant to section 206:
(f)
declare, in respect of any assets or liabilities transferred to an institution pursuant to section 206, that the institution shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown to the institution:
(g)
declare that any Order in Council made under this section shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person:
(h)
direct any authority or other person to register or record any such vesting or declaration.
(2)
Every Order in Council made under this section may be made on such terms and conditions as the Governor-General thinks fit, and shall have effect according to its tenor.
Section 215: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
216 Interpretation relating to transfer of assets and liabilities
(1)
In this section and in sections 206 to 215, unless the context otherwise requires,—
agreement includes a deed, a contract, an agreement, an arrangement, and an understanding, whether oral or written, express or implied, and whether or not enforceable at law
assets means any real or personal property of any kind, whether or not subject to rights, and without limiting the generality of the above includes—
(a)
any estate or interest in any land, including all rights of occupation of land or buildings:
(b)
all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
(c)
all livestock, products from livestock, and crops:
(d)
all financial products within the meaning of the Financial Markets Conduct Act 2013:
(e)
all rights of any kind, including rights under Acts, deeds, agreements, or licences, planning rights, water rights, and clean air licences, and all applications for and objections against applications for such rights:
(f)
all patents, trade marks, designs, copyright, and other intellectual property rights whether enforceable by Act or rule of law:
(g)
goodwill, and any business undertaking:
(h)
all natural gas, petroleum, and other hydrocarbons
institution includes a subsidiary of an institution
liabilities includes—
(a)
liabilities and obligations under any Act or agreement; and
(b)
deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and
(c)
contingent liabilities
rights includes powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective
transfer includes—
(a)
assign and convey; and
(b)
vest by Order in Council; and
(c)
confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and
(d)
grant leases, rights, and interests in any real or personal property; and
(e)
in the case of liabilities, the assumption of the liabilities by an institution.
(2)
In this section and in sections 206 to 215, a reference to transfer, authorise, or grant includes entering into an agreement to transfer, authorise, or grant, as the case may be.
(3)
This section and sections 206 to 215 shall have effect, and assets and liabilities may be transferred pursuant to those sections, notwithstanding any restriction, prohibition, or other provision contained in any Act, rule of law, or agreement that would otherwise apply.
Section 216: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 216(1) assets paragraph (d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 216(1) liabilities paragraph (b): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
217 Effect of disestablishment
(1)
Where an institution is disestablished, the following provisions of this section have effect.
(2)
The institution and the council of the institution cease to exist.
(3)
A person who would, but for the disestablishment of the institution, have been entitled to be granted an award of the institution is entitled to be granted a like award,—
(a)
if the institution is incorporated in another institution, of the other institution; or
(b)
otherwise, of such institution as the Secretary directs.
(4)
A person who has partially completed a programme at the disestablished institution leading to an award is entitled to enrol in a similar programme at,—
(a)
if the institution is incorporated in another institution, the other institution; or
(b)
otherwise, such other institution as the Secretary directs to enrol the person,—
and to be granted such status, and such credit for work performed at the disestablished institution, as the council of the other institution, after consulting the Qualifications Authority, considers appropriate.
(5)
If the disestablished institution is, immediately upon its disestablishment, incorporated in another institution,—
(a)
all real and personal property that, immediately before the disestablishment, was vested in the disestablished institution (including property held on trust) is, by force of this subsection, vested in the other institution subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the other institution becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities, and obligations of the disestablished institution that existed immediately before its disestablishment.
(6)
If the disestablished institution is not, immediately upon its disestablishment, incorporated in another institution,—
(a)
all real and personal property that, immediately before the disestablishment was vested in the council of the disestablished institution (including property held on trust) is, by force of this subsection, vested in the Minister subject to all charges, encumbrances, estates, or interests, and the provisions of any enactment, affecting that property; and
(b)
the Minister becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities, and obligations of the council of the disestablished institution that existed immediately before its disestablishment.
(7)
Where any real or personal property that was held by a disestablished institution on trust vests in the Minister under subsection (6)(a), the Minister may appoint another institution to be the trustee of that property.
(8)
Where any land vests in an institution or in the Minister under this section, the Registrar-General of Land, on the deposit with him or her of such plans and documents as he or she may require, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of this section.
(9)
Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the disestablishment of an institution to which the institution was a party has effect after the disestablishment as if—
(a)
the institution in which the disestablished institution is incorporated or the Minister, as the case may be, is substituted for the disestablished institution as a party to the contract, other instrument or proceeding; and
(b)
any reference in the contract or other instrument, or in a pleading, affidavit or other document in the proceeding, to the disestablished institution in its capacity as a party to the contract, other instrument or proceeding is (except in relation to matters that occurred before the disestablishment) a reference to the institution in which the disestablished institution is incorporated or the Minister, as the case may be.
(10)
Notwithstanding subsection (2), the council of the disestablished institution shall continue in existence for the purpose of complying, or facilitating compliance, with Part 4 of the Crown Entities Act 2004 and section 220 of this Act in relation to any academic year of the institution and,—
(a)
if the institution is incorporated in another institution, the council of the other institution; or
(b)
otherwise, the Secretary,—
shall give to the council of the disestablished institution any assistance that that council requires for the purpose of complying with its obligations under those provisions and is responsible for paying any expenses incurred by that council (including remuneration and expenses of members of that council) in so complying.
Section 217: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 217(4): amended, on 30 August 2011, by section 21 of the Education Amendment Act 2011 (2011 No 66).
Section 217(8): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 217(10): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
218 Taxes and duties where disestablished institution incorporated into other institution
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
a disestablished institution referred to in section 217(5) and the other institution referred to in that section shall be deemed to be the same person with effect on and from the date on which the real and personal property of the disestablished institution vests in the other institution pursuant to that section; and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the disestablished institution so vests in the other institution, all transactions entered into by, and acts of, the disestablished institution before the vesting effected by section 217(5) shall be deemed to have been entered into by, or to be those of, the other institution and to have been entered into or performed by the other institution at the time when they were entered into or performed by the disestablished institution.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by a disestablished institution in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 217(5) shall be treated as having been acquired by the other institution referred to in that section at the time when they were acquired by the disestablished institution.
(3)
The vesting of all the real and personal property of a disestablished institution in another institution pursuant to section 217(5) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 218: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 218(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 218(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 218(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 218(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 218(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 218(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 218(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 218(3): amended, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).
219 Taxes and duties in other cases
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
a disestablished institution referred to in section 217(6) and the Minister shall be deemed to be the same person with effect on and from the date on which the real and personal property of the disestablished institution vests in the Minister pursuant to that section; and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the disestablished institution so vests in the Minister, all transactions entered into by, and acts of, the disestablished institution before the vesting effected by section 217(6) shall be deemed to have been entered into by, or to be those of, the Minister and to have been entered into or performed by the Minister at the time when they were entered into or performed by the disestablished institution.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by a disestablished institution in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 217(6) shall be treated as having been acquired by the Minister at the time when they were acquired by the disestablished institution.
(3)
The vesting of all the real and personal property of a disestablished institution in the Minister pursuant to section 217(6) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 219: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 219(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 219(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 219(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 219(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 219(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 219(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 219(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 219(3): amended, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).
220 Annual report
(1)
As soon as practicable after the end of each academic year of an institution ending after the commencement of this section the council of the institution shall give to the Minister a report on the operations of the institution during that year.
(2)
A council must comply with sections 154 to 156B and 157A of the Crown Entities Act 2004 in respect of the report.
(2AA)
Despite subsection (2),—
(a)
the statement of responsibility referred to in section 155 of the Crown Entities Act 2004 is not required to be signed in accordance with that section, but must instead be signed by—
(i)
the chairperson of the council and the chief executive of the institution; or
(ii)
if there is no chairperson, the chief executive of the institution and the chief financial officer:
(b)
a council of an institution that is a parent Crown entity must comply with section 154 of the Crown Entities Act 2004 (even though the institution is a member of a Crown entity group to which section 156A(1) of that Act would otherwise apply).
(2A)
A council shall include in every annual report—
(a)
a summary of its equal employment opportunities programme for the year to which the report relates; and
(b)
an account of the extent to which the council was able, during the year to which the report relates, to meet the equal employment opportunities programme for that year; and
(c)
an account of the extent to which the council has eliminated unnecessary barriers to the progress of students; and
(d)
an account of the extent to which the council has avoided the creation of unnecessary barriers to the progress of students; and
(e)
an account of the extent to which the council has developed programmes to attract students from groups in the community—
(i)
under-represented in the institution’s student body; or
(ii)
disadvantaged in terms of their ability to attend the institution; and
(f)
in the case of an institution that has a plan, a statement of service performance for that financial year reporting on the performance of the institution as compared with the proposed outcomes described in that plan.
(2B)
Section 156 of the Crown Entities Act 2004 applies to institutions and, for this purpose, is to be read as referring to a statement of service performance under subsection (2A)(f).
(2C)
A statement of service performance under subsection (2A)(f) must be prepared in accordance with generally accepted accounting practice, within the meaning of section 8 of the Financial Reporting Act 2013.
(3)
The Minister must present the report to the House of Representatives within 5 working days after receiving the report or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
(4)
The first report by the council of an institution that is a body to which section 162(1) applied shall extend to operations during the part of the academic year before the council became the governing body of the institution.
(5)
In this section, parent Crown entity has the meaning set out in section 8 of the Crown Entities Act 2004.
Section 220: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 220(2): replaced, on 29 October 2016, by section 34(1) of the Education Legislation Act 2016 (2016 No 72).
Section 220(2AA): replaced, on 29 October 2016, by section 34(1) of the Education Legislation Act 2016 (2016 No 72).
Section 220(2A): inserted, on 25 June 1993, by section 26(2) of the Education Amendment Act 1993 (1993 No 51).
Section 220(2A)(e)(ii): amended, on 20 May 2010, by section 48 of the Education Amendment Act 2010 (2010 No 25).
Section 220(2A)(f): replaced, on 1 January 2008, by section 30 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 220(2B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 220(2C): inserted, on 30 March 2018, by section 27 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 220(3): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 220(5): inserted, on 29 October 2016, by section 34(2) of the Education Legislation Act 2016 (2016 No 72).
220A Minister may require related entities to prepare statements or reports
(1)
If the Minister has reasonable grounds to believe that an institution may be at risk due to the institution’s investment in a related entity, the Minister may, by notice in writing, require the entity to prepare 1 or more statements or reports.
(2)
In considering whether an institution may be at risk, the Minister must apply the criteria (determined by the Secretary under section 195A) for assessing the level of risk to the operation and long-term viability of institutions.
(3)
Before issuing a notice under subsection (1), the Minister must consult the institution, or institutions, to which the entity is related.
(4)
The notice must specify—
(a)
which statements and reports are required; and
(b)
the financial years or other period (which may be until further notice) for which each statement or report is required.
(5)
In this section, statement or report has the meaning given by section 156A(4) of the Crown Entities Act 2004.
Section 220A: inserted, on 29 October 2016, by section 35 of the Education Legislation Act 2016 (2016 No 72).
221 Annual report to be available for inspection
The council of an institution shall ensure that copies of its annual report are available at the office of the council for inspection during ordinary office hours by any person without charge.
Section 221: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
222 Delegation by council
(1)
The council of an institution may, from time to time, either generally or particularly, by writing signed by at least 2 members of the council, delegate to the chief executive of the institution or to a committee appointed under section 193(3) any of its functions or powers under this Act (except the power to appoint a chief executive) or any other Act.
(2)
Where the council has, pursuant to subsection (1), delegated any functions or powers to the chief executive or a committee, the chief executive or committee may, with the prior approval in writing of the council, by writing signed by the chief executive or by at least 2 of the members of the committee, as the case may be, delegate such of those functions or powers as the council approves to a member of the staff of the institution.
(3)
Subject to any general or special directions given or conditions imposed by the council, the person to whom any functions or powers are delegated under this section may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
(4)
The power of the council to delegate under this section—
(a)
is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the council’s functions or powers; but
(b)
does not limit any power of delegation conferred on the council by any other Act.
(5)
A person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(6)
A delegation under subsection (1) to the chief executive shall,—
(a)
subject to paragraph (b), if the chief executive to whom it was made ceases to hold office, continue to have effect as if made to the chief executive for the time being; and
(b)
if there is no chief executive for the time being, or if the chief executive is absent from duty, continue to have effect as if made to the person for the time being acting in place of the chief executive.
(7)
A delegation under subsection (1) to a committee shall be deemed to be a delegation to the persons from time to time constituting the committee.
(8)
A delegation under this section to a member of the staff may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
(9)
A delegation under this section does not affect or prevent the performance of any function or the exercise of any power by the council or affect the responsibility of the council for the actions of any person acting under the delegation.
(10)
A delegation under this section is revocable at will—
(a)
in the case of a delegation under subsection (1), in writing signed by at least 2 members of the council; or
(b)
in the case of a delegation under subsection (2), in writing signed by the chief executive or by at least 2 of the members of the committee, as the case requires,—
and until it is revoked continues in force according to its tenor.
(11)
This section applies to the academic board of an institution (established under section 182(2)) as if—
(a)
it is a committee of the institution’s council; and
(b)
all its powers are powers of the council, conferred on the committee by the council by delegation.
(12)
This section does not apply to NZIST’s council.
Section 222: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 222(12): inserted, on 1 April 2020, by section 52 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Part 15A New Zealand Institute of Skills and Technology
Part 15A: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Polytechnic councils[Repealed]
Heading: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AA Constitution of polytechnic councils
[Repealed]Section 222AA: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AB Statutes relating to appointment of members by polytechnic councils
[Repealed]Section 222AB: repealed, on 13 February 2015, by section 14 of the Education Amendment Act 2015 (2015 No 1).
222AC Membership of more than one polytechnic council
[Repealed]Section 222AC: repealed, on 13 February 2015, by section 14 of the Education Amendment Act 2015 (2015 No 1).
222AD Matters to be considered when appointments made
[Repealed]Section 222AD: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AE Term of office
[Repealed]Section 222AE: repealed, on 13 February 2015, by section 14 of the Education Amendment Act 2015 (2015 No 1).
222AF Reappointment and re-election
[Repealed]Section 222AF: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AG Chairperson and deputy chairperson
[Repealed]Section 222AG: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AH Duties of members of polytechnic councils
[Repealed]Section 222AH: repealed, on 13 February 2015, by section 14 of the Education Amendment Act 2015 (2015 No 1).
222AI Accountability for individual duties
[Repealed]Section 222AI: repealed, on 13 February 2015, by section 14 of the Education Amendment Act 2015 (2015 No 1).
222AJ Removal of members
[Repealed]Section 222AJ: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AK Process for removal
[Repealed]Section 222AK: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Combination of polytechnic councils[Repealed]
Heading: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AL Voluntary combination of councils
[Repealed]Section 222AL: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AM Constitution of combined councils
[Repealed]Section 222AM: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AN Effect of combination
[Repealed]Section 222AN: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AO Dissolution of combined council
[Repealed]Section 222AO: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AP Effect of dissolution
[Repealed]Section 222AP: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AQ Initial membership of polytechnic councils after dissolution of combined council
[Repealed]Section 222AQ: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Combined academic boards[Repealed]
Heading: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222AR Polytechnic councils may establish combined academic boards
[Repealed]Section 222AR: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Interventions[Repealed]
Heading: repealed, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222A NZIST established
(1)
This section establishes the New Zealand Institute of Skills and Technology (NZIST) as a tertiary education institution.
(2)
The Governor-General may, by Order in Council made on the recommendation of the Minister given after receiving a recommendation from NZIST’s council, do either or both of the following:
(a)
change the name of NZIST:
(b)
amend this Act or any other enactment by omitting from it the name of NZIST and substituting some other name.
(3)
To avoid doubt, NZIST does not cease to be a tertiary education institution merely because its name is changed under subsection (2).
Section 222A: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222B Functions of NZIST
NZIST has the following functions:
(a)
to provide or arrange, and support, a variety of education and training, including vocational, foundation, and degree-level or higher education and training:
(b)
to conduct research, with a focus on applied and technological research:
(c)
to be responsive to and to meet the needs of the regions of New Zealand and their learners, industries, employers, and communities by utilising NZIST’s national network of tertiary education programmes and activities:
(d)
to improve the consistency of vocational education and training by using skill standards and working in collaboration with workforce development councils:
(e)
to improve outcomes in the tertiary education system as a whole, including (without limitation) by making connections with schools and other organisations involved in tertiary education and by promoting and supporting life-long learning:
(f)
to improve outcomes for Māori learners and Māori communities in collaboration with Māori and iwi partners, hapū, and other stakeholders:
(g)
to carry out any other functions consistent with its role as a tertiary education institution.
Section 222B: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222C NZIST’s charter
(1)
NZIST must give effect to its charter as set out in Schedule 22.
(2)
NZIST must report in its annual report on how it has given effect to the charter.
(3)
The duty in subsection (1) is owed to the Minister.
Section 222C: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222D Minister may specify administrative regions for NZIST
The Minister may, by notice in the Gazette, specify administrative regions of government with which NZIST must make arrangements to operate effectively with.
Section 222D: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222E Academic freedom of NZIST
(1)
It is declared to be the intention of Parliament in enacting the provisions of this Act relating to NZIST that NZIST’s academic freedom is to be preserved and enhanced.
(2)
NZIST’s academic freedom also applies in relation to every NZIST subsidiary that provides education or training, or both.
(3)
For the purposes of this section, academic freedom, in relation to NZIST, means—
(a)
the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas, and to state controversial or unpopular opinions; and
(b)
the freedom of academic staff and students to engage in research; and
(c)
the freedom of NZIST and its staff to regulate the subject matter of its courses; and
(d)
the freedom of NZIST and its staff to teach and assess students in the manner they consider best promotes learning; and
(e)
the freedom of NZIST through its chief executive to appoint its own staff.
(4)
In exercising academic freedom, NZIST must act in a manner that is consistent with—
(a)
the need for institutions to maintain the highest ethical standards and the need to permit public scrutiny to ensure the maintenance of those standards; and
(b)
the need for institutions to be accountable and to properly use resources allocated to them.
(5)
In performing their functions, NZIST’s council and its chief executive, Ministers, departments of State, authorities, and agencies of the Crown must act in all respects so as to give effect to the intention of Parliament as expressed in this section.
(6)
To avoid doubt,—
(a)
nothing in subsection (3) limits or affects a workforce development council performing its functions under section 482(1)(b) to (f); and
(b)
the performance of those functions by the workforce development council does not limit or affect the academic freedom of NZIST as set out in subsection (3)(a), (b), or (e).
Section 222E: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222F NZIST must establish regional divisions
(1)
NZIST must establish regional divisions for the purposes of—
(a)
appointing members to a staff committee or a students’ committee established under section 222L:
(b)
appointing directors to an NZIST subsidiary.
(2)
NZIST may make statutes for the purposes of subsection (1).
Section 222F: replaced, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
NZIST’s council
Heading: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222G Membership of NZIST’s council
(1)
NZIST’s council must have at least 8, but not more than 12, members, as follows:
(a)
1 member must be a person who is a member of, and elected by, its staff committee; and
(b)
1 member must be a person who is a member of, and elected by, its students’ committee; and
(c)
1 member must be a person who is a member of, and elected by, its Māori advisory committee; and
(d)
the rest of the members must be appointed by the Minister.
(2)
A person is not eligible for appointment under subsection (1) if—
(a)
the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
(b)
a personal order has been made under that Act in respect of the person that reflects adversely on their—
(i)
competence to manage their own affairs in relation to their property; or
(ii)
capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare; or
(c)
the person is a bankrupt who has not obtained an order of discharge, or whose order of discharge has been suspended for a term that has not yet expired or is subject to any conditions that have not yet been fulfilled; or
(d)
the person has at any time been removed from office as a member of a council.
(3)
No act or proceeding of NZIST’s council, or any member or any committee of NZIST’s council, is invalid because of—
(a)
a defect in the appointment or election of a member of the council or committee; or
(b)
a disqualification of a member of the council or committee; or
(c)
a defect in the convening of a meeting; or
(d)
a vacancy or vacancies in the membership of a council or committee.
(4)
For the purposes of this section,—
(a)
a person referred to in subsection (1)(a) is a member of the council only while the person is a permanent member of the staff of NZIST or an NZIST subsidiary:
(b)
a person referred to in subsection (1)(b) is a member of the council only if the person is a student enrolled at NZIST or an NZIST subsidiary, but may continue to be a member of the council for a period of up to 12 months after the date on which their enrolment ends.
(5)
To avoid doubt,—
(a)
all permanent members of NZIST’s or an NZIST subsidiary’s staff are eligible for appointment under subsection (1)(a):
(b)
all students enrolled at NZIST or an NZIST subsidiary are eligible for appointment under subsection (1)(b), regardless of the delivery mode by which the student receives education or training (for example, on-campus learning, distance learning, or work-based training).
Section 222G: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222H Matters to be considered when Minister appoints members to NZIST’s council
(1)
It is desirable in principle that, as far as possible, NZIST’s council should reflect—
(a)
the ethnic, gender, and socio-economic diversity, and the diversity of abilities, of New Zealand’s population; and
(b)
the fact that New Zealand is made up of a number of regions.
(2)
When appointing members of NZIST’s council, the Minister must have regard to subsection (1) and must appoint people who (in the Minister’s opinion)—
(a)
have relevant knowledge, skills, and experience in relation to governance, cultural competency, and the importance of diversity; and
(b)
are likely to be able to fulfil their individual duties to the council; and
(c)
together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.
(3)
A person specified in section 222G(1)(a) and (b) is appointed by the council in accordance with the council’s statute unless the person is ineligible for appointment under section 222G(2).
Section 222H: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222I Chairperson and deputy chairperson
(1)
The Minister may appoint a chairperson and deputy chairperson of NZIST’s council from among its members by giving written notice to the member concerned stating the term for which the member is appointed as chairperson or deputy chairperson.
(2)
The Minister may, by written notice to the member concerned, dismiss the chairperson or deputy chairperson of NZIST’s council from office as chairperson or deputy chairperson.
(3)
However, the Minister must not dismiss the chairperson or deputy chairperson without first consulting them on the proposed dismissal.
(4)
The chairperson or deputy chairperson of NZIST’s council—
(a)
may resign as chairperson or deputy chairperson by giving written notice to the Minister; and
(b)
ceases to hold office if they—
(i)
cease to be a member of NZIST’s council; or
(ii)
become the chief executive of NZIST or a member of the staff of NZIST or an NZIST subsidiary; or
(iii)
become a student enrolled at NZIST or an NZIST subsidiary.
(5)
A chairperson or deputy chairperson who resigns must give a copy of the notice of resignation to NZIST’s council.
(6)
The chairperson or deputy chairperson of NZIST’s council holds office as chairperson or deputy chairperson for the term for which they were appointed (but may be reappointed), unless the person earlier dies, is dismissed, resigns, or ceases to hold office under subsection (4)(b).
(7)
If the term of office of the chairperson or deputy chairperson expires before a successor is appointed, the chairperson or deputy chairperson continues in office until their successor is appointed.
Section 222I: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222J Term of office
(1)
A member of NZIST’s council is appointed for a period not exceeding 4 years.
(2)
When appointing members of NZIST’s council under section 222G(1)(d), the Minister must state in the notice appointing the member—
(a)
the day on which the member’s appointment takes effect; and
(b)
the term for which the member is appointed.
Section 222J: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Additional provisions applying to NZIST’s council and NZIST subsidiaries
Heading: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222K Determination of policy
(1)
In determining the policy of NZIST with respect to any matter, NZIST’s council must consult any board, committee, or other body established within NZIST that has responsibility for giving advice in relation to, or for giving effect to, the policy of NZIST with respect to the matter.
(2)
For the purposes of subsection (1), NZIST’s council must establish an academic board consisting of its chief executive and members of the staff and students of NZIST or an NZIST subsidiary to—
(a)
advise it on matters relating to work-based learning, courses of study or training, awards, and other academic matters; and
(b)
exercise powers delegated to it by the council.
(3)
Without limiting subsection (1), NZIST’s council must not make any decision or statute in respect of any academic matter referred to in subsection (2) unless it has requested the advice of the academic board and considered any advice given by the academic board.
(4)
However, a decision or statute made by NZIST’s council is not invalid merely because of a failure of the council to comply with either of subsections (1) and (3).
Section 222K: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222L NZIST’s council must establish advisory committees
(1)
NZIST’s council must establish a staff committee, a students’ committee, and a Māori advisory committee.
(2)
Each committee established under subsection (1) must be treated as a board established by the council under section 193(2)(i).
(3)
Without limiting section 222K(1), NZIST’s council must—
(a)
consult each committee established under subsection (1) on significant matters relating to its strategic direction that are relevant to the class of people represented by that committee; and
(b)
consider any advice given on those matters or any other matters by the committee.
(4)
However, a decision or statute made by NZIST’s council is not invalid merely because of a failure of the council to comply with subsection (3).
Section 222L: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222M Membership of advisory committees
(1)
When appointing members of its staff committee or its students’ committee, NZIST’s council must ensure that—
(a)
each committee consists of persons representing a minimum of each regional division of NZIST established under section 222F; and
(b)
each member of the staff committee is a permanent member of the teaching or general staff of NZIST or an NZIST subsidiary whom the permanent members of the teaching and general staff of NZIST or an NZIST subsidiary have elected to represent them; and
(c)
each member of the students’ committee is a student enrolled at NZIST or an NZIST subsidiary whom the students have elected to represent them.
(2)
When appointing members of its Māori advisory committee, NZIST’s council must determine in consultation with its Māori and iwi partners and stakeholders, the size and composition of the committee, but must ensure that the composition includes—
(a)
representation from NZIST or any of its subsidiaries; and
(b)
external people.
Section 222M: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222N NZIST must obtain consent for certain capital projects of NZIST or NZIST subsidiary
(1)
A capital project may be undertaken by NZIST or an NZIST subsidiary only if—
(a)
the cost of, or level of risk of, the project to NZIST is below thresholds set by the Secretary under subsection (2); or
(b)
the project is within a capital plan of NZIST approved in writing by the Secretary; or
(c)
NZIST has obtained the written consent of the Secretary for the project.
(2)
The Secretary must, after consulting NZIST, set thresholds for the purposes of subsection (1)(a) and publish those thresholds on an Internet site maintained by or on behalf of the Ministry.
(3)
This section applies despite section 201A (which relates to how institutions may use capital and income).
Section 222N: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222O NZIST subsidiary must obtain consent before exercising powers under section 192(4)
Unless section 192(5) applies, an NZIST subsidiary must not exercise any of the powers in section 192(4) unless—
(a)
it has notified NZIST in writing of the proposed exercise of the power; and
(b)
NZIST has obtained the consent of the Secretary to the proposed exercise of the power by the NZIST subsidiary.
Section 222O: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Interventions
Heading: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222P Criteria for risk assessment of NZIST and related entities
(1)
For the purpose of exercising a power under any of sections 222R to 222X, the Secretary must, after consulting NZIST’s council, determine criteria for assessing the levels of risks to—
(a)
NZIST and any related entity of NZIST; or
(b)
the education and training performance of students enrolled at NZIST and any related entity of NZIST.
(2)
The Secretary must publish the criteria in the Gazette.
(3)
The criteria must be reviewed at least once in every 2 years following the date of their publication in the Gazette.
(4)
In this section and sections 222Q to 222U, related entity, in relation to NZIST, has the same meaning as in section 164A.
Section 222P: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222Q NZIST or related entity must provide information if required
(1)
If the chief executive of the Commission has reasonable grounds to believe that NZIST or a related entity of NZIST may be at risk, the chief executive may, by written notice to NZIST’s council, require the council to provide either or both of the following:
(a)
specified information about the operation, management, or financial position of NZIST or a related entity of NZIST at a given time:
(b)
reports at specified intervals on specific aspects of the operation, management, or financial position of NZIST or a related entity of NZIST.
(2)
If the chief executive of the Commission requires information under subsection (1), the information required must be information that relates to the risks to NZIST or the related entity that the chief executive of the Commission is concerned about.
(3)
If NZIST’s council receives a notice under subsection (1) it must provide the chief executive of the Commission with the required information within the period specified in the notice.
(4)
The chief executive of the Commission may revoke or amend any notice given under subsection (1).
Section 222Q: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222R Minister may appoint Crown observer
(1)
This section applies if the Minister believes on reasonable grounds that—
(a)
NZIST or a related entity of NZIST may be at risk; or
(b)
the education and training performance of the students enrolled at NZIST or a related entity of NZIST may be at risk.
(2)
The Minister may appoint a Crown observer to NZIST’s council.
(3)
However, a Crown observer must not be appointed unless the Minister has first—
(a)
consulted NZIST’s council; and
(b)
advised NZIST’s council that the Minister is considering appointing a Crown observer; and
(c)
given NZIST’s council an opportunity to comment on the proposal.
(4)
An appointment under this section must be in writing and must state the date on which it takes effect.
(5)
A Crown observer may—
(a)
attend any meeting of NZIST’s council (or a committee or board of NZIST’s council) to which the Crown observer is appointed; and
(b)
offer advice to NZIST’s council (or a committee or board of NZIST’s council); and
(c)
report to the Minister on any matter raised or discussed at any meeting that the person attends as a Crown observer.
(6)
Except as authorised by subsection (5)(c), a Crown observer must, at all times, maintain confidentiality with respect to the affairs of NZIST’s council.
(7)
A Crown observer is not a member of NZIST’s council (or a committee or board of NZIST’s council), and may not—
(a)
vote on any matter; or
(b)
exercise any of the powers, or perform any of the functions or duties, of a member of NZIST’s council.
Section 222R: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222S Specialist help
(1)
This section applies if the chief executive of the Commission believes on reasonable grounds that—
(a)
NZIST or a related entity of NZIST may be at risk; or
(b)
the education and training performance of the students enrolled at NZIST or a related entity of NZIST may be at risk.
(2)
The chief executive may, by written notice to NZIST’s council, require it—
(a)
to obtain specialist help; or
(b)
to obtain specialist help for a related entity of NZIST.
(3)
The notice must state—
(a)
the help or kind of help to be obtained; and
(b)
the person or organisation, or kind of person or organisation, from whom or from which it is to be obtained.
(4)
As soon as is reasonably practicable after receiving the notice, NZIST’s council must comply with it.
(5)
NZIST’s council must—
(a)
provide the information and access, and do all other things, reasonably necessary to enable the person or organisation engaged to provide the help; and
(b)
to the extent that the help provided is advice, take the advice into account in performing its functions and duties; and
(c)
pay the person or organisation’s reasonable fees and expenses.
Section 222S: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222T Performance improvement plan
(1)
This section applies if the chief executive of the Commission believes on reasonable grounds that—
(a)
NZIST or a related entity of NZIST may be at risk; or
(b)
the education and training performance of the students enrolled at NZIST or a related entity of NZIST may be at risk.
(2)
The chief executive may, by written notice to NZIST’s council, require it to prepare and give to the chief executive a draft performance improvement plan for NZIST or a related entity of NZIST.
(3)
The notice must state—
(a)
the matters to be addressed by the draft plan; and
(b)
the outcomes that implementation of the draft plan is intended to achieve; and
(c)
the times by which those outcomes should be achieved; and
(d)
the performance measures that will be used to determine whether those outcomes have been achieved; and
(e)
the date by which the draft plan must be given to the chief executive.
(4)
NZIST’s council must prepare, and give to the chief executive by the stated date, a draft plan that complies with subsection (3).
(5)
The chief executive may—
(a)
approve the draft plan; or
(b)
after considering the draft plan, approve for NZIST or the related entity some other plan that complies with subsection (3) (whether a modified version of the draft plan or a different plan).
(6)
If the council does not comply with subsection (4), the chief executive may approve for NZIST or the related entity (as the case may be) any plan that complies with subsection (3) that the chief executive thinks appropriate.
(7)
The chief executive must not approve any plan other than a draft plan given to the chief executive before discussing it with NZIST’s council.
(8)
NZIST’s council must take all reasonably practicable steps to implement a plan approved under this section.
Section 222T: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222U Minister may appoint Crown manager
(1)
This section applies if the Minister believes on reasonable grounds—
(a)
that there is a risk to the operation or long-term viability of NZIST or a related entity of NZIST; or
(b)
that the education and training performance of the students enrolled at NZIST or a related entity of NZIST is at risk.
(2)
The Minister may, by written notice to NZIST’s council, appoint a Crown manager for NZIST.
(3)
The Minister must not appoint a Crown manager under subsection (2) without—
(a)
giving NZIST’s council written notice of the Minister’s intention to do so and the Minister’s reasons for intending to do so; and
(b)
allowing NZIST’s council a reasonable time to respond to the notice; and
(c)
considering any written submissions received from NZIST’s council within that time.
(4)
Whether a time is reasonable in any particular case may depend (among other things) on the urgency of the matters the Crown manager will have to deal with.
(5)
The notice must state—
(a)
the name of the Crown manager and the day on which their appointment takes effect; and
(b)
the functions of NZIST’s council to be performed by the Crown manager; and
(c)
any conditions subject to which the Crown manager may perform those functions; and
(d)
any matters about which the Crown manager may advise NZIST’s council.
(6)
As soon as practicable after appointing a Crown manager, the Minister must notify the appointment in the Gazette.
(7)
While there is a Crown manager appointed for NZIST,—
(a)
the Crown manager may perform any of the functions stated in the notice appointing them, and—
(i)
for that purpose the Crown manager has all the powers of NZIST’s council; but
(ii)
in performing any of those functions (and exercising any of those powers in order to do so), the Crown manager must comply with all relevant duties of NZIST’s council; and
(b)
NZIST’s council—
(i)
must not perform any of those functions; but
(ii)
must provide the information and access, and do all other things, reasonably necessary to enable the Crown manager to perform those functions and exercise those powers.
(8)
The Crown manager must perform any function under subsection (7)(a) (and exercise any power in order to do so) in accordance with this Act and, in particular, must have regard to section 222E.
(9)
NZIST’s council must pay the Crown manager’s reasonable fees and expenses.
(10)
If the Crown manager’s appointment has not earlier been revoked, the Minister must consider whether the reasons for the appointment still apply—
(a)
no later than 12 months after it was made; and
(b)
no later than 12 months after the Minister last considered whether they still apply.
Section 222U: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222V Protection of Crown manager
A Crown manager is not personally liable for any act done or omitted to be done by the Crown manager, or for any loss arising from that act or omission, if the Crown manager was acting—
(a)
in good faith; and
(b)
in the course of carrying out their functions.
Section 222V: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222W Powers may be used concurrently
To the extent that it is possible in practice, powers given by 2 or more of sections 222Q to 222U may be exercised concurrently.
Section 222W: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222X Minister may dissolve NZIST’s council and appoint commissioner
(1)
The Minister may, by written notice, dissolve NZIST’s council and appoint a commissioner to act in place of the council if the Minister believes on reasonable grounds that—
(a)
there is a serious risk to the operation or long-term viability of NZIST; and
(b)
other methods of reducing the risk have failed or appear likely to fail.
(2)
A notice under subsection (1) must specify—
(a)
the date on which the dissolution and appointment take effect; and
(b)
the name of the person appointed as commissioner.
(3)
The Minister may not exercise the power under subsection (1) unless the Minister has first—
(a)
consulted NZIST’s council and any other interested parties over the possible need to dissolve the council and appoint a commissioner; and
(b)
following that consultation, given the council written notice of the Minister’s preliminary decision that NZIST’s council should be dissolved and a commissioner appointed in its place; and
(c)
allowed NZIST’s council at least 21 days in which to respond to the preliminary decision; and
(d)
considered any submissions made by NZIST’s council about why the preliminary decision should not be confirmed.
(4)
As soon as practicable after giving a notice under subsection (1), the Minister must—
(a)
publish a copy of it in the Gazette; and
(b)
present a copy of it to the House of Representatives.
(5)
When a commissioner is appointed under this section, the Minister must review the appointment at least once in every 12 months following the appointment.
(6)
As soon as the Minister is satisfied (following an annual review or at any other time) that the risk that gave rise to the appointment of the commissioner has reduced to such an extent that it is appropriate that NZIST be administered by a council, a new council must be appointed in accordance with sections 222G to 222J.
(7)
A commissioner’s appointment ends on the close of the day before a new council takes office.
(8)
Sections 195DA, 195E, and 195F apply, with any necessary modifications, as if a commissioner appointed under subsection (1) were appointed under section 195D.
Section 222X: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222Y NZIST’s council may request intervention
If NZIST’s council requests the Minister or the chief executive of the Commission (as the case may be) to act under any of sections 222R to 222X, the Minister or the chief executive—
(a)
must consider any argument or evidence supplied by NZIST’s council; and
(b)
must consider whether or not to act under that section; but
(c)
may then (if any necessary conditions are satisfied) act under another of those sections giving them power to act.
Section 222Y: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Application of Crown Entities Act 2004 to NZIST’s council
Heading: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222Z Additional provisions of Crown Entities Act 2004 that apply to NZIST’s council
(1)
The provisions of the Crown Entities Act 2004 specified in Part 2 of Schedule 4 of that Act and Part 2 of Schedule 13A of this Act apply to NZIST and NZIST’s council.
(2)
NZIST must be treated as a statutory entity for the purpose of applying those provisions.
Section 222Z: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Further provisions relating to NZIST subsidiaries
Heading: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222ZA Formation of NZIST subsidiaries
(1)
NZIST may, with the written approval of the Minister, form 1 or more NZIST subsidiaries.
(2)
Schedule 25 specifies further provisions of this Act that apply and do not apply to an NZIST subsidiary formed under subsection (1) that provides education or training, or both.
(3)
The Governor-General may, by Order in Council made on the recommendation of the Minister, specify further provisions of this Act that apply to an NZIST subsidiary formed under subsection (1) that does not provide education or training, or both.
Section 222ZA: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
222ZB Application of Schedule 23
Schedule 23 applies to an NZIST subsidiary on its dissolution date (as defined in clause 1 of that schedule).
Section 222ZB: inserted, on 1 April 2020, by section 53 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Part 16 Programmes and students
Part 16: inserted, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).
Part 16 heading: amended, on 30 August 2011, by section 22 of the Education Amendment Act 2011 (2011 No 66).
223 Programmes
(1)
Subject to subsection (2), section 222E(6), and Part 20, the council of each institution may determine the programmes of study and training to be provided at the institution.
(2)
If the Minister believes on reasonable grounds that the provision or the continued provision of a particular programme of study or training at a particular institution would have significant implications for the allocation of the national resources available for tertiary education or vocational training, and would be contrary to the efficient use of those resources, the Minister may, after consulting the council of the institution and such other persons as the Minister considers appropriate, by written notice to the council setting out the reasons for giving the direction, direct the council that the institution is not to provide, or to continue to provide, that programme.
(3)
The power of the Minister under subsection (2) may be exercised only in relation to a programme of study or training as a whole and that subsection does not entitle the Minister to give a direction limited to particular subjects or other constituent elements of a programme of study or training.
(4)
The council of an institution shall comply with a direction given to it under subsection (2).
Section 223: inserted, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).
Section 223 heading: replaced, on 30 August 2011, by section 23(1) of the Education Amendment Act 2011 (2011 No 66).
Section 223(1): amended, on 1 April 2020, by section 54 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 223(1): amended, on 30 August 2011, by section 23(2) of the Education Amendment Act 2011 (2011 No 66).
Section 223(2): amended, on 30 August 2011, by section 23(3) of the Education Amendment Act 2011 (2011 No 66).
Section 223(3): amended, on 30 August 2011, by section 23(3) of the Education Amendment Act 2011 (2011 No 66).
224 Enrolment of students
(1)
In this section,—
eligible student, in relation to a programme or training scheme at an institution, means a person who is eligible to be enrolled as a student in that programme or scheme by virtue of subsection (2)
year means a period of 12 months commencing on 1 January.
(2)
Subject to this section, a person is eligible to be enrolled as a student at any institution in a programme or training scheme provided by the institution if, and only if,—
(a)
either—
(i)
the person is a domestic student; or
(ii)
the council of the institution consents; and
(b)
the person holds the minimum entry requirements for the programme or scheme as determined by the council; and
(c)
the person has attained,—
(i)
if the institution has fixed a minimum age for enrolment at the institution, the age so fixed; and
(ii)
if the institution has fixed a minimum age for enrolment in the programme or scheme, the age so fixed.
(3)
Subsection (2)(b) and (c) do not apply to a person if—
(a)
the person has attained the age of 20 years; or
(b)
the council of the institution is satisfied that the person is capable of undertaking the programme or scheme concerned.
(4)
An eligible student who applies for enrolment in a programme or training scheme at an institution is, subject to this section, entitled to be enrolled in that programme or scheme.
(5)
If the council of an institution is satisfied that it is necessary to do so because of insufficiency of staff, accommodation, or equipment, the council may determine the maximum number of students who may be enrolled in a particular programme or training scheme at the institution in a particular year.
(6)
Where—
(a)
the maximum number of students who may be enrolled at an institution in a particular programme or training scheme in a particular year is determined by the council of the institution under subsection (5); and
(b)
the number of eligible students who apply for enrolment in that programme or training scheme in that year exceeds the maximum number so determined,—
the council may, in the selection of the students to be enrolled, give preference to eligible persons who are included in a class of persons that is under-represented among the students undertaking the programme or training scheme.
(7)
The council of an institution must not permit the enrolment at the institution of an international student for all or part of a programme unless—
(a)
the programme is approved by the Qualifications Authority and the institution is accredited to provide the programme; or
(b)
the programme is exempted under section 232B.
(8)
The council of an institution must not permit the enrolment at the institution of an international student for all or part of a training scheme unless the scheme is an approved training scheme or exempted under section 232B.
(9)
Except as provided in subsection (11), no international student may be enrolled at an institution if the student’s enrolment at the institution would have the effect that a domestic student who is eligible to enrol at the institution and has applied for enrolment would not be able to be enrolled.
(10)
Except as provided in subsection (11), no international student may be enrolled in any programme or training scheme at an institution if the student’s enrolment in that programme or scheme would have the effect that a domestic student who is eligible to enrol in the programme or scheme and has applied for enrolment in the programme or scheme would not be able to be enrolled in it.
(11)
Although domestic students may not be able to be enrolled at an institution or in a programme or training scheme at an institution, an international student may be enrolled at the institution, or in that programme or scheme at the institution, if the enrolment is in a vacant place—
(a)
that the council of the institution established for international students; and
(b)
whose continued availability is dependent on the fees payable by international students enrolled in it.
(12)
Nothing in this section prevents the council of an institution from refusing to permit, or from cancelling, the enrolment of a person as a student at the institution, or in a particular programme or scheme at the institution, on the ground that—
(a)
the person is not of good character; or
(b)
the person has been guilty of misconduct or a breach of discipline; or
(c)
the person is enrolled for full-time instruction in another institution or in a school; or
(d)
the person has made insufficient progress in the person’s study or training after a reasonable trial at the institution or at another institution.
(13)
The chief executive of an institution that provides approved programmes of pre-service teacher training must ensure that the appropriate authorities of the institution liaise with the appropriate authorities of other institutions that provide such programmes so as to establish common requirements to govern the selection of people for enrolment, and the enrolment of people, in those programmes.
Section 224: replaced, on 30 August 2011, by section 24 of the Education Amendment Act 2011 (2011 No 66).
225 Records relating to students
(1)
Each institution shall keep records that show—
(a)
the progress of each student at the institution (including the principal results achieved by the student) in his or her programme of study or training; and
(b)
particulars of any allowances, grants, or other payments received by each student at the institution in respect of his or her programme of study or training out of public money appropriated by Parliament.
(2)
Without limiting the generality of subsection (1), the records to be kept by an institution under that subsection include such records as will enable the institution to comply with any requirement that may be made by the Secretary under section 226.
Section 225: inserted, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).
Section 225(1)(a): amended, on 30 August 2011, by section 25 of the Education Amendment Act 2011 (2011 No 66).
Section 225(1)(b): amended, on 30 August 2011, by section 25 of the Education Amendment Act 2011 (2011 No 66).
226 Secretary may require information
The Registrar or other appropriate officer of an institution shall, if so required by the Secretary, provide to the Secretary, in such form as the Secretary specifies, such statistical information in the possession of the institution as the Secretary specifies in relation to students generally or a particular class of students.
Section 226: inserted, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).
226A Disclosure of enrolment information by institutions
(1)
In this section, unless the context otherwise requires,—
allowance means an allowance established by regulations made under section 303, or identified by Gazette notice under section 307AB
benefit means jobseeker support under the Social Security Act 2018
chief executive means the chief executive of the department
department means the department for the time being responsible for the administration of the Social Security Act 2018 and for the administration of Part 25
specified period means any period specified in a notice under subsection (3)
student loan has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011
student loan scheme has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011.
(2)
The purpose of this section is to facilitate the disclosure of information by institutions to the department, in order to verify—
(a)
the entitlement or eligibility of any person to or for any benefit or allowance or student loan; or
(b)
the amount of any benefit or allowance or student loan to which any person is or was entitled or for which any person is or was eligible.
(3)
For the purpose of this section, the chief executive may from time to time, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993), by notice in writing or electronically require the institution to supply all or any of the information set out in subsection (6), in respect of people—
(a)
who are (or were in any specified period) enrolled as students at the institution; or
(b)
whose name and date of birth (being the name and date of birth of any person who is, or was during any specified period, receiving a benefit or allowance or student loan) is supplied to the institution by the chief executive, together with the notice.
(4)
A notice under subsection (3) may require the institution to supply the information specified in the notice either immediately or at specified times during the academic year, or both, and in the latter case may require the institution to supply at those times only details of any changes to the information the institution has previously supplied under this section.
(5)
A notice under subsection (3) may include—
(a)
an identification number assigned by the chief executive to any person who is referred to in the notice; or
(b)
an identification number assigned to any such person by the institution; or
(c)
both.
(6)
The details referred to in subsection (3) are—
(a)
their—
(i)
full names and addresses; and
(ii)
their dates of birth:
(b)
their identification numbers (being either or both of the identification numbers referred to in subsection (5)):
(c)
details of the education or training in which they are so enrolled, and details of the fees for that education or training:
(d)
if, during the specified period, they are enrolled for any such education or training or ceased to be so enrolled or ceased to be enrolled as students, the details of each such event and the respective dates on which the event occurred:
(e)
details of their academic performance in any such education or training:
(f)
details of their citizenship or residency status in New Zealand:
(g)
details of any allowances granted to the person by the institution on behalf of the Secretary in any academic year before the 1999 academic year:
(h)
details reasonably required by the chief executive for the administration of the student loan scheme or for the determination or provision of an allowance or a benefit.
(7)
As soon as possible after the time or times specified in a requirement under subsection (3), an institution must supply the information required to the chief executive or any employee or agent of the department authorised by the chief executive to receive such information.
(8)
Information supplied by an institution under subsection (7) must be in a form previously agreed between the institution and the chief executive under the Privacy Act 1993 (or, where they are unable to agree, in a form settled by the Privacy Commissioner appointed under the Privacy Act 1993), and may include coded information.
(9)
Section 104 of the Privacy Act 1993 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in this section, the Commissioner, before seeking a report on any of the matters in section 104(2)(a), (d), or (e) from a tertiary institution, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 2018.
Section 226A: replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 226A(1) allowance: amended, on 17 May 2006, by section 44 of the Education Amendment Act 2006 (2006 No 19).
Section 226A(1) benefit: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 226A(1) benefit: amended, on 15 July 2013, by section 114 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Section 226A(1) benefit: amended, on 15 July 2013, by section 129 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Section 226A(1) benefit: amended, on 20 August 2012, by section 28(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
Section 226A(1) department: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 226A(1) student loan: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 226A(1) student loan scheme: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 226A(2)(a): amended, on 1 November 1999, by section 2(2)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(2)(b): amended, on 1 November 1999, by section 2(2)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(3)(a): amended, on 1 November 1999, by section 2(2)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(3)(b): amended, on 1 November 1999, by section 2(2)(c) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(6)(c): replaced, on 30 August 2011, by section 26(1) of the Education Amendment Act 2011 (2011 No 66).
Section 226A(6)(d): amended, on 30 August 2011, by section 26(2) of the Education Amendment Act 2011 (2011 No 66).
Section 226A(6)(d): amended, on 1 November 1999, by section 2(2)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(6)(e): amended, on 30 August 2011, by section 26(2) of the Education Amendment Act 2011 (2011 No 66).
Section 226A(6)(h): inserted, on 1 November 1999, by section 2(3) of the Education Amendment Act 1999 (1999 No 107).
Section 226A(6)(h): amended, on 30 August 2011, by section 26(3) of the Education Amendment Act 2011 (2011 No 66).
Section 226A(9): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 226A(9): amended, on 20 May 2010, by section 49 of the Education Amendment Act 2010 (2010 No 25).
226B Offences concerning information requests
(1)
Any institution that intentionally fails or refuses to comply with section 226A(7) commits an offence and is liable on conviction to the penalty specified in subsection (2).
(1A)
An institution commits an offence and is liable on conviction to a penalty specified in subsection (2) if, in response to any requirement to supply information under section 226A, the institution intentionally—
(a)
makes a false or misleading statement; or
(b)
makes a statement from which any material matter has been omitted; or
(c)
provides any false or misleading paper, document, or record; or
(d)
provides a paper, document, or record from which any material matter has been omitted.
(2)
The maximum penalty for an offence against subsection (1) or (1A) is a fine not exceeding $5,000, and, where the offence is a continuing one, a fine not exceeding $500 for each day the offence continues.
Section 226B: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 226B(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 226B(1A): inserted, on 30 August 2011, by section 27(1) of the Education Amendment Act 2011 (2011 No 66).
Section 226B(1A): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
Section 226B(2): amended, on 30 August 2011, by section 27(2) of the Education Amendment Act 2011 (2011 No 66).
227 Fees for domestic students
(1)
The council of an institution may fix, or specify a means by which there may be calculated or ascertained, a tuition fee for any programme of study or training at the institution.
(1A)
The council of an institution that receives funding under section 159YA or 159ZC must not fix, in relation to domestic students, a fee (or a fee of a particular kind) that exceeds any maximum specified in a condition imposed under section 159YC or 159ZD(2) (whichever is applicable) as being the maximum fee (or fee of that kind) that can be charged to a domestic student.
(1B)
The council of an institution may fix, or specify a means for calculating or ascertaining, a fee for the provision of student services that are provided by the institution or by another person or body on behalf of the institution.
(1C)
If the Minister gives an institution a direction under section 227A(1)(a) listing the categories of student services that the institution may make available, the council of the institution must ensure that any fees fixed under subsection (1B) for the provision of student services relate only to the types of student services that fall within those categories.
(1D)
If an institution is given a direction under section 227A(4), the council of the institution must not fix, in relation to the amount that students may be charged for student services, a fee that exceeds the maximum amount specified in the direction.
(2)
No domestic student shall be or continue to be enrolled in a programme of study or training at an institution unless there have been paid to the council in respect of the student—
(a)
the tuition fee (if any) fixed, or calculated or ascertained in accordance with a means specified, under subsection (1); and
(ab)
the fee for the provision of student services (if any) determined under subsection (1B); and
(b)
all other fees (if any) prescribed by the council.
(3)
Nothing in subsection (2) prevents a council’s accepting by instalments any fee required by that subsection to be paid.
(4)
The council of an institution shall take all reasonable steps to ensure that before the procedures for enrolling a student at the institution for the first time in any year are complete the student is given written notice of the circumstances (if any) in which the student is or may be entitled to a refund of all or any part of fees under this section paid or to be paid to the council.
(5)
The power of a council to refund to a student all or any part of any fees paid to it under this section is not limited or affected by—
(a)
any failure to comply with subsection (4); or
(b)
the fact that the circumstances fall outside those notified under that subsection; or
(c)
the fact that the refund is larger than a notice under that subsection provides for.
Section 227: replaced, on 1 January 1992, by section 24 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 227(1): amended, on 30 August 2011, by section 28(1) of the Education Amendment Act 2011 (2011 No 66).
Section 227(1A): inserted, on 1 January 2003, by section 20 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 227(1A): amended, on 1 January 2008, by section 31(a) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 227(1A): amended, on 1 January 2008, by section 31(b) of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 227(1B): inserted, on 30 August 2011, by section 28(2) of the Education Amendment Act 2011 (2011 No 66).
Section 227(1C): inserted, on 30 August 2011, by section 28(2) of the Education Amendment Act 2011 (2011 No 66).
Section 227(1D): inserted, on 30 August 2011, by section 28(2) of the Education Amendment Act 2011 (2011 No 66).
Section 227(2): amended, on 30 August 2011, by section 28(1) of the Education Amendment Act 2011 (2011 No 66).
Section 227(2)(ab): inserted, on 30 August 2011, by section 28(3) of the Education Amendment Act 2011 (2011 No 66).
227A Ministerial direction to institutions relating to compulsory student services fees
(1)
For the purpose of ensuring accountability in the use of compulsory student services fees determined under section 227(1B), the Minister may give an institution or institutions a written direction that—
(a)
lists the categories of student services that the institution or institutions may make available to students:
(b)
requires the institution or institutions to hold the fees in a specified manner (for example, in a separate account to be used solely for the purpose of expenditure on student services) and, if the fees are to be held in an account, ensure that the account is audited:
(c)
requires the institution or institutions to establish adequate arrangements for decisions to be made jointly or in consultation with the students enrolled at the institution, or their representatives, on all or any of the following matters:
(i)
the types of student services that, subject to subsection (2)(a), are to be made available to students:
(ii)
the categories of student services that, subject to subsection (2)(b), are to be made available to students:
(iii)
the maximum amount that students may be charged for the student services that are to be made available (the student services fee):
(iv)
the procurement of student services:
(v)
the method for authorising expenditure on student services:
(d)
requires the institution or institutions to include the following information in the institution’s annual report (under section 220):
(i)
a description of the services funded out of the student services fee:
(ii)
a statement of the fee income and expenditure for each type of student service:
(iii)
the student services fee expressed as an amount payable per student:
(iv)
a statement describing how the institution has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b):
(e)
requires the institution or institutions to publish information about the following matters on an Internet site maintained by the institution:
(i)
the student services fee expressed as an amount payable per student:
(ii)
the arrangements that the institution has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c):
(iii)
how students can participate in the process of joint decision making or consultation mentioned in paragraph (c).
(2)
If the Minister lists under subsection (1)(a) categories of student services that may be made available to students (listed categories),—
(a)
the types of student services described in subsection (1)(c)(i) must fall within the listed categories; and
(b)
the categories of student services described in subsection (1)(c)(ii) must be listed categories.
(3)
A direction given under subsection (1)—
(a)
may include all or any of the things specified in paragraphs (a) to (d) of that subsection:
(b)
must specify when the direction must be complied with.
(4)
If an institution does not comply with a direction given under subsection (1), the Minister may give a written direction to that institution specifying—
(a)
the types of student services that the institution may make available to students; and
(b)
the maximum amount that students may be charged for those services; and
(c)
when the direction must be complied with.
(5)
Before giving a direction under subsection (1) or (4), the Minister must,—
(a)
by notice in the Gazette,—
(i)
set out the proposed direction; and
(ii)
invite submissions on it; and
(iii)
state a final date for receipt of submissions (being a date no later than 21 days after the date of the Gazette notice); and
(b)
consider the submissions (if any) on the proposed direction.
(6)
The council of an institution that is given a direction under subsection (1) or (4) may make statutes under section 194(1) for the purpose of giving effect to the direction.
Section 227A: inserted, on 30 August 2011, by section 29 of the Education Amendment Act 2011 (2011 No 66).
Section 227A(1)(d): replaced, on 30 March 2018, by section 28 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 227A(1)(e): inserted, on 30 March 2018, by section 28 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
228 Fees for international students
(1)
The council of an institution shall take all reasonable steps to ensure that no person is enrolled at the institution until it has established whether the person is a domestic student or an international student.
(2)
No international student shall be or continue to be enrolled in any programme of study or training at an institution unless there have been paid to the council in respect of the student—
(a)
an amount fixed by the council that is not less than the council’s best estimate of—
(i)
the cost to the institution (including the institution’s marginal administrative and other general costs, and the appropriate portion of any initial or start-up costs of the programme) of providing tuition in the programme for 1 student, in the case of a programme in which no domestic student is enrolled:
(ii)
the marginal cost to the institution (including the institution’s marginal administrative and other general costs, and any marginal initial or start-up costs of the programme) of providing tuition in the programme for 1 student in addition to the domestic students receiving tuition in the programme, in every other case; and
(b)
an amount fixed by the council that is not less than an amount that in the council’s opinion is an appropriate reflection of the use by 1 student receiving tuition in the programme of the capital facilities (if any) whose provision at the institution is necessary by virtue only of the institution’s provision of tuition to international students in addition to domestic students; and
(c)
all other fees (if any) prescribed by the council.
(2A)
Notwithstanding subsection (2), a council may accept from an international student in respect of any programme of study or training at an institution an amount that is less than the sum of the amounts referred to in that subsection by an amount that is no greater than the sum of—
(a)
any amounts by which the council has decided to subsidise the student in respect of the programme; and
(b)
the appropriate proportion of any amounts by which the council has decided to subsidise the student in respect of programmes of a kind or description that include the programme; and
(c)
the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of the programme; and
(d)
the appropriate proportion of any amounts by which the council has decided to subsidise students of a kind or description that include the student in respect of programmes of a kind or description that include the programme,—
out of the general revenue of the council (not being funds provided under section 159YA or 159ZC) or out of any special supplementary grant under that section that may be used for the purpose.
(2B)
Nothing in subsection (2) prevents a council’s accepting by instalments any fee required by that subsection to be paid.
(3)
Where an international student has after 31 December 1989 received tuition in a programme of study or training at an institution without paying the full amounts required by paragraphs (a) and (b) of subsection (2) in respect of the programme, the institution may, in any court of competent jurisdiction, recover the underpayment from the student, as a debt to the institution.
(4)
In any year, the amount of any grant for an institution 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 (2)(a) in respect of a programme of study or training at the institution in which an international student was enrolled has not been paid to the institution, the student’s education has been subsidised by public money appropriated by Parliament.
(5)
No grant shall be reduced under subsection (4) unless the Secretary has given to the council of the institution written notice of the circumstances taken into account when the proposed reduction was decided on.
(6)
Where the council of an institution disputes that a grant should be reduced under subsection (4), or disputes the amount by which it should so be reduced, the following provisions apply:
(a)
the council 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 council’s notice, the Secretary has agreed an arbitrator with the council, the agreed arbitrator shall settle the dispute:
(c)
if, within 14 days of getting the council’s notice, the Secretary has not agreed an arbitrator with the council, an arbitrator appointed jointly by the Secretary and by the arbitrator originally proposed by the council shall settle the dispute:
(d)
the arbitrator’s decision is final.
(7)
The council of an institution shall—
(a)
when an international student enrols, or resumes attendance, at the institution, give to the Secretary written notice (to the best of the council’s knowledge) of the student’s name, nationality, and programme of study or training:
(b)
when an international student ceases to be enrolled at, or ceases to attend, the institution, notify the Secretary in writing:
(c)
comply with all accounting requirements relating to international students enrolled at institutions contained in any notice published by the Minister in the Gazette that is for the time being in force.
(8)
The council of an institution shall take all reasonable steps to ensure that when a student enrols at the institution (whether for the first time or for a subsequent time) the student is given written notice of the circumstances (if any) in which the student is or may be entitled to a refund of all or any part of fees under this section paid or to be paid to the council.
(9)
The power of a council to refund to a student all or any part of any fees paid to it under this section is not limited or affected by—
(a)
any failure to comply with subsection (8); or
(b)
the fact that the circumstances fall outside those notified under that subsection; or
(c)
the fact that the refund is larger than a notice under that subsection provides for.
Section 228: inserted, on 1 January 1991, by section 38 of the Education Amendment Act 1990 (1990 No 60).
Section 228 heading: amended, on 30 August 2011, by section 30(1) of the Education Amendment Act 2011 (2011 No 66).
Section 228(1): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2): replaced, on 1 January 1992, by section 25(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 228(2): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2): amended, on 30 August 2011, by section 30(4) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2)(a)(i): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2)(a)(ii): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2)(b): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2)(b): amended, on 30 August 2011, by section 30(4) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A): inserted, on 1 January 1992, by section 25(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 228(2A): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A): amended, on 1 January 2008, by section 32 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 228(2A): amended, on 1 January 2004, by section 17(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 228(2A)(a): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A)(b): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A)(c): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2A)(d): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(2B): inserted, on 1 January 1992, by section 25(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 228(3): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(3): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(3): amended, on 1 January 1992, by section 25(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 228(4): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(4): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(7)(a): amended, on 30 August 2011, by section 30(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228(7)(a): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(7)(b): amended, on 30 August 2011, by section 30(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228(7)(c): amended, on 30 August 2011, by section 30(4) of the Education Amendment Act 2011 (2011 No 66).
Section 228(8): inserted, on 1 January 1992, by section 25(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 228(9): inserted, on 1 January 1992, by section 25(3) of the Education Amendment Act (No 4) 1991 (1991 No 136).
228A Tertiary institutions to give prospective students information about fees
An institution (as defined in section 159(1)) must ensure that prospective students receive, before enrolment is completed, full written details of—
(a)
all fees associated with their programmes; and
(b)
the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the establishment to be bought or provided by students enrolled for each programme of study or training; and
(c)
any fee fixed under section 227(1B) that must be paid to the institution for the provision of student services.
Section 228A: inserted, on 19 December 1998, by section 42 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 228A(a): amended, on 30 August 2011, by section 31(1) of the Education Amendment Act 2011 (2011 No 66).
Section 228A(b): amended, on 30 August 2011, by section 31(2) of the Education Amendment Act 2011 (2011 No 66).
Section 228A(b): amended, on 30 August 2011, by section 31(3) of the Education Amendment Act 2011 (2011 No 66).
Section 228A(c): inserted, on 30 August 2011, by section 31(3) of the Education Amendment Act 2011 (2011 No 66).
229 Fees payable to associations of students
[Repealed]Section 229: repealed, on 11 August 1998, by section 4 of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1998 (1998 No 90).
Part 16A Membership of associations of tertiary students
Part 16A: inserted, on 11 August 1998, by section 5 of the Education (Tertiary Students Association Voluntary Membership) Amendment Act 1998 (1998 No 90).
229A Membership of students association voluntary
No student or prospective student at an institution is required to be a member of a students association.
Section 229A: replaced, on 1 January 2012, by section 6 of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
229B Undue influence
A person must not exert undue influence on any student or prospective student with intent to make that student or prospective student—
(a)
become or remain a member of a students association; or
(b)
cease to be a member of a students association; or
(c)
not become a member of a students association.
Section 229B: replaced, on 1 January 2012, by section 6 of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
229C Complaints
(1)
A student or prospective student who, on reasonable grounds, considers that any person has exerted undue influence in breach of section 229B may lodge a complaint with the council of the institution.
(2)
A complaint must be in writing, and must specify the grounds on which the person believes that undue influence has been exerted.
(3)
A student or prospective student who lodges a complaint—
(a)
is entitled to be heard on the matter by the council; and
(b)
may represent himself or herself, or be represented by an advocate.
(4)
A students association in respect of which a complaint has been lodged—
(a)
is entitled to be heard on the matter by the council; and
(b)
may be represented by a member of the association or by an advocate.
(5)
The council may refuse to hear a complaint if it believes that no reasonable grounds exist for it to be made.
(6)
If the council hears a complaint, it must deal with that complaint in accordance with the principles of natural justice and the procedures (if any) prescribed by the council in statutes made under section 194.
(7)
The council may uphold, reject, or otherwise decide on the complaint as it considers appropriate in the circumstances, and its decision is final.
Section 229C: replaced, on 1 January 2012, by section 6 of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
229CA Students association membership fees
(1)
No person is required to pay a membership fee to a students association, or to pay money to any other person as an alternative to paying such a membership fee, unless that person chooses to become or remain a member of that association.
(2)
A person who is not a member of a students association may not be required to pay a representation fee to that association for any services that the association provides generally to the institution’s student body.
(3)
Subsections (1) and (2) do not prevent a students association—
(a)
charging a person who is not a member of the association for the provision of a specific service to that person, at that person’s request; or
(b)
being contracted by an institution or any other person to provide services to students of an institution.
(4)
The council of an institution must, if asked by a students association of the institution, collect the membership fees of that association, but only if the association provides the council with—
(a)
a copy of its current constitution; and
(b)
an independently audited set of financial accounts of the association for the last financial year.
(5)
The council must pay all membership fees collected on behalf of the students association to the association in a timely manner.
(6)
Despite subsections (4) and (5), the council may decline a request to collect membership fees on behalf of a students association, or may withhold all or part of any membership fees collected, if the council believes that—
(a)
the terms of the constitution of the association are being breached; or
(b)
the accounts disclose financial irregularities.
(7)
The council may retain any membership fees that have been withheld under subsection (6) until the council is satisfied that all breaches of the terms of the association’s constitution, and all financial irregularities, have been appropriately addressed by the association.
(8)
The council may charge a students association for the actual and reasonable costs incurred by the council in collecting membership fees on behalf of that association.
Section 229CA: inserted, on 1 January 2012, by section 6 of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
229D Sections 229A to 229CA apply to private training establishments
Sections 229A to 229CA apply to private training establishments; and, for the purpose of those sections,—
(a)
every reference to an institution includes a reference to a private training establishment; and
(b)
every reference to a council includes a reference to the governing body of the private training establishment.
Section 229D: replaced, on 8 July 2000, by section 25 of the Education Amendment Act 2000 (2000 No 21).
Section 229D heading: amended, on 1 January 2012, by section 7(1) of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
Section 229D: amended, on 1 January 2012, by section 7(2) of the Education (Freedom of Association) Amendment Act 2011 (2011 No 80).
Part 17 Education Review Office
[Repealed]Part 17: repealed, on 25 June 1993, by section 26(4)(b) of the Education Amendment Act 1993 (1993 No 51).
230 Review of institutions
[Repealed]Section 230: repealed, on 25 June 1993, by section 26(4)(b) of the Education Amendment Act 1993 (1993 No 51).
231 Powers of Chief Review Officer
[Repealed]Section 231: repealed, on 25 June 1993, by section 26(4)(b) of the Education Amendment Act 1993 (1993 No 51).
Part 18 Private training establishments
Part 18: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Interpretation
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232 Interpretation
In this Part, unless the context otherwise requires,—
Authority means the Qualifications Authority
code means the code of practice established under section 238F
governing member, in relation to a private training establishment, means—
(a)
any director:
(b)
any member occupying a position equivalent to that of a director:
(c)
if the establishment is a trust, any trustee:
(d)
if the establishment is a partnership, any partner:
(e)
any senior manager:
(f)
any shareholder with a controlling interest in the establishment
senior manager, in relation to a private training establishment, means—
(a)
the chief executive officer or person occupying an equivalent position; or
(b)
any member of staff in charge of academic issues, marketing, administration, finance, student fee trust funds, or student services.
Section 232: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Recognition of community tertiary education provider
Heading: inserted, on 30 March 2018, by section 29 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
232AA Minister may recognise community tertiary education provider
(1)
The Minister may, by notice in the Gazette, recognise a registered establishment as a community tertiary education provider.
(2)
The Minister must, by notice in the Gazette, specify the criteria for recognition of a registered establishment as a community tertiary education provider.
Section 232AA: inserted, on 30 March 2018, by section 29 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Programmes and training schemes in which international students enrolled
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232A Requirements that private training establishments must comply with before enrolling international students
(1)
A private training establishment must not enrol an international student in, or permit an international student to begin to undertake, all or part of a programme at the establishment unless—
(a)
the establishment is registered under section 233 and is a signatory to the code; and
(b)
either—
(i)
the programme is an approved programme and the establishment is accredited to provide the entire programme; or
(ii)
the programme is of less than 3 months’ duration and is exempted under section 232B; and
(c)
if standards from the Directory of Assessment Standards are included in the programme, the establishment has a consent to assess against standards.
(2)
A private training establishment must not enrol an international student to begin to undertake a training scheme at the establishment unless—
(a)
the establishment is a registered establishment and is a signatory to the code; and
(b)
either—
(i)
the training scheme is an approved training scheme; or
(ii)
the training scheme is of less than 3 months’ duration and is exempted under section 232B; and
(c)
if standards from the Directory of Assessment Standards are included in the training scheme, the establishment has a consent to assess against those standards.
(3)
For the purposes of this section and section 232B, a programme or training scheme is of less than 3 months’ duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which the programme or training scheme is, or is proposed to be, provided.
Compare: 1989 No 80 s 232
Section 232A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232B Exemptions
(1)
The Authority may, by notice in the Gazette,—
(a)
exempt programmes for the purposes of section 232A(1)(b)(ii); or
(b)
exempt training schemes for the purposes of section 232A(2)(b)(ii).
(2)
A notice under subsection (1)—
(a)
may exempt only programmes or training schemes that are, or are likely to be, of less than 3 months’ duration; and
(b)
may identify programmes or training schemes, or classes of programmes or training schemes, that are exempt; and
(c)
may identify programmes or training schemes by reference to a provider, or a class of providers, that offers them; and
(d)
may be in respect of programmes or training schemes that have been completed, are in progress, or have not yet started.
Compare: 1989 No 80 s 232(2), (3)
Section 232B: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232C Requirement to be registered before providing approved programmes or training schemes
A private training establishment must be registered before it can provide an approved programme or training scheme to a student.
Compare: 1989 No 80 s 233
Section 232C: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Applications for registration
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232D Applications for registration of private training establishments
(1)
A private training establishment that is a body corporate may apply to the Authority for registration of the establishment as a private training establishment for the purposes of this Act.
(2)
The application must—
(a)
include a written statement setting out—
(i)
the kinds of education the establishment proposes to provide; and
(ii)
the outcomes it seeks to achieve through the provision of those kinds of education; and
(b)
demonstrate how the establishment intends to meet the requirements of sections 233(1), 233A(1), and 233B(1) and (2); and
(c)
contain a statutory declaration from each governing member of the establishment in respect of—
(i)
any material conflicts of interest arising from the person’s role as a governing member of the establishment; and
(ii)
any interests that the person has in organisations in the education or immigration sector that provide goods or services to tertiary students; and
(d)
contain a statutory declaration from each governing member of the establishment in respect of the matters described in section 233A(1)(a) to (g); and
(e)
describe the arrangements that the establishment has in place to manage conflicts of interest that may arise; and
(f)
be in a form and contain any other information that the Authority requires; and
(g)
be accompanied by an amount that the Authority requires as a deposit on the fee charged under section 254(2)(a)(vii).
(3)
The Authority must not consider an application for registration if the applicant does not provide all the information required under subsection (2).
Compare: 1989 No 80 ss 234, 235
Section 232D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
232E Authority may verify identity of governing members of private training establishment
(1)
The Authority may require a private training establishment to provide, to the satisfaction of the Authority, evidence of the identities of its governing members—
(a)
before considering an application for registration from the establishment; or
(b)
at any time there is a change in the membership of the governing members of the establishment.
(2)
When acting under subsection (1), the Authority may interview any governing member of the establishment for the purpose of verifying his or her identity.
Section 232E: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Determination of application
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
233 Grant or refusal of application
(1)
The Authority must grant an application for registration of a private training establishment if it is satisfied that—
(a)
every governing member of the establishment is a fit and proper person (after considering the criteria set out in section 233A); and
(b)
the establishment has in place effective arrangements for managing any conflicts of interest that exist or may arise; and
(c)
no governing member of the establishment has a material conflict of interest that the Authority considers is or is likely to be unmanageable; and
(d)
no governing member of the establishment has an interest of a kind described in section 232D(2)(c)(ii) that the Authority considers is or is likely to be unmanageable; and
(e)
the establishment has, or will at the relevant time have, adequate staff, equipment, and premises to provide its programmes or training schemes; and
(f)
the establishment,—
(i)
in the case of an establishment that is already operational, has acceptable financial management practices and performance (for example, is able to pay its staff, taxes, and creditors); and
(ii)
in the case of an establishment that is not yet operational, is likely to have acceptable financial management practices and performance (for example, is likely to be able to pay its staff, taxes, and creditors); and
(g)
the establishment complies, or is capable of complying and likely to comply, with the conditions of registration under section 233B; and
(h)
before accepting the enrolment of any prospective student, the establishment provides or will provide that student with a written statement of—
(i)
the total costs and other financial commitments associated with the programme or training scheme for which the student seeks enrolment; and
(ii)
any material conflicts of interest of any of the governing members of the establishment; and
(iii)
any interests of a kind described in section 232D(2)(c)(ii); and
(i)
in the case of an establishment that intends to enrol international students, the establishment will become a signatory to the code before enrolling any international students.
(2)
Registration may be granted without limitation as to time or for a specified period.
(3)
The grant of registration does not entitle the establishment or any of its students to receive financial assistance out of public money appropriated by Parliament.
(4)
The Authority may refuse to grant registration to a private training establishment or cancel the establishment’s registration (if already granted) if the Authority is satisfied that a governing member of the establishment has provided a false or misleading declaration under section 232D(2)(c).
(5)
The Authority must give written notice to a private training establishment—
(a)
when it grants, refuses to grant, or cancels registration; and
(b)
if it refuses or cancels registration, give reasons for doing so.
Section 233: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 233(1): amended, on 13 February 2015, by section 15(1) of the Education Amendment Act 2015 (2015 No 1).
Section 233(4): amended, on 13 February 2015, by section 15(2) of the Education Amendment Act 2015 (2015 No 1).
Section 233(5)(a): amended, on 13 February 2015, by section 15(3) of the Education Amendment Act 2015 (2015 No 1).
Section 233(5)(b): amended, on 13 February 2015, by section 15(3) of the Education Amendment Act 2015 (2015 No 1).
233A Criteria for determining whether governing member of private training establishment is fit and proper person
(1)
For the purpose of determining under section 233(1)(a) whether a governing member of a private training establishment is a fit and proper person for that position, the Authority must give any weight that it considers appropriate to all of the following matters:
(a)
the person’s experience in the provision of education services (for example, any previous involvement in a registered private training establishment); and
(b)
whether the person was a governing member of a registered private training establishment that was closed, sold due to insolvency, or taken over; and
(c)
whether the person has been convicted of any offence involving fraud, violence, or dishonesty, or any offence under this Act or section 352 of the Immigration Act 2009; and
(d)
whether the person is a defendant in proceedings in respect of an offence described in paragraph (c); and
(e)
whether the person was adjudicated bankrupt under the Insolvency Act 2006 or the Insolvency Act 1967; and
(f)
whether the person is prohibited from being a director or promoter of, or from 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; and
(g)
whether the person has failed to disclose any material conflict of interest as required under section 232D(2)(c)(i); and
(h)
any other matter that the Authority considers relevant.
(2)
If the applicant has had direct involvement in the provision of education services that have failed, the Authority must give the applicant an opportunity to explain why the risk of this occurring again is unlikely.
Section 233A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Conditions and other requirements of registration
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
233B Conditions of registration
(1)
It is a condition of registration of a private training establishment that it will at all times comply with the requirements in the rules made under section 253, except to the extent that the Authority exempts the establishment, by a condition on its registration, from compliance.
(2)
It is a condition of registration that a registered establishment will keep the written statement required under section 232D(2)(a) up to date.
(3)
It is a condition of registration that a registered establishment will ensure that—
(a)
existing governing members keep the declarations required under section 232D(2)(c) and (d) up to date; and
(b)
any new governing member submits the declarations required under section 232D(2)(c) and (d) before commencing as a governing member of the establishment.
(4)
The Authority may impose conditions on the registration of an establishment that are specific to the establishment or a group or class of establishments.
(5)
The Authority may at any time, with the agreement of the establishment,—
(a)
impose new conditions on the establishment’s registration; or
(b)
amend or revoke any existing conditions.
(6)
The Authority may, without the agreement of an establishment, impose conditions on the establishment’s registration, or amend or revoke any existing conditions, but only if the Authority has first—
(a)
given written notice to the establishment of its intentions; and
(b)
given the establishment a reasonable opportunity to respond to the notice; and
(c)
considered any submissions made by the establishment in response to the notice.
(7)
When conditions are imposed, amended, or revoked, the Authority must give written notice to the establishment of the new, amended, or revoked conditions.
Compare: 1989 No 80 s 236AA
Section 233B: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
233C Annual fee
Every registered private training establishment must pay the Authority an annual registration fee of an amount prescribed by or determined under rules made under section 253.
Section 233C: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Cancellation and lapse of registration
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
233D Cancellation of registration
(1)
The Authority may cancel the registration of a registered private training establishment—
(a)
if it is satisfied on reasonable grounds that—
(i)
the establishment no longer meets 1 or more of the criteria set out in section 233(1); or
(ii)
the establishment is not complying, or has not complied, with 1 or more of the conditions applying to it; or
(b)
if the establishment has provided false or misleading information in its application for registration; or
(ba)
if it is satisfied on reasonable grounds that the establishment has failed or refused to comply with any relevant duties or obligations under this Act, including, but not limited to, the obligations relating to student fee protection; or
(c)
at the written request of the establishment.
(2)
The Authority must cancel the registration of a private training establishment if—
(a)
the establishment has been convicted of an offence against—
(i)
this Act; or
(ii)
section 352 of the Immigration Act 2009; or
(b)
a governing member of the establishment is convicted of any serious criminal activity or any offence referred to in paragraph (a), and the establishment fails to comply with a written notice issued by the Authority on reasonable grounds requiring that the person be removed, within 2 months of receipt of the notice, from his or her position as a governing member and from every other position in the establishment.
(3)
Before cancelling a registration under subsection (1)(a) or (b), the Authority must—
(a)
notify the establishment that it is considering cancelling the establishment’s registration, and give reasons; and
(b)
give the establishment a reasonable opportunity to respond to the notice; and
(c)
consider any submissions made by the establishment in response to the notice.
(4)
If the Authority cancels a registration under this section, it must give notice of its decision to both the establishment and the Commission, with reasons.
(5)
Nothing in this section limits the Authority’s powers under section 255(7)(a) to cancel an establishment’s registration.
Compare: 1989 No 80 s 237
Section 233D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 233D(1)(ba): inserted, on 13 February 2015, by section 16(1) of the Education Amendment Act 2015 (2015 No 1).
Section 233D(4): amended, on 13 February 2015, by section 16(2) of the Education Amendment Act 2015 (2015 No 1).
233E Effect of cancellation
(1)
Cancellation of registration under section 233D or 255(7)(a) takes effect on the date specified by the Authority in the notice given under section 233D(4) (the date of cancellation).
(2)
If the registration of a registered private training establishment is cancelled under section 233D or 255(7)(a), from the date of cancellation,—
(a)
all approved programmes or training schemes granted to the establishment are withdrawn; and
(b)
all accreditations granted to the establishment are withdrawn; and
(c)
all consents to assess against standards granted to the establishment are withdrawn.
(3)
No notice is required to be given to a registered private training establishment for a withdrawal under subsection (2).
Section 233E: replaced, on 13 February 2015, by section 17 of the Education Amendment Act 2015 (2015 No 1).
234 Lapse of registration
(1)
The registration of a registered private training establishment lapses—
(a)
on the date that is 1 year after registration is granted if,—
(i)
within that period, the establishment does not provide an approved programme that it is accredited to provide to enrolled students; and
(ii)
within that period, the establishment does not provide an approved training scheme to enrolled students:
(b)
on the date that is 1 year after the establishment has ceased to provide to enrolled students—
(i)
any approved programme it is accredited to provide; and
(ii)
any approved training scheme.
(2)
Subsection (1) does not affect the registration of a private training establishment if—
(a)
the time for the lapse of the establishment’s accreditation is extended under section 250B(2) beyond either of the dates specified in subsection (1) of this section, in which case the establishment’s registration lapses when the accreditation lapses; or
(b)
the time for the lapse of the establishment’s training scheme approval is extended under section 251C(2) beyond either of the dates specified in subsection (1) of this section, in which case the establishment’s registration lapses when the training scheme approval lapses.
(2A)
Despite anything in subsections (1) and (2), the registration of a registered private training establishment lapses on the date that the establishment ceases to be a body corporate.
(3)
If a registered private training establishment is required under this Act to pay any fees to the Authority, and fails to pay those fees after receiving 2 reminder notices within 3 months, the registration of the establishment lapses on the date that is 1 calendar month after the date of the second reminder notice from the Authority.
(4)
The Authority must give written notice of the lapse of a registration to the establishment.
(5)
If the registration of a registered private training establishment lapses under subsection (1) or (2A), any accreditation, approval, or consent associated with the registration is withdrawn on the date that the registration lapses.
(6)
No notice is required to be given to a registered private training establishment for a withdrawal under subsection (5).
Section 234: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 234(2A): inserted, on 13 February 2015, by section 18(1) of the Education Amendment Act 2015 (2015 No 1).
Section 234(4): amended, on 13 February 2015, by section 18(2) of the Education Amendment Act 2015 (2015 No 1).
Section 234(5): inserted, on 13 February 2015, by section 18(3) of the Education Amendment Act 2015 (2015 No 1).
Section 234(6): inserted, on 13 February 2015, by section 18(3) of the Education Amendment Act 2015 (2015 No 1).
Fees for domestic students
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
234A Fees for domestic students and employers must not exceed maximums set in conditions of funding
(1)
A registered private training establishment that receives funding under section 159YA or 159ZC must not exceed the maximum amount when fixing a tuition fee or a fee of a particular kind for any programme or training scheme at the establishment.
(2)
If a registered private training establishment is given a direction under section 235D(4), the establishment must not fix, in relation to the amount that students or employers may be charged for student services, a fee that exceeds the maximum amount specified in the direction.
(3)
In subsection (1), the maximum amount means the maximum specified in a condition imposed under section 159YC or 159ZD(2) (whichever is applicable) as being the maximum fee (or fee of that kind) that can be charged to a domestic student or an employer.
Compare: 1989 No 80 s 236C
Section 234A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 234A heading: amended, on 1 April 2020, by section 55(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 234A(2): amended, on 1 April 2020, by section 55(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 234A(3): amended, on 1 April 2020, by section 55(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Information that must be given to prospective students
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
234B Information that private training establishments must give prospective students
Every private training establishment must—
(a)
ensure that all printed and other information made available to prospective students has full details of—
(i)
the total fees for each programme or training scheme, including fees for class or lecture materials, books, special clothing, safety equipment, tools, and any other items that are or may be provided to students enrolled for that programme or training scheme, and including any students association membership fees; and
(ii)
the class or lecture materials, books, special clothing, safety equipment, tools, and other items that are or may be required by the establishment to be bought or provided by students enrolled for each programme or scheme; and
(b)
before accepting the enrolment of any prospective student, give the student a written statement of—
(i)
the total costs of the programme or training scheme and all other financial commitments associated with the programme or training scheme; and
(ii)
the cost of fees charged for student services provided by the establishment; and
(iii)
any material conflicts of interest of any of the governing members of the establishment; and
(iv)
any interests of a kind described in any statement required under section 232D(2)(c)(ii); and
(c)
give every prospective student a written statement of his or her entitlements under sections 235 and 235A, in the event that the student withdraws from a programme or training scheme.
Compare: 1989 No 80 s 236A
Section 234B: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Protection of student fees
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
234C Interpretation
(1)
independent trustee, in relation to a private training establishment, means a trustee that does not provide any other service to the establishment other than that referred to in section 234E
refund period means,—
(a)
in relation to a domestic student who, on or after 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the period of time that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the later of 7 days after—
(i)
the first day of the programme or scheme for which the attendance of the student at the establishment is required; or
(ii)
any other day that the establishment permits the student to begin attendance:
(b)
in relation to a domestic student who, before 1 January 2015, is enrolled in a programme or part of a programme, or enrolled in a training scheme, the 7 days after the first day of the programme or scheme for which the attendance of the student at the establishment is required
trustee means Public Trust, a trustee company under the Trustee Companies Act 1967, a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013) in public practice, or a lawyer whose practising certificate allows the holding of trust funds.
(2)
In sections 234D to 235C, the requirement that funds paid by or on behalf of a student be deposited with an independent trustee applies to all components of any fee payable by the student (for example, it includes any component of the fee payable by the student in respect of accommodation costs or agent commissions).
Section 234C: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 234C(1) refund period: replaced, on 13 February 2015, by section 19 of the Education Amendment Act 2015 (2015 No 1).
Section 234C(1) trustee: amended, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
234D Application of rules relating to student fee protection
(1)
This section applies to a person who receives money from a student for the purpose of enrolling, or helping the student to enrol, in a programme or training scheme at a private training establishment.
(2)
A person to whom this section applies must comply with the requirements of the rules made under section 253 that relate to student fee protection.
Section 234D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
234E Student fees must be deposited with independent trustee
(1)
If a private training establishment receives any funds paid by or on behalf of a student in respect of a programme or training scheme provided by the establishment, the establishment must—
(a)
deposit those funds, as soon as practicable, with an independent trustee approved by the Authority; and
(b)
hold those funds on trust for the student until they are deposited with the independent trustee.
(2)
If a person to whom section 234D applies receives any funds paid by or on behalf of a student in respect of a programme or training scheme provided by the establishment, the person must—
(a)
deposit those funds, as soon as practicable, with an independent trustee approved by the Authority unless the establishment has made alternative arrangements that are acceptable to the Authority; and
(b)
hold those funds on trust for the student until they are deposited with the independent trustee or in accordance with the alternative arrangements referred to in paragraph (a).
(3)
An independent trustee approved by the Authority must comply with the requirements of any rules made under section 253 relating to student fee protection.
(4)
The Authority—
(a)
may withdraw its approval of a particular trustee if satisfied that the trustee is not managing the trust funds in accordance with the requirements of the rules; and
(b)
must, if approval for a trustee is withdrawn, appoint a new trustee in accordance with the rules.
(5)
The requirements specified in subsection (1) do not apply—
(a)
in respect of any programme or training scheme that is exempt from those requirements by rules made under section 253(1)(pb); or
(b)
in the case of a student or group of students for whom the private training establishment has deposited, with an independent trustee approved by the Authority, an amount of money that is sufficient to make the necessary refunds to that student or those students under section 235 or 235A.
Section 234E: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 234E(5): inserted, on 13 February 2015, by section 20 of the Education Amendment Act 2015 (2015 No 1).
235 Refund entitlements of domestic students
(1)
A domestic student who is enrolled at a private training establishment for all or part of a programme or training scheme that is of more than 3 months’ duration and who withdraws from that programme or scheme within the refund period is entitled to a refund, without deduction, of so much of any payment, or of the sum of any payments, made by the student in respect of the programme or scheme, and, if withdrawal from the programme or scheme also constitutes complete withdrawal from the establishment, in respect of enrolment at the establishment, as exceeds $500 or 10% of the amount of that payment or of the sum of those payments, whichever is the lesser.
(1A)
A private training establishment must—
(a)
allow every domestic student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and
(b)
refund to every domestic student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.
(2)
If the student withdraws from a programme or training scheme within the refund period, the independent trustee must refund all payments made to it by the private training establishment in respect of the programme or scheme—
(a)
to the trustee of the student’s new education provider; or
(b)
if the fee has been paid for by student loan money, to the department defined in section 235F(1); or
(c)
to the student, if neither paragraph (a) nor (b) applies.
(3)
When the refund period, in relation to any fees paid by or behalf of a student, has expired,—
(a)
the fees paid must continue to be held in trust by the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or
(b)
the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.
Section 235: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 235(1A): inserted, on 30 March 2018, by section 30 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
235A Refund entitlements of international students
(1)
A private training establishment must—
(a)
allow every international student enrolled for a programme or training scheme that is of 3 months’ duration or more to withdraw from it at any time within the refund period; and
(b)
refund to every international student who so withdraws, without deduction, at least so much of any payment, or of the sum of any payments, made by the student to the establishment in respect of that programme or training scheme, and, if withdrawal from the programme or scheme also constitutes withdrawal from the establishment as a whole, in respect of enrolment at the establishment, as exceeds the percentage specified in the notice made under section 235B; and
(c)
allow every international student enrolled for a programme or training scheme that is of less than 3 months’ duration to withdraw from it within a period (being less than 7 days) specified by the Authority; and
(d)
refund to every international student who so withdraws a minimum amount or proportion, specified by the Authority, of any payments made by the student to the establishment in respect of the programme or training scheme.
(2)
For the purposes of subsection (1)(c), a programme or training scheme is of less than 3 months’ duration if the period starting on the day on which the programme or scheme starts and ending on the day on which it ends (or is likely to end) is less than 3 calendar months, irrespective of the number of days during that period on which the programme or training scheme is, or is proposed to be, provided.
(3)
When the refund period, in relation to any fees paid by or on behalf of an international student, has expired,—
(a)
the fees paid must continue to be held in trust with the independent trustee and the private training establishment must be paid from the trust in the manner prescribed in the rules made under section 253; or
(b)
the private training establishment may, if the Authority approves, make alternative arrangements in relation to the fees paid.
(4)
In this section, refund period means the period that begins when the student’s fees are paid to the private training establishment (or paid directly to the independent trustee) and ends on the date specified in the notice made under section 235B.
Section 235A: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 235A(4): replaced, on 13 February 2015, by section 21 of the Education Amendment Act 2015 (2015 No 1).
235B Refund requirements set by Gazette notice
(1)
The Minister must specify, by notice in the Gazette, for the purposes of refunds under section 235A,—
(a)
either—
(i)
the end of the period within which an international student may withdraw from a programme or training scheme of 3 months’ duration or more and be entitled to a refund under that section; or
(ii)
a means by which the end of that period may be calculated or ascertained; and
(b)
the maximum percentage of the payment or payments that an establishment may retain; and
(c)
the cost components of the fee total on which the maximum percentage is determined; and
(d)
the expenses or categories of expenses that the establishment must show that it has incurred in relation to an international student in order to deduct the maximum percentage.
(2)
Before giving notice in the Gazette under subsection (1), the Minister must, as the Minister considers appropriate, consult with any 1 or more of the following:
(a)
private training establishments:
(b)
sector and industry representative organisations:
(c)
any other relevant bodies.
(3)
A notice under this section is 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 235B: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 235B(1)(a): replaced, on 13 February 2015, by section 22 of the Education Amendment Act 2015 (2015 No 1).
Section 235B(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
235C Rules apply if students withdraw because of programme or training scheme closure
Any fees paid by or on behalf of any student who withdraws from a programme or training scheme because of the closure of the programme or scheme are subject to the protections set out in the rules made under section 253.
Section 235C: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
235D Ministerial direction to registered private training establishments relating to compulsory student services fees
(1)
For the purpose of ensuring accountability in the use of compulsory student services fees, the Minister may give a registered private training establishment or registered private training establishments a written direction that—
(a)
lists the categories of student services that the establishment or establishments may make available to students:
(b)
requires the establishment or establishments to hold the fees in a specified manner (for example, in a separate account to be used solely for the purpose of expenditure on student services) and, if the fees are to be held in an account, ensure that the account is audited:
(c)
requires the establishment or establishments to establish adequate arrangements for decisions to be made jointly or in consultation with the students enrolled at the establishment, or their representatives, on all or any of the following matters:
(i)
the types of student services that, subject to subsection (2)(a), are to be made available to students:
(ii)
the categories of student services that, subject to subsection (2)(b), are to be made available to students:
(iii)
the maximum amount that students may be charged for the student services that are to be made available (the student services fee):
(iv)
the procurement of student services:
(v)
the method for authorising expenditure on student services:
(d)
requires the establishment or establishments to provide each year to students a written report including the following information:
(i)
a description of the services funded out of the student services fee:
(ii)
a statement of the fee income and expenditure for each type of student service:
(iii)
the student services fee expressed as an amount payable per student:
(iv)
a statement describing how the establishment has complied with any requirement to hold fees in a manner specified in a direction given under paragraph (b):
(e)
requires the establishment or establishments to publish information about the following matters on an Internet site maintained by the establishment:
(i)
the student services fee expressed as an amount payable per student:
(ii)
the arrangements that the establishment has established for decisions to be made jointly or in consultation with students or their representatives in accordance with paragraph (c):
(iii)
how students can participate in the process of joint decision making or consultation mentioned in paragraph (c).
(2)
If the Minister lists under subsection (1)(a) categories of student services that may be made available to students (listed categories),—
(a)
the types of student services described in subsection (1)(c)(i) must fall within the listed categories; and
(b)
the categories of student services described in subsection (1)(c)(ii) must be listed categories.
(3)
A direction given under subsection (1)—
(a)
may include all or any of the things specified in paragraphs (a) to (d) of that subsection:
(b)
must specify when it must be complied with.
(4)
If a registered private training establishment does not comply with a direction given under subsection (1), the Minister may give a written direction to that establishment specifying—
(a)
the types of student services that the establishment may make available to students; and
(b)
the maximum amount that students may be charged for those services; and
(c)
when the direction must be complied with.
(5)
Before giving a direction under subsection (1) or (4), the Minister must,—
(a)
by notice in the Gazette,—
(i)
set out the proposed direction; and
(ii)
invite submissions on it; and
(iii)
state a final date for receipt of submissions (being a date no later than 21 days after the date of the Gazette notice); and
(b)
consider the submissions (if any) on the proposed direction.
(6)
In subsection (1), compulsory student services fees are fees for the provision of student services that a student must pay to a registered private training establishment as a condition of enrolment in a programme or training scheme at the establishment.
Section 235D: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 235D(1)(d): replaced, on 30 March 2018, by section 31 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 235D(1)(e): inserted, on 30 March 2018, by section 31 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Information sharing with other government departments
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
235E Private training establishment to notify immigration officer if student withdraws from programme or training scheme
(1)
A private training establishment must ensure that, within 7 days of the withdrawal of any student from a programme or training scheme at the establishment, an immigration officer (within the meaning of section 4 of the Immigration Act 2009) is given written notice of the name of the student and the programme or training scheme, and the day on which the student withdrew.
(2)
Subsection (1) does not apply to a student if the establishment is satisfied on reasonable grounds that the student is a domestic student.
Compare: 1989 No 80 s 236B
Section 235E: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
235F Disclosure of enrolment information by private training establishments
(1)
In this section, unless the context otherwise requires,—
allowance means an allowance established by regulations made under section 303, or identified by Gazette notice under section 307AB
benefit means jobseeker support under the Social Security Act 2018
chief executive means the chief executive of the department
department means the department for the time being responsible for the administration of the Social Security Act 2018 and for the administration of Part 25 of this Act
specified period means any period specified in a notice under subsection (3)
student loan has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011
student loan scheme has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011.
(2)
The purpose of this section is to facilitate the disclosure of information by governing bodies of private training establishments to the department, in order to verify—
(a)
the entitlement or eligibility of any person to or for any benefit or allowance or student loan; or
(b)
the amount of any benefit or allowance or student loan to which any person is or was entitled or for which any person is or was eligible.
(3)
For the purpose of this section, the chief executive may from time to time, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993), by notice in writing, or electronically, require the institution to supply all or any of the information set out in subsection (4), in respect of people—
(a)
who are (or were in any specified period) enrolled as students at the private training establishment; or
(b)
whose name and date of birth (being the name and date of birth of any person who is, or was during any specified period, receiving a benefit or allowance or student loan) is supplied to the private training establishment by the chief executive, together with the notice.
(4)
A notice under subsection (3) may require the private training establishment to supply the information specified in the notice either immediately or at specified times during the academic year, or both, and in the latter case may require the private training establishment to supply at those times only details of any changes to the information the private training establishment has previously supplied under this section.
(5)
A notice under subsection (3) may include—
(a)
an identification number assigned by the chief executive to any person who is referred to in the notice; or
(b)
an identification number assigned to any such person by the private training establishment; or
(c)
both.
(6)
The details referred to in subsection (3) are—
(a)
their—
(i)
full names and addresses; and
(ii)
dates of birth:
(b)
their identification numbers (being either or both of the identification numbers referred to in subsection (5)):
(c)
details of the education or training in which they are so enrolled, and details of the fees for that education or training:
(d)
if, during the specified period, they enrolled for any such education or training or ceased to be so enrolled or ceased to be enrolled as a student, the details of each such event and the respective dates on which the event occurred:
(e)
details of their academic performance in any such education or training:
(f)
details of their citizenship or residency status in New Zealand:
(g)
details of any allowances granted to them by the private training establishment on behalf of the Secretary in any academic year before the 1999 academic year:
(h)
details reasonably required by the chief executive for the administration of the student loan scheme or for the provision or determination of a benefit or allowance.
(7)
As soon as possible after the time or times specified in a requirement under subsection (3), a private training establishment must supply the information required to the chief executive or any employee or agent of the department authorised by the chief executive to receive such information.
(8)
Information supplied by a private training establishment under subsection (7) must be in a form previously agreed between the private training establishment and the chief executive under the Privacy Act 1993 (or, where they are unable to agree, in a form settled by the Privacy Commissioner appointed under the Privacy Act 1993), and may include coded information.
(9)
Section 104 of the Privacy Act 1993 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in section 226A of this Act, the Commissioner, before seeking a report on any of the matters in section 104(2)(a), (d), or (e) from a private training establishment, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 2018.
Compare: 1989 No 80 s 238B
Section 235F: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 235F(1) benefit: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 235F(1) benefit: amended, on 15 July 2013, by section 114 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Section 235F(1) benefit: amended, on 15 July 2013, by section 129 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
Section 235F(1) benefit: amended, on 20 August 2012, by section 28(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
Section 235F(1) department: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 235F(1) student loan: replaced, on 1 April 2012, pursuant to section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 235F(1) student loan scheme: replaced, on 1 April 2012, pursuant to section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 235F(9): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
236 Offences concerning information requests
(1)
A private training establishment that intentionally fails or refuses to comply with section 235F(7) commits an offence and is liable on conviction to the penalty specified in subsection (3).
(2)
A private training establishment commits an offence and is liable on conviction to the penalty specified in subsection (3) if, in response to any requirement to supply information under section 235F(7), the establishment intentionally—
(a)
makes a false or misleading statement; or
(b)
makes a statement from which any material matter has been omitted; or
(c)
provides any false or misleading paper, document, or record; or
(d)
provides a paper, document, or record from which any material matter has been omitted.
(3)
The maximum penalty for an offence against subsection (1) or (2) is a fine not exceeding $5,000, and, if the offence is a continuing one, a fine not exceeding $500 for each day the offence continues.
Compare: 1989 No 80 s 238C
Section 236: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 236(1): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
Section 236(2): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
236AA Conditions on registration
[Repealed]Section 236AA: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Student records
Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
236A Duties of private training establishments to maintain student records
(1)
Every private training establishment must—
(a)
keep accurate enrolment and academic records for each student enrolled in—
(i)
a programme or training scheme provided by the establishment; or
(ii)
standards-based study or training provided by the establishment through a consent to assess against standards granted under section 252; and
(b)
comply with rules made under section 253(1)(n) in respect of those records; and
(c)
ensure that the enrolment records required to be kept under this section are up to date; and
(d)
ensure that the enrolment records are readily available, upon request, to—
(i)
the Authority:
(ii)
Immigration New Zealand:
(iii)
the administrator of the code (within the meaning of Part 18A):
(iv)
the department for the time being responsible for the administration of the Social Security Act 2018 and for the administration of Part 25 of this Act:
(v)
Public Trust, if it is approved as an independent trustee for the private training establishment.
(2)
If a private training establishment closes, the establishment must, in respect of each student, forward his or her records kept under this section to the student’s new education provider, or to the student if there is no new education provider.
Section 236A: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Section 236A(1)(a): replaced, on 13 February 2015, by section 23 of the Education Amendment Act 2015 (2015 No 1).
Section 236A(1)(d)(iv): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
236AB Refund requirements set by Gazette notice
[Repealed]Section 236AB: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
236B Establishment to notify immigration officer if student withdraws from course
[Repealed]Section 236B: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
236C Fees for domestic students must not exceed maximums set in conditions of funding
[Repealed]Section 236C: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
237 Cancellation of registration
[Repealed]Section 237: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
238 Notice
[Repealed]Section 238: repealed, on 1 January 2003, by section 25(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
238A Grants to private training establishments
[Repealed]Section 238A: repealed, on 1 January 2004, by section 26 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
238B Disclosure of enrolment information by private training establishments
[Repealed]Section 238B: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
238C Offences concerning information requests
[Repealed]Section 238C: repealed, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).
Part 18A Pastoral care of students
Part 18A: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238D Interpretation
In this Part, unless the context otherwise requires,—
code means a code of practice issued under section 238G
code administrator means the person or agency appointed under section 238H(1)
domestic tertiary student means an individual—
(a)
who is—
(i)
a New Zealand citizen; or
(ii)
the holder of a residence class visa granted under the Immigration Act 2009 who satisfies the criteria (if any) prescribed by regulations made under section 2(4); or
(iii)
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; and
(b)
who is a tertiary student enrolled at an institution or a registered establishment
DRS operator means a person or an agency appointed under section 238M(4)(a)
DRS rules means the rules made under section 238P
international student means an individual who is not a domestic student
provider means a person or body that is,—
(a)
in respect of international students, a registered school, an institution, or a registered establishment; or
(b)
in respect of domestic tertiary students, an institution or a registered establishment
serious harm, in relation to a domestic tertiary student or an international student, means an event or circumstances that seriously and detrimentally affect the ongoing welfare of the student, including (but not limited to) physical injury, physical illness, or mental illness
signatory provider means a provider that is a signatory to a code issued under section 238G(1)(b) or (c)
student accommodation means premises that are exempt under section 5B of the Residential Tenancies Act 1986
student claimant, in relation to a provider or signatory provider, means a person who—
(a)
is a domestic tertiary student or an international student enrolled by the provider or signatory provider; or
(b)
is a former domestic tertiary student or international student enrolled by the provider or signatory provider; or
(c)
intends to be, or is in the process of being, enrolled by the provider or signatory provider as a domestic tertiary student or an international student
student contract dispute resolution scheme or DRS means the student contract dispute resolution scheme established by section 238M.
Section 238D: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Enrolment of international students
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238E Signatory providers may enrol persons as international students
(1)
A provider may enrol a person as an international student or continue to have an international student enrolled, as long as the provider is a signatory provider.
(2)
A provider may not enrol a person as an international student or continue to have an international student enrolled, or provide educational instruction for the person, if the provider—
(a)
is not a signatory provider; or
(b)
is removed as a signatory provider under section 238L; or
(c)
ceases to be a signatory provider for any other reason provided in the code.
(3)
A provider or signatory provider that is subject to a sanction under section 238L(1) may continue to have international students enrolled and may provide educational instruction to those students, but only to the extent permitted by the sanction.
Section 238E: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238EA Obligation on provider to enrol person as international student
[Repealed]Section 238EA: repealed, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238F Providers must enrol persons as international students in certain circumstances
A provider must enrol a person as an international student if the person is not a domestic student and the provider—
(a)
provides the person with educational instruction for more than 2 weeks; or
(b)
accepts tuition fees from the person.
Section 238F: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238FA Appointment of code administrator
[Repealed]Section 238FA: repealed, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238FB Code administrator may issue compliance notices
[Repealed]Section 238FB: repealed, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238FC Signatory providers to comply with compliance notices
[Repealed]Section 238FC: repealed, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Pastoral care of domestic and international students
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238G Pastoral care codes of practice
(1)
The Minister may issue—
(a)
a code that provides a framework for the pastoral care of domestic tertiary students:
(b)
a code that provides a framework for the pastoral care of international students:
(c)
a code that provides a framework for the pastoral care of domestic tertiary students and international students.
(2)
The purpose of a code—
(a)
in respect of domestic tertiary students is to support the Government’s objectives for the education of domestic tertiary students by—
(i)
requiring providers to take all reasonable steps to maintain the well-being of domestic tertiary students; and
(ii)
ensuring, so far as is possible, that domestic tertiary students have a positive experience that supports their educational achievement:
(b)
in respect of international students is to support the Government’s objectives for international education by—
(i)
requiring providers to take all reasonable steps to protect international students; and
(ii)
ensuring, so far as is possible, that international students have in New Zealand a positive experience that supports their educational achievement.
(3)
The scope of a code—
(a)
in respect of domestic tertiary students is to prescribe, alongside other quality assurance prescribed by this Act,—
(i)
outcomes sought from providers for their domestic tertiary students; and
(ii)
key processes required of providers to support the well-being, achievement, and rights of domestic tertiary students:
(b)
in respect of international students is to prescribe, alongside other quality assurance prescribed by this Act,—
(i)
outcomes sought from providers for their international students; and
(ii)
key processes required of providers to support the well-being, achievement, and rights of international students.
(4)
Without limiting subsections (1) to (3), a code may include provisions for 1 or more of the following purposes:
(a)
despite anything in the Public Finance Act 1989, requiring providers to indemnify the code administrator:
(b)
providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
(5)
Before issuing a code, the Minister must consult—
(a)
those parties that the Minister considers likely to be affected by the code, including representatives of students, parents, providers, signatory providers, and the staff of providers and signatory providers; and
(b)
the Privacy Commissioner.
(6)
A code—
(a)
in respect of domestic tertiary students is binding on all providers:
(b)
in respect of international students is binding on all signatory providers.
(7)
A code—
(a)
may make different provisions in relation to students under the age of 18 years and in relation to students aged 18 years or over:
(b)
must be published on an Internet site maintained by or on behalf of the Ministry:
(c)
is a disallowable instrument, but is not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Compare: 2015 No 70 s 191(4)
Section 238G: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238H Code administrators
(1)
The Minister may, by notice in the Gazette, appoint a person or an agency to be responsible for—
(a)
administering—
(i)
the code for domestic tertiary students:
(ii)
the code for international students:
(iii)
the code for domestic tertiary students and international students; and
(b)
administering 2 or more of the codes.
(2)
When appointing a code administrator, the Minister must have regard to the knowledge, skills, or experience of the person or agency.
(3)
The functions of the code administrator are,—
(a)
in the case of international students,—
(i)
to receive applications from providers seeking to become signatory providers; and
(ii)
to assess those applications against—
(A)
the criteria stated in a code; and
(B)
the purpose stated in section 238G(2) and the scope stated in section 238G(3); and
(iii)
to allow or decline to allow applicants to become signatory providers in accordance with those assessments; and
(b)
in the case of domestic tertiary students and international students,—
(i)
to monitor and investigate the extent to which providers comply with a code—
(A)
following a process prescribed by a code; and
(B)
in close collaboration with education quality assurance authorities; and
(ii)
to issue to providers notices under section 238I or 238J; and
(iii)
to impose on providers sanctions for breaches of a code and failure to comply with notices under section 238I or 238J.
(4)
A code administrator may allow an applicant to become a signatory provider unconditionally, or subject to any written conditions made known to the applicant at the time the code administrator informs the applicant that the applicant is allowed to become a signatory provider.
(5)
A code administrator may, in accordance with the requirements of the applicable code,—
(a)
enter any student accommodation and inspect the premises and facilities:
(b)
inspect, and make and remove copies of, any information relating to the management of the student accommodation:
(c)
ask any person at any student accommodation to make or provide statements, in whatever form or manner is reasonable in the circumstances, about any matter relating to the safety of students who board at the student accommodation.
(6)
A code administrator may exercise the powers in subsection (5) only for the purposes of monitoring or investigating compliance with the relevant code.
(7)
A code administrator may not enter or inspect the room or sleeping area of a student accommodated at any student accommodation unless—
(a)
the code administrator believes on reasonable grounds that the entry or inspection is necessary for the purposes specified in subsection (6); and
(b)
the code administrator gives the student at least 24 hours’ written notice of the intended entry or inspection that explains the purpose of the entry or inspection; and
(c)
the student consents to the entry or inspection, and the student is present during the entry or inspection if being present is a condition of the consent.
(8)
Subsection (7)(c) does not apply if obtaining the student’s consent is unreasonable in the circumstances.
(9)
A code administrator may, with the Minister’s prior written approval and subject to any conditions that the code administrator or the Minister thinks fit, delegate any or all of the functions, duties, and powers specified in this section to another person or agency (having regard to their knowledge, skills, or experience).
Section 238H: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Compliance
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238I Quality improvement notices
(1)
A code administrator may issue a quality improvement notice to a provider that requires the provider to do, or refrain from doing, a particular thing in relation to the provider’s obligations under a code.
(2)
The notice must—
(a)
set out any concerns the administrator has about the provider’s systems, practices, training, or procedures; and
(b)
specify the time within which the provider is expected to address the administrator’s concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and
(c)
specify the possible consequences of a failure to comply with a quality improvement notice.
(3)
The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.
(4)
The code administrator may, before the expiry of the time or period referred to in subsection (2)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with.
Compare: 1992 No 55 s 11C
Section 238I: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238J Compliance notices
(1)
A code administrator may issue a compliance notice to a signatory provider that requires the signatory provider to do, or refrain from doing, a particular thing in relation to—
(a)
the signatory provider’s obligations as a signatory to a code; or
(b)
the signatory provider’s conditions of approval as a signatory to a code.
(2)
A notice under subsection (1) may specify the manner in which a thing must be done or the manner in which the consequences of a thing must be rectified.
(3)
The notice must be in writing and must—
(a)
state the date on which it is issued; and
(b)
if it requires the signatory provider to take any action, state a time on or before which, or a period within which, the signatory provider must take the action; and
(c)
state the consequences or possible consequences of non-compliance with the notice.
(4)
The code administrator may publish the notice, or a summary of it, in a manner designed to give public notice of it.
(5)
The code administrator may, before the expiry of the time or period referred to in subsection (3)(b), extend the time or period, and in that case the time or period as extended becomes the time or period within or during which the notice must be complied with.
Section 238J: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238K Providers and signatory providers to comply with notices
(1)
A provider must comply with a quality improvement notice issued under section 238I.
(2)
A signatory provider must comply with a compliance notice issued under section 238J.
(3)
If, in a code administrator’s opinion, a provider or signatory provider does not comply with the relevant notice, the code administrator may (as the code administrator sees fit) impose sanctions against the provider or signatory provider under section 238L.
(4)
The code administrator may not act under subsection (3) until the later of the following:
(a)
10 working days after the date on which the quality improvement notice or compliance notice was issued:
(b)
the expiry of any time or period of a kind referred to in section 238I(2)(b) or 238J(3)(b).
(5)
This section and sections 238I and 238J do not limit or affect section 238L.
Section 238K: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238L Sanctions for breach of code
(1)
If satisfied that a provider or signatory provider has breached the relevant code or failed to comply with a notice under section 238I or 238J, a code administrator may,—
(a)
in the case of signatory providers, impose new, or amend or revoke any existing, conditions on the signatory provider’s approval as a signatory provider:
(b)
in the case of providers and signatory providers, impose limitations on the provider’s or the signatory provider’s power to enrol students.
(2)
If satisfied that a signatory provider has not complied with a sanction imposed under subsection (1) or a notice under section 238I or 238J, a code administrator may remove the signatory provider as a signatory provider.
Section 238L: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Dispute resolution
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238M Student contract dispute resolution scheme established
(1)
This section establishes a student contract dispute resolution scheme (the DRS).
(2)
The purpose of the DRS is to resolve contractual and financial disputes between students (and former and prospective students) and providers or signatory providers.
(3)
Every provider or signatory provider that enrols, intends to enrol, or has enrolled students is subject to and must (in relation to any contractual or financial dispute with a student or a former or prospective student) comply with the rules of the DRS prescribed under section 238P.
(4)
The Minister—
(a)
may, by notice in the Gazette, appoint 1 or more persons or agencies to be responsible for administering the DRS; and
(b)
must take reasonable steps to ensure that there is at all times a person or an agency appointed to be responsible for administering the DRS; and
(c)
may impose any conditions on the appointment that the Minister thinks fit.
(5)
A student claimant may lodge with the DRS operator for resolution under the DRS any contractual or financial dispute with a provider or signatory provider, but only if—
(a)
the provider or signatory provider has been given an opportunity to resolve the dispute, but the student claimant is not satisfied with the process, or outcome, or both; or
(b)
the provider or signatory provider—
(i)
has not tried to resolve the dispute; or
(ii)
has refused to try to do so.
(6)
However, a student may not lodge a dispute for resolution under subsection (5) later than 7 years after the date of the act or omission on which the dispute is based.
(7)
The resolution of a dispute is binding on all parties to the dispute if—
(a)
it is the outcome of an adjudication of the dispute by or on behalf of the DRS operator; or
(b)
it is produced by a mediation undertaken by or on behalf of the DRS operator whose outcome the parties to the dispute have agreed will be binding.
(8)
The DRS operator—
(a)
may charge fees to a student claimant or the provider concerned, or both, according to the rules of the DRS prescribed under section 238P; but
(b)
(despite those rules) may in its absolute discretion partially or completely exempt any person, or persons of a particular description, from the payment of fees.
Section 238M: replaced, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238N Cap on amount to be paid
In resolving any dispute, the DRS operator—
(a)
may not require a provider or signatory provider to pay to a student claimant in relation to any particular claim any amount exceeding $200,000; but
(b)
may charge the provider fees in addition to any amount required to be paid.
Section 238N: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238O District Court to enforce DRS
(1)
The District Court may,—
(a)
on the application of a student claimant or the DRS operator, make an order requiring a provider or signatory provider to comply with the rules of the DRS or to give effect to any resolution that is binding under section 238M(7); or
(b)
on the application of the provider or signatory provider or the DRS operator, make an order requiring a student claimant to give effect to any resolution that is binding under section 238M(7).
(2)
If an order (or part of an order) requiring the provider or signatory provider to comply with the resolution requires the provider or signatory provider to pay any sum of money to any person, that order (or part) may be enforced as if it were a judgment by the District Court for the payment of that sum of money to that person.
(3)
If the District Court is satisfied that the terms of the resolution of a dispute by the DRS operator are manifestly unreasonable, the court may modify the resolution before giving effect to it.
(4)
Subsection (3) overrides subsections (1) and (2) and section 238M(7).
Section 238O: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238P Rules of student contract dispute resolution scheme
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make rules for the functioning and administration of the DRS.
(2)
Before recommending that an order be made, the Minister must consult any relevant bodies and sector representatives that the Minister thinks appropriate.
(3)
The rules may prescribe fees, or a means by which fees can be calculated or ascertained.
Section 238P: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Export education levy
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238Q Export education levy
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing an export education levy on signatory providers who receive tuition fees from international students enrolled with them.
(2)
Without limiting subsection (1), regulations made under this section must—
(a)
prescribe the amount or the method for calculating the amount (or both) of export education levy payable by individual signatory providers, and may prescribe different amounts, or different methods of calculating the amounts, payable by different classes of signatory provider; and
(b)
prescribe when the levy, or any part of the levy, is payable; and
(c)
designate an agency to administer the levy and, if that agency is the Ministry, the regulations may authorise the Ministry to delegate all or specified aspects of the levy’s collection and use to another body; and
(d)
require a signatory provider to supply, on request by the agency responsible for the administration of the levy, information about student numbers or any other matter that is necessary to determine or verify the amount of levy payable by the signatory provider.
(3)
Before recommending that an order be made, the Minister must consult signatory providers.
Section 238Q: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238R How export education levy may be applied
(1)
Export education levy funds may be applied for the following purposes:
(a)
the development, promotion, and quality assurance of the export education sector, which may include (without limitation)—
(i)
professional and institutional development; and
(ii)
marketing; and
(iii)
implementation of scholarship schemes; and
(iv)
research, and resource development; and
(v)
support (financial or otherwise) of other bodies engaged in the development, promotion, or quality assurance of the export education sector:
(b)
the making of payments as set out in subsections (2) and (3):
(c)
the administration and audit of the code in respect of international students:
(d)
the funding of the cost of the operation of the DRS established by section 238M that is attributable to international students:
(e)
the general administration of the levy and associated purposes.
(2)
Subsection (3) applies if—
(a)
an international student is or was enrolled with a private training establishment or a private school for a course of study or training; and
(b)
at the time of the international student’s enrolment, the private training establishment held a current registration under Part 18, or the private school held a current registration under section 35A; and
(c)
the private training establishment or private school has not, cannot, or will not provide, in whole or in part, the course of study or training.
(3)
If this subsection applies, the levy funds may be used for any of the following purposes:
(a)
to make payment to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment or private school in respect of the student’s course of study or training if, and to the extent that,—
(i)
the private training establishment or private school has not refunded the tuition fees or other payment; and
(ii)
the agency responsible for the administration of the levy approves the reimbursement of the student as necessary and appropriate in the circumstances:
(b)
with the approval of the Minister, to reimburse the Crown for any sum provided by the Crown and paid to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any other payment made by or on behalf of that student to the private training establishment or private school in respect of the student’s course of study or training if, and to the extent that,—
(i)
the private training establishment or private school had not refunded the tuition fees or other payment; and
(ii)
the agency responsible for the administration of the levy approved the reimbursement of the student as necessary and appropriate in the circumstances:
(c)
with the approval of the Minister, to reimburse, in whole or in part, the agency responsible for the administration of the levy, or any Crown entity, for—
(i)
costs incurred by that agency or Crown entity in placing the student with an alternative provider; or
(ii)
other costs incurred by that agency or Crown entity as a direct result of the private training establishment or private school not providing the course of study or training.
(4)
Levy funds must be kept in a separate bank account that is used only for the purposes of the levy.
(5)
As soon as practicable after 1 July in each year, the agency responsible for the administration of the levy must present to the Minister an annual report on the administration of the levy, which must include audited financial statements prepared in accordance with generally accepted accounting practice, and the Minister must present a copy of the report to the House of Representatives.
(6)
The amount of levy payable by a provider under regulations made under this section is a debt due to the Crown and may be recovered in any court of competent jurisdiction.
Section 238R: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Offences and penalties
Heading: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238S Offence relating to breach of code resulting in serious harm to or death of students
(1)
A provider or signatory provider commits an offence if—
(a)
the provider or signatory provider, without reasonable excuse, breaches the applicable code; and
(b)
the breach results in serious harm to or the death of 1 or more of its students.
(2)
A provider who commits an offence against this section is liable on conviction to a fine not exceeding $100,000.
Section 238S: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238T Pecuniary penalty relating to breach of code
(1)
On the application of a code administrator, a court may order a provider or signatory provider to pay to the Crown any pecuniary penalty that the court determines to be appropriate if the court is satisfied that the provider or signatory provider has, without reasonable excuse, committed a serious breach of the applicable code.
(2)
The amount of any pecuniary penalty may not exceed $100,000.
Section 238T: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
238U Relationship between offences and penalties
(1)
Once criminal proceedings against a provider or signatory provider for an offence under section 238S are determined, a court may not order the provider or signatory provider to pay a pecuniary penalty under section 238T in respect of the conduct, events, transactions, or other matters that were the subject of the criminal proceedings.
(2)
Once civil proceedings against a provider or signatory provider for a pecuniary penalty under section 238T are determined, the provider or signatory provider may not be convicted of an offence under section 238S in respect of the conduct, events, transactions, or other matters that were the subject of the civil proceedings.
(3)
Any uncompleted proceedings for an order under this Act that a provider or signatory provider pay a pecuniary penalty must be stayed if criminal proceedings are started or have already been started against the provider or signatory provider for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought.
Compare: 1986 No 5 s 79B
Section 238U: inserted, on 20 December 2019, by section 4 of the Education (Pastoral Care) Amendment Act 2019 (2019 No 78).
Part 19 Vice-Chancellors Committee
Part 19: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
239 Definitions
In this Part and Schedule 14, unless the context otherwise requires,—
Committee means the New Zealand Vice-Chancellors Committee
member means a member of the Committee.
Section 239: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
240 Establishment of Committee
(1)
A committee to be known as the New Zealand Vice-Chancellors Committee is established.
(2)
The Committee is the same body as the Vice-Chancellors Committee that was established immediately before the commencement of this section under section 46 of the Universities Act 1961 but shall be constituted in accordance with this section.
(3)
The Committee consists of the Vice-Chancellors of such of the institutions as are universities.
(4)
If an office of Vice-Chancellor of a university is vacant, the person for the time being acting in that office shall be deemed to be the Vice-Chancellor of that university for the purposes of this Act.
(5)
The Committee is a body corporate with perpetual succession and a common seal; and is capable of—
(a)
holding real and personal property; and
(b)
suing and being sued; and
(c)
otherwise doing and suffering all that bodies corporate may lawfully do and suffer.
(6)
Sections 153 to 156 of the Crown Entities Act 2004 apply to the Committee as if it were a Crown entity within the meaning of that Act.
(7)
Schedule 14 applies to the Committee.
Section 240: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
Section 240(6): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
241 Functions of Committee
The functions of the Committee are—
(a)
to set up inter-university course approval and moderation procedures:
(b)
to exercise in relation to universities in accordance with section 253A the powers of the Qualifications Authority under sections 249 to 251C, 254A(2)(b), and 255:
(ba)
to list university qualifications on the Qualifications Framework:
(c)
to grant scholarships to students enrolled or proposing to enrol at universities out of money under its control on such terms as the Committee considers appropriate:
(d)
where another body has power to grant such scholarships—
(i)
to make recommendations to the person or authority having power to make appointments to that body as to the persons who should be appointed:
(ii)
if authorised to do so, to make appointments to that body:
(iii)
if requested by that body to do so, to advise that body on the grant of such scholarships:
(e)
to make recommendations to the Qualifications Authority on criteria for entrance to universities for the purposes of the performance by that Authority of its functions under section 257:
(f)
if requested by the councils of the universities to do so, to consider applications by foreign students for enrolment at any of those universities and make recommendations to the councils in respect of those applications:
(g)
to liaise with the councils of institutions other than universities in respect of procedures for enrolling foreign students:
(h)
to issue certificates relating to degrees and other academic qualifications and courses of, or examinations conducted by, the University of New Zealand as if that University had continued in existence and to charge such reasonable fees for the certificates as the Committee determines:
(i)
to perform any other functions conferred on it by this Act or any other enactment.
Section 241: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
Section 241(b): replaced, on 30 August 2011, by section 37 of the Education Amendment Act 2011 (2011 No 66).
Section 241(ba): inserted, on 30 August 2011, by section 37 of the Education Amendment Act 2011 (2011 No 66).
242 Powers of Committee
The Committee has—
(a)
the powers given to it by this Act or any other enactment; and
(b)
all other powers reasonably necessary to enable it to perform its functions efficiently and effectively.
Section 242: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
243 Devolution of certain property
(1)
Upon the commencement of this section, all real and personal property that immediately before that commencement was vested in the University Grants Committee upon trust or as an endowment for any scholarship or any other purpose by virtue of section 52(1) of the Universities Act 1961 or otherwise is, by force of this subsection, vested in the Vice-Chancellors Committee for a like purpose.
(2)
All real and personal property that, under any will or trust instrument would have vested in the University of New Zealand for any purpose after the commencement of this section if the University of New Zealand had continued in existence shall, unless the will or trust instrument expressly provides for the eventuality of the University of New Zealand not being in existence, vest in the Committee for a like purpose.
(3)
All real and personal property that under any will or trust instrument would have vested in the University Grants Committee for any purpose after the commencement of this section if the University Grants Committee had continued in existence shall, unless the will or trust instrument expressly provides for the eventuality of the University Grants Committee not being in existence, vest in the Vice-Chancellors Committee for a like purpose.
(4)
Where any land vests in the Committee under this section, the Registrar-General of Land, on the deposit with him or her of such plans and documents as he or she requires, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of this section.
(5)
The Committee may transfer any real or personal property that vests in the Committee under this section for a particular purpose to any university for a like purpose and, if any property is so transferred, no tax is payable in respect of the transaction.
Section 243: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
Section 243(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).
Section 243(5): amended, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).
244 Taxes and duties in relation to Vice-Chancellors Committee
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the University Grants Committee and the Vice-Chancellors Committee shall be deemed to be the same person with effect on and from the date on which real and personal property of the University Grants Committee so vests in the Vice-Chancellors Committee pursuant to section 243(1); and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which real and personal property of the University Grants Committee so vests in the Vice-Chancellors Committee, all transactions entered into by, and acts of, the University Grants Committee in relation to that property before the vesting effected by section 243(1) shall be deemed to have been entered into by, or to be those of, the Vice-Chancellors Committee and to have been entered into or performed by the Vice-Chancellors Committee at the time when they were entered into or performed by the University Grants Committee.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by the University Grants Committee in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 243(1) shall, if the shares vest under that section in the Vice-Chancellors Committee, be treated as having been acquired by the Vice-Chancellors Committee at the time when they were acquired by the University Grants Committee.
(3)
The vesting of real and personal property of the University Grants Committee in the Vice-Chancellors Committee pursuant to section 243(1) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 244: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
Section 244(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 244(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 244(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 244(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 244(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 244(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 244(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
245 General saving of statutes, etc, of University of New Zealand
All statutes, regulations, rulings, and decisions, and all other acts of authority, of the Senate of the University of New Zealand or any committee or board of that Senate or University or of the Chancellor or Vice-Chancellor or any officer of that University, so far as they were subsisting immediately before the commencement of this section by virtue of section 53(1) of the Universities Act 1961 and are capable of application to the Vice-Chancellors Committee, apply to that Committee except so far as they are repealed, replaced, or amended by any enactment, or by regulations, rulings, decisions, or other acts of authority of that Committee under powers conferred by this Act or any other enactment.
Section 245: inserted, on 23 July 1990, by section 41 of the Education Amendment Act 1990 (1990 No 60).
Part 20 New Zealand Qualifications Authority
Part 20: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Interpretation
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
246 Interpretation
In this Part, unless the context otherwise requires,—
Authority means the Qualifications Authority
chief executive means the chief executive of the Authority
member means a member of the Authority
relevant school means—
(a)
a secondary school (as that term is defined in section 2(1)); or
(b)
a composite school (as that term is defined in section 2(1)); or
(ba)
[Repealed](c)
a school that is registered under section 35A, but does not include any school registered under that section only as a primary school (as that term is defined in section 2(1)); or
(d)
a special school (as that term is defined in section 2(2), except that a special school is not deemed to be a primary school for the purposes of this Part, despite the proviso to section 98(1) of the Education Act 1964)
rules means rules made under section 253.
Section 246: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 246 relevant school paragraph (ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Functions of Qualifications Authority
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
246A Functions of Authority
(1)
The Authority has the following functions:
(a)
to oversee the setting of standards for qualifications in relevant schools and in tertiary education:
(b)
to monitor and regularly review, and advise the Minister on, the standards for qualifications in relevant schools and in tertiary education, either generally or in relation to a particular organisation (within the meaning of section 159B) or a particular programme or training scheme:
(c)
to maintain mechanisms for the recognition of learning (for example, the recognition of learning through qualifications gained and standards met):
(d)
to maintain the Qualifications Framework and Directory of Assessment Standards:
(da)
to monitor, through the exercise of its powers under this Act, compliance by workforce development councils with the prescribed quality assurance requirements, and to address non-compliance:
(db)
to monitor the quality and results of a workforce development council’s systems and procedures for its moderation activities:
(e)
to make rules, not inconsistent with this Act, under any provision of this Part that empowers the Authority to make rules:
(f)
to ensure there are mechanisms in place to guarantee that relevant schools and tertiary education providers that provide programmes or training schemes that, in the view of the Authority, require national consistency have assessment and moderation procedures that are fair, equitable, and consistent, and comply with the appropriate standards:
(g)
to assist overseas governments, and agencies of those governments, by—
(i)
conducting examinations and assessments:
(ii)
approving programmes and training schemes:
(iii)
granting accreditations for the provision of approved programmes:
(iv)
assisting governments and agencies to develop and conduct examinations, and to develop and confer awards:
(h)
to maintain effective liaison with overseas certifying and validating bodies, in order to recognise overseas educational and vocational qualifications in New Zealand and to achieve recognition overseas of New Zealand educational and vocational qualifications:
(i)
to ensure that post-school educational and vocational qualifications maintain international comparability:
(j)
to promote and monitor the delivery of inter-institutional programmes and training schemes:
(k)
any other functions that are conferred on it by this Act or any other enactment.
(2)
The Authority may consult any persons, authorities, and bodies as it considers appropriate for the purposes of performing any of its functions.
Compare: 1989 No 80 s 253
Section 246A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 246A(1)(da): inserted, on 1 April 2020, by section 56 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 246A(1)(db): inserted, on 1 April 2020, by section 56 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 246A(1)(f): amended, on 13 June 2013, by section 33 of the Education Amendment Act 2013 (2013 No 34).
247 Certain functions of Authority in relation to entrance to universities
(1)
In addition to its other functions, the Authority has,—
(a)
in relation to the rights of people who have not attained the age of 20 years to obtain entrance to universities, the function of establishing and maintaining by any means that it considers appropriate a common educational standard as a prerequisite for entrance to a university, other than provisional entrance and entrance ad eundem statum; and
(b)
the function of consulting the universities as to the criteria to be established for provisional entrance, or entrance ad eundem statum, to universities.
(2)
A person who is refused provisional entrance or entrance ad eundem statum to a university on grounds relating to the person’s educational qualifications may appeal to the Authority against the refusal.
(3)
The Authority must consider the appeal and,—
(a)
if it is satisfied that the person meets the criteria established by the universities, as mentioned in subsection (1)(b), must allow the appeal and direct the council of the university concerned to admit the person as a student and, where appropriate, to grant the person such status as the Authority determines; or
(b)
if it is not so satisfied, must dismiss the appeal.
(4)
The council of a university must comply with a direction given to it by the Authority under subsection (3)(a).
(5)
Before establishing standards for entrance to universities, the Authority must consult the council of each university and the Vice-Chancellors Committee.
Compare: 1989 No 80 s 257
Section 247: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
New Zealand Qualifications Framework
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
248 New Zealand Qualifications Framework
(1)
The New Zealand Qualifications Framework—
(a)
consists of all qualifications that have been approved and listed by the Authority in accordance with the rules made under section 253; and
(b)
includes the rules relating to the Qualifications Framework made under that section.
(2)
The Authority—
(a)
must list on the Qualifications Framework all qualifications that it has approved in accordance with the rules:
(b)
may, in accordance with the rules, amend, add to, remove, or alter the status of any qualification on the framework.
(3)
If a qualification is removed from the Qualifications Framework,—
(a)
any programme approval held by an institution in respect of the qualification lapses; and
(b)
any accreditation granted to an institution in respect of the qualification lapses.
(4)
To avoid doubt, qualifications includes university qualifications.
Section 248: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Directory of Assessment Standards
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
248A Directory of Assessment Standards
(1)
In this section, institution includes institutions, government training establishments, registered establishments, relevant schools, and other bodies.
(2)
The Directory of Assessment Standards consists of all standards approved by the Authority for use by institutions as standards for the assessment of students.
(3)
An application to have standards listed on the Directory—
(a)
may only be made by an approved standard-setting body; and
(b)
must be made in accordance with the rules.
Section 248A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
248B Standard-setting bodies
(1)
An approved standard-setting body includes—
(a)
a workforce development council established under section 479; and
(b)
the Ministry of Education; and
(c)
the Authority; and
(d)
any other body approved by the Authority under subsection (3).
(2)
A body may apply, in accordance with the rules, to the Authority for approval as a standard-setting body.
(3)
In deciding whether to approve a standard-setting body, the Authority must apply the criteria set out in the rules, and must be satisfied that the applicant is able to—
(a)
draft standards that meet the requirements in the rules; and
(b)
manage consistency across New Zealand in learning outcomes in the relevant subject areas; and
(c)
carry out national moderation of assessment of students.
Section 248B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 248B(1)(a): replaced, on 1 April 2020, by section 57 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Approval of programmes
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
249 Approval of programmes
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, or other body.
(2)
An institution may apply to the Authority for approval of a programme.
(3)
The Authority—
(a)
may grant or refuse to grant approval of the programme to the applicant; and
(b)
is required only to consider the programme as a whole; and
(c)
must give the applicant written notice of its decision to grant or refuse approval; and
(d)
may grant approval without limitation as to time or for a specified period.
(4)
If 2 or more institutions have prepared a programme together, they may make a joint application for approval of the programme.
(5)
If the Authority considers that there may be grounds for withdrawing approval of a programme,—
(a)
the Authority must give written notice to the institution concerned stating the grounds on which the Authority is considering withdrawing approval; and
(b)
the Authority must give the institution a reasonable time (as specified in the notice) to make submissions on the matter; and
(c)
after considering those submissions, the Authority—
(i)
may withdraw approval if it considers there are reasonable grounds to do so; and
(ii)
must notify the institution of the withdrawal (if any) and the reasons for it.
(6)
The Authority may withdraw approval of a programme at the written request of the institution concerned.
(7)
This section—
(a)
is subject to section 253A:
(b)
does not limit the Authority’s power to withdraw an approval under section 255(7):
(c)
does not apply to secondary school qualifications.
Section 249: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 249(1): amended, on 1 April 2020, by section 58 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
249A Conditions on programme approvals
(1)
Every programme approval is subject to the condition that the institution will at all times comply with the relevant rules, except to the extent that the Authority exempts the institution, by a condition on the approval, from compliance.
(2)
When approving a programme, the Authority may impose conditions on the approval that are specific to the programme or to a class of programmes.
(3)
The Authority may at any time, with the agreement of the institution that holds the programme approval,—
(a)
impose new conditions on the approval; or
(b)
amend or revoke any existing conditions.
(4)
The Authority may, without the agreement of the institution, impose conditions on a programme approval, or amend or revoke any existing conditions, but only if the Authority has first—
(a)
given written notice to the institution of its intentions; and
(b)
given the institution a reasonable opportunity to respond to the notice; and
(c)
considered any submissions made by the institution in response to the notice.
(5)
When conditions are imposed, amended, or revoked, the Authority must give notice in writing to the institution that holds the approval of the new, amended, or revoked conditions.
Section 249A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Accreditation to provide approved programmes
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
250 Accreditation to provide approved programmes
(1)
In this section, institution means an institution, government training establishment, registered establishment, or relevant school.
(2)
An institution must not offer or provide all or part of an approved programme unless the institution is granted accreditation to provide the programme or part of the programme.
(3)
An institution may apply to the Authority for a grant of accreditation to provide all or part of a programme.
(4)
If the programme for which accreditation is sought incorporates standards from the Directory of Assessment Standards, the applicant must obtain consent to assess against those standards.
(5)
The Authority—
(a)
may grant or refuse to grant accreditation to the institution to provide all or part of the programme; and
(b)
must give the institution written notice of its decision to grant or refuse accreditation; and
(c)
may grant accreditation without limitation as to time or for a specified period.
(6)
This section—
(a)
does not apply to any secondary school qualification or class of secondary school qualification that the Authority exempts, by notice in the Gazette, from the application of this section:
(b)
[Repealed](c)
is subject to section 253A.
Compare: 1989 No 80 s 261
Section 250: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 250(6)(b): repealed, on 1 April 2020, by section 59 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
250A Conditions on accreditation
(1)
Every accreditation is subject to the condition that the institution will at all times comply with the relevant rules made under section 253, except to the extent that the Authority exempts the institution, by a condition on the accreditation, from compliance.
(2)
When granting accreditation to an institution to provide an approved programme, the Authority may impose conditions on the accreditation that are—
(a)
specific to the programme or a particular class of programmes; or
(b)
specific to the institution or a particular class of institutions.
(3)
The Authority may at any time, with the agreement of the accredited institution, impose new conditions on the accreditation and may amend or revoke any existing conditions.
(4)
The Authority may, without the agreement of the institution, impose conditions on an accreditation, or amend or revoke any existing conditions, but only if the Authority has first—
(a)
given written notice to the institution of its intentions; and
(b)
given the institution a reasonable opportunity to respond to the notice; and
(c)
considered any submissions made by the institution in response to the notice.
(5)
When conditions are imposed, amended, or revoked, the Authority must give notice in writing to the accredited institution of the new, amended, or revoked conditions.
Section 250A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 250A(1): amended, on 13 February 2015, by section 30 of the Education Amendment Act 2015 (2015 No 1).
250B Lapse of accreditation
(1)
An accreditation granted to an institution lapses when—
(a)
12 months have passed since accreditation was granted and the institution has not during that time provided all or part of the programme to which the accreditation relates; or
(b)
12 months have passed since the institution last provided all or part of the programme to which the accreditation relates; or
(c)
the programme to which the accreditation relates ceases to be an approved programme; or
(d)
the status of the qualification to which the accreditation relates is discontinued on the Qualifications Framework.
(2)
Despite subsection (1), the Authority may, if it considers that the circumstances so require, extend the time specified in subsection (1)(a) or (b).
(3)
The Authority must give written notice of the lapse of an accreditation to the institution concerned.
Section 250B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
250C Withdrawal of accreditation
(1)
If the Authority considers that there may be grounds for withdrawing an accreditation from an institution, the Authority must give written notice to the institution—
(a)
setting out the grounds on which the Authority is considering withdrawing the accreditation; and
(b)
giving the institution a reasonable period to make submissions on the matter.
(2)
After that period, and having considered any submission made by the institution, the Authority may, on any reasonable grounds, withdraw the accreditation.
(3)
If the Authority withdraws an accreditation under subsection (2), it must give notice of the withdrawal, with reasons, to the institution concerned.
(4)
The Authority may withdraw an accreditation at the written request of the institution concerned.
(5)
This section does not limit the Authority’s power to withdraw an accreditation under section 255(7).
Section 250C: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 250C(1)(a): amended, on 13 February 2015, by section 31 of the Education Amendment Act 2015 (2015 No 1).
Training schemes and consents to assess against standards
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
251 Application for training scheme approval
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, or other body.
(2)
An institution may apply to the Authority for a grant of approval to provide a training scheme under this section.
(3)
[Repealed](4)
The Authority—
(a)
may grant or refuse to grant approval to the training scheme; and
(b)
must give the institution and any joint applicant written notice of its decision to grant or refuse approval; and
(c)
may grant approval without limitation as to time or for a specified period.
(5)
If the training scheme incorporates assessment standards listed on the Directory of Assessment Standards, the Authority must not grant training scheme approval until the institution has obtained consent to assess against those standards.
(6)
This section does not apply to—
(a)
any secondary school qualification or class of secondary school qualification that the Authority exempts, by notice in the Gazette, from the application of this section.
(b)
[Repealed]Section 251: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 251(1): amended, on 1 April 2020, by section 60(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 251(3): repealed, on 1 April 2020, by section 60(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 251(6)(b): repealed, on 1 April 2020, by section 60(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
251A Conditions of training scheme approval
(1)
Every training scheme approval is subject to the condition that the institution will at all times comply with the relevant rules made under section 253 except to the extent that the Authority exempts the institution, by a condition on the approval, from compliance.
(2)
The Authority may impose conditions on a training scheme approval, and for that purpose, section 250A(2) to (5) apply as if each reference to accreditation were a reference to a training scheme approval under this section.
Section 251A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 251A(1): amended, on 13 February 2015, by section 32 of the Education Amendment Act 2015 (2015 No 1).
251B Withdrawal of training scheme approval
(1)
If the Authority considers that there may be grounds for withdrawing a training scheme approval from an institution, the Authority must give written notice to the institution—
(a)
setting out the grounds on which the Authority is considering withdrawing the approval; and
(b)
giving the institution a reasonable period to make submissions on the matter.
(2)
After the period referred to in subsection (1)(b), and having considered any submission made by the institution, the Authority—
(a)
may, on reasonable grounds, withdraw the training scheme approval; and
(b)
must give notice of the withdrawal, with reasons, to the institution concerned.
(3)
This section does not limit the Authority’s power to withdraw training scheme approval under section 255(7).
(4)
The Authority may withdraw a training scheme approval at the written request of the institution concerned.
Section 251B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
251C Lapse of training scheme approval
(1)
A training scheme approval granted to an institution lapses when—
(a)
12 months have passed since approval was granted and the institution has not during that time provided all or part of the training scheme to which the approval relates; or
(b)
12 months have passed since the institution last provided all or part of the training scheme to which the approval relates.
(2)
Despite subsection (1), the Authority may, if it considers that the circumstances so require, extend the time specified in subsection (1)(a) or (b).
(3)
The Authority must give written notice of the lapse of a training scheme approval to the institution concerned.
Section 251C: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Consent to assess against standards
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
252 Consent to assess against standards
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, or other body.
(2)
An institution that proposes to assess its students against standards listed on the Directory of Assessment Standards must apply to the Authority for a grant of consent to assess against those standards.
(3)
The Authority may grant or refuse consent to assess against those standards.
(4)
The Authority may withdraw a consent, but only after complying with subsection (5).
(5)
Before the Authority withdraws a consent, it must—
(a)
give written notice of its intentions to the institution; and
(b)
give the institution a reasonable opportunity to respond to the notice; and
(c)
consider any submissions made by the institution in response to the notice.
(6)
The Authority must give the institution written notice of its decision under subsection (4), and must give reasons for its decision.
(7)
Despite subsection (4), the Authority may withdraw a consent at the written request of the institution concerned.
Section 252: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 252(1): amended, on 1 April 2020, by section 61 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
252A Conditions
(1)
Every consent to assess against standards is subject to the condition that the institution will at all times comply with the relevant rules made under section 253 except to the extent that the Authority exempts the institution, by a condition on the consent, from compliance.
(2)
The Authority may impose conditions on a consent to assess against standards, and for that purpose section 250A(2) to (5) apply as if each reference to accreditation were a reference to a consent to assess against standards.
Section 252A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 252A(1): amended, on 13 February 2015, by section 33(1) of the Education Amendment Act 2015 (2015 No 1).
Section 252A(1): amended, on 13 February 2015, by section 33(2) of the Education Amendment Act 2015 (2015 No 1).
252B When a consent expires or ceases to have effect
(1)
A consent to assess against standards expires—
(a)
when any training scheme approval or accreditation to which the consent relates is withdrawn, lapses, expires, or otherwise ceases to have effect:
(b)
when the status of all standards to which the consent relates is discontinued on the Directory of Assessment Standards.
(2)
If the status of any standard to which the consent relates is discontinued on the Directory of Assessment Standards, the consent ceases to have effect in respect of that standard.
Section 252B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Rules
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
253 Rules
(1)
The Authority may make rules—
(a)
prescribing the process for, and the information required in, an application for—
(i)
registration of a private training establishment:
(ii)
approval of a programme:
(iii)
approval of a training scheme:
(iv)
accreditation:
(v)
consent to assess against standards:
(vi)
approval as a standard-setting body:
(vii)
the listing of a qualification on the Qualifications Framework:
(viii)
the listing of a standard on the Directory of Assessment Standards:
(b)
prescribing criteria that the Authority must apply when considering—
(i)
each class of application described in paragraph (a); and
(ii)
different kinds of application within each class:
(c)
prescribing requirements that the applicant must meet in order to maintain the registration, approval, accreditation, or consent granted by the Authority:
(d)
prescribing the amount of, or the method for determining, the annual registration fee required under section 233C:
(e)
prescribing the requirements for the protection of student fees that must be met by a private training establishment, any person to whom section 234D applies, any agent or person purporting to act as an agent for a student or private training establishment, and any independent trustee:
(f)
prescribing matters relating to the general operation of the Qualifications Framework and the Directory of Assessment Standards:
(g)
prescribing the quality assurance requirements that must be met by providers of adult and community education:
(ga)
prescribing the amount of, or the method for determining, the annual fee payable by a workforce development council and when and how that fee is payable:
(gb)
prescribing quality assurance requirements for workforce development councils, including (without limitation) requirements relating to the performance of the relevant functions of workforce development councils:
(gc)
prescribing matters relating to training packages:
(h)
providing for the review, amendment, removal, or alteration of the status of qualifications and standards, including their components (including where amendments to titles occur, consequential amendments to programmes of study or training titles, accreditations, and consents to assess against standards):
(i)
providing any special requirements for NCEA and other secondary school qualifications or awards for the purposes of the Qualifications Framework:
(j)
providing for the conduct of assessments and examinations relating to any qualifications or awards:
(k)
prescribing the details for credits, cross credits, recognition of prior learning, and moderation:
(l)
prescribing requirements for qualifications in respect of which the Authority is the qualifications developer:
(m)
prescribing requirements relating to work-based training:
(n)
providing for the following matters for the purposes of section 236A:
(i)
the kinds of enrolment and academic records that must be kept:
(ii)
the manner in which the records must be kept:
(iii)
the length of time for which the records must be kept:
(o)
prescribing reporting requirements that institutions (within the meaning of section 254(1)) must comply with in relation to the student’s record of achievement that is maintained by the Qualifications Authority:
(p)
for the purposes of rules made under paragraph (o), specifying the qualifications or standards for which institutions are required to report the credits gained by students undertaking or who have undertaken study or training towards those qualifications or standards:
(pa)
prescribing the quality assurance requirements for tertiary education bodies in respect of whom the Authority grants approvals or consents under this Part:
(pb)
prescribing the types of programmes and training schemes that are exempt from the requirements specified in section 234E(1):
(q)
providing for any other matters contemplated by this Part or Part 18, necessary for their administration, or necessary for giving them full effect.
(2)
Without limiting any power to make rules under this section, restrictions on the use of standards may be included in any rules made under subsection (1)(b) that—
(a)
prescribe criteria that the Authority must apply when considering applications for approval of a programme leading to a degree or postgraduate qualification:
(b)
prescribe criteria that the Authority must apply when considering applications for the listing of a degree or postgraduate qualification on the Qualifications Framework:
(c)
prescribe criteria that the Authority must apply when considering applications for the listing of a standard on the Directory of Assessment Standards that relates to any programme leading to a degree or postgraduate qualification.
(3)
Rules made under subsection (1)(n) may specify different requirements for different qualifications.
(3A)
Rules made under subsection (1)(pb) before the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent come into force—
(a)
on the day 12 months after the day on which the Education Amendment Act 2015 received the Royal assent; or
(b)
on a later day stated in those rules.
(4)
Before making rules under this section that apply to a class of institutions, the Authority must consult,—
(a)
if the rules relate to universities, the Vice-Chancellors Committee; and
(b)
if the rules relate to bodies that provide adult and community education, those bodies or a body that represents their interests; and
(c)
if the rules relate to a class of institutions in respect of which there is a body whose function is to set up programme approval and moderation procedures, the representative bodies of those institutions, and any other bodies as the Authority considers appropriate.
(5)
Any proposed rules under this section must be approved by the board of the Authority and the Minister before being made, but, if the rules relate to any matter described in subsection (1)(j), the approval of the Minister is not required.
(6)
Any rules made under this section must be—
(a)
published on an Internet site maintained by or on behalf of the Authority; and
(b)
made available in printed form for purchase at a reasonable price on request by members of the public.
(7)
Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Section 253: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 253(1)(ga): replaced, on 1 April 2020, by section 62(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253(1)(gb): replaced, on 1 April 2020, by section 62(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253(1)(gc): inserted, on 1 April 2020, by section 62(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253(1)(m): amended, on 1 April 2020, by section 62(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253(1)(pa): inserted, on 13 February 2015, by section 34(1) of the Education Amendment Act 2015 (2015 No 1).
Section 253(1)(pb): inserted, on 13 February 2015, by section 34(1) of the Education Amendment Act 2015 (2015 No 1).
Section 253(3A): inserted, on 13 February 2015, by section 34(2) of the Education Amendment Act 2015 (2015 No 1).
Section 253(7): replaced, on 29 October 2016, by section 36 of the Education Legislation Act 2016 (2016 No 72).
Functions and powers of Authority in relation to universities
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
253A Exercise of certain powers of Authority by Vice-Chancellors Committee
(1)
In this section, the powers of the Authority means the Authority’s powers under sections 249 to 251C, 254A(2)(b), and 255.
(2)
The powers of the Authority as far as they are applicable to universities may, subject to this section, be exercised by the Vice-Chancellors Committee in relation to universities. References to the Authority in the relevant sections must be read as references to the Vice-Chancellors Committee.
(3)
The Vice-Chancellors Committee in exercising the powers of the Authority must apply the relevant rules made under section 253.
(4)
The Vice-Chancellors Committee may charge fees to an institution for the grant of any approval or accreditation.
(5)
The Vice-Chancellors Committee may—
(a)
list or arrange for the listing of university qualifications on the Qualifications Framework; and
(b)
correct any errors or omissions in the listing of the qualification on the framework.
(6)
To avoid doubt, this section does not limit the Authority’s power to delegate its functions or powers under the Crown Entities Act 2004.
Compare: 1989 No 80 s 260
Section 253A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Granting of awards
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
253B Powers of Authority in granting of awards
(1)
A person may apply to the Authority for its consent—
(a)
to grant an award that is described as a degree or the description of which includes the word bachelor, master, or doctor:
(b)
to grant an award that is described as a post-graduate qualification, for example, a post-graduate certificate or diploma.
(2)
The Authority may, in accordance with this section, grant or refuse its consent.
(3)
The Authority must not consent to the granting of an award of a kind referred to in subsection (1) unless it is satisfied that the award recognises the completion of a programme of advanced learning that—
(a)
is taught mainly by people engaged in research; and
(b)
emphasises general principles and basic knowledge as the basis for self-directed work and learning.
(4)
The Authority must not withhold its consent to the use of any particular term or the granting of an award that, or whose name or description, includes any particular word, unless satisfied on reasonable grounds that it should do so.
Compare: 1989 No 80 s 254
Section 253B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Use of certain terms in name or description of registered establishment or wananga
Heading: replaced, on 30 March 2018, by section 33 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
253C Minister may consent to use of certain terms in name or description of registered establishment or wananga
(1)
[Repealed](2)
A registered establishment may apply to the Minister for consent to describe itself using the term university or college of education.
(2A)
A wananga may apply to the Minister for consent to describe itself using the term university or college of education.
(3)
Before deciding whether to grant consent under subsection (2) or (2A), the Minister must—
(a)
take into account the characteristics of institutions as described in section 162(4); and
(b)
receive advice on the application from the Authority and from the Commission; and
(c)
be satisfied that consenting to the application is in the interests of the tertiary education system and the nation as a whole; and
(d)
consult with the institutions, organisations representing institutions, and other relevant bodies that the Minister considers appropriate; and
(e)
in the case of a wananga, consult with such persons or bodies who are knowledgeable in āhuatanga Māori (Māori tradition) and tikanga Māori (Māori custom) within a kaupapa Māori pedagogy as the Minister considers appropriate.
(4)
[Repealed](5)
The Minister may grant consent under subsection (2) or (2A) subject to conditions that the Minister considers reasonably necessary to—
(a)
ensure that students, employers, and members of the public are adequately informed of the legal status or characteristics of the registered establishment or wananga to which the consent is granted; and
(b)
ensure adequate protection of the quality and reputation of the institutions that may use the term without applying to do so; and
(c)
protect the interests of the tertiary education system and the nation as a whole.
(5A)
The Minister may, at any time, carry out a review of a registered establishment or wananga to assess whether it is continuing to comply with any conditions subject to which it was granted consent under subsection (2) or (2A).
(6)
If, having regard to a review carried out under subsection (5A), the Minister is not satisfied that a registered establishment or wananga is continuing to comply with the conditions subject to which it was granted consent under subsection (2) or (2A), the Minister may—
(a)
withdraw the consent; or
(b)
suspend the consent for a specified period, at the expiry of which the Minister must either lift the suspension or withdraw the consent.
Compare: 1989 No 80 s 264A
Section 253C: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 253C heading: replaced, on 30 March 2018, by section 34(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(1): repealed, on 30 March 2018, by section 34(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(2): replaced, on 30 March 2018, by section 34(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(2): amended, on 1 April 2020, by section 63(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253C(2A): inserted, on 30 March 2018, by section 34(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(2A): amended, on 1 April 2020, by section 63(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253C(3): amended, on 30 March 2018, by section 34(4) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(3)(b): amended, on 30 March 2018, by section 34(5) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(3)(d): amended, on 30 March 2018, by section 34(6) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(3)(e): inserted, on 30 March 2018, by section 34(7) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(4): repealed, on 1 April 2020, by section 63(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 253C(5): replaced, on 30 March 2018, by section 34(8) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(5A): inserted, on 30 March 2018, by section 34(8) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(6): amended, on 30 March 2018, by section 34(9) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(6): amended, on 30 March 2018, by section 34(10) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 253C(6): amended, on 30 March 2018, by section 34(11) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Fees
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254 Fees
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, workforce development council, or other body.
(2)
The Authority may—
(a)
charge fees to any person or institution for any of the following:
(i)
programme approval:
(ii)
training scheme approval:
(iii)
accreditation:
(iv)
consent to assess against standards:
(v)
approval to list qualifications on the Qualifications Framework:
(vi)
approval to list standards on the Directory of Assessment Standards:
(vii)
registration of a private training establishment:
(viii)
approval to be a standard-setting body:
(ix)
consent to award a degree:
(x)
consent for the use by a registered establishment of certain terms in its name:
(xi)
reporting credits for the purposes of rules made under section 253(1)(o) and (p):
(b)
charge fees to any person or institution for any services provided by the Authority, including fees in relation to sitting for an examination conducted by the Authority, in relation to the making of any assessment by the Authority, or in relation to the granting to any person of an award certifying that the person had passed such an examination or been so assessed:
(c)
charge fees to any person or institution for any quality assurance activities undertaken by the Authority.
(d)
[Repealed](3)
A fee may not be charged under subsection (2)(b) to a person who is a student at a relevant school unless the Minister has consented to the charging of the fee.
(4)
All fees that are to be charged under subsection (2) must be—
(a)
published on an Internet site maintained by or on behalf of the Authority; and
(b)
made available in printed form for purchase at a reasonable price on request by members of the public.
Compare: 1989 No 80 s 266
Section 254: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 254(1): amended, on 1 April 2020, by section 64(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 254(2)(c): replaced, on 23 April 2014, by section 26 of the Industry Training and Apprenticeships Amendment Act 2014 (2014 No 16).
Section 254(2)(c): amended, on 1 April 2020, by section 64(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 254(2)(d): repealed, on 1 April 2020, by section 64(3) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Enforcement powers of Authority
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254A Power to obtain information
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, workforce development council, or other body.
(2)
The chief executive or a person authorised by the chief executive may, subject to subsection (3),—
(a)
by written notice to the Secretary, require the Secretary, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to institutions, being information or documents in the possession of the Secretary, as are specified in the notice; and
(b)
by written notice to the chief executive of an institution, require the chief executive, within such period (being a reasonable period) as is specified in the notice, to supply to the Authority such information or documents relating to the institution as are specified in the notice.
(3)
The powers conferred by subsection (2) may be exercised only where the obtaining of the information or documents is necessary for the purposes of the performance of the functions of the Authority.
Compare: 1989 No 80 s 255
Section 254A: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 254A(1): amended, on 1 April 2020, by section 65 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
254B Chief executive
[Repealed]Section 254B: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254C Membership of Government Superannuation Fund
[Repealed]Section 254C: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254D Employees transferring from other government employment
[Repealed]Section 254D: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
254E Taxation
[Repealed]Section 254E: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
255 Compliance notices
(1)
In this section, institution includes any institution, government training establishment, registered establishment, relevant school, workforce development council, or other body.
(2)
The Authority may issue a compliance notice to an institution requiring the institution to do, or refrain from doing, a particular thing in relation to—
(a)
the institution’s registration as a registered establishment; or
(b)
the institution’s programme approvals, training scheme approvals, or accreditation; or
(c)
any consent that the institution has to assess against standards; or
(d)
any quality assurance conditions on work-based training; or
(e)
any notice issued under section 254A(2)(b).
(3)
Every compliance notice must be in writing and must—
(a)
state the date on which it is issued; and
(b)
state a time on or before which, or a period within which, the institution must comply with the notice; and
(c)
state the consequences or possible consequences of non-compliance with the notice.
(4)
The Authority may publish any compliance notice, or a summary of a compliance notice, in a manner designed to give public notice of the compliance notice.
(5)
An institution that receives a compliance notice must comply with it within the time or during the period stated in the notice.
(6)
The Authority may, before the expiry of the time or period referred to in subsection (3)(b), extend that time or period, in which case the extended time or period is for all purposes the time or period within or during which the notice must be complied with.
(7)
If the institution does not comply with the compliance notice, the Authority may immediately,—
(a)
if the notice related to the registration of a registered establishment, cancel the registration, or impose new conditions or amend or revoke any existing conditions on the registration; or
(b)
if the notice related to a programme or training scheme approval, withdraw the approval, or impose new, or amend or revoke any existing, conditions on the approval; or
(c)
if the notice related to an accreditation, withdraw the accreditation, or impose new conditions, or amend or revoke any existing conditions on the accreditation; or
(d)
if the notice related to a consent to assess against standards, withdraw the consent, impose new conditions, or amend or revoke any existing conditions on the consent; or
(e)
if the notice related to any quality assurance conditions on work-based training, withdraw the programme or training scheme approval to which the training relates, impose new conditions, or amend or revoke any existing conditions.
(8)
The Authority may not do any of the things specified in subsection (7) until the later of—
(a)
10 days from the date of issue of the notice; or
(b)
the expiry of the time or period referred to in subsection (3)(b).
(9)
If the Authority withdraws programme approval it must also withdraw any consent to assess against standards or any accreditation in respect of the programme approval.
(10)
If the Authority withdraws any training scheme approval it must also withdraw any consent to assess against standards in respect of the training scheme approval.
Compare: 1989 No 80 s 255A
Section 255: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 255(1): amended, on 1 April 2020, by section 66(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 255(2)(d): amended, on 1 April 2020, by section 66(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 255(7)(d): amended, on 13 February 2015, by section 35 of the Education Amendment Act 2015 (2015 No 1).
Section 255(7)(e): amended, on 1 April 2020, by section 66(2) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
255A Powers of entry and inspection
(1)
For the purpose of ensuring that a private training establishment (whether registered or not) and any agent of the establishment comply with the provisions of this Act, the rules, and any approval, consent, or other authorisation granted by the Authority, the chief executive may authorise any person to do, at any reasonable time, any 1 or more of the following things:
(a)
enter and inspect any premises (other than a dwellinghouse) that are occupied by the private training establishment or its agent:
(b)
require any person to produce documents or information under the control of the person:
(c)
inspect, photocopy, print out, or copy any documents (whether held in electronic or paper form) produced under paragraph (b) or that the authorised person believes on reasonable grounds to belong to the establishment:
(d)
remove any document referred to in paragraph (c), whether in its original form or as an electronic or paper copy:
(e)
require any employee or member of the establishment to make or provide statements, in any form and manner that the authorised person specifies:
(f)
inspect any education and training work and any related materials:
(g)
meet and talk with any person.
(2)
A person authorised by the chief executive under subsection (1) must—
(a)
provide evidence of his or her authorisation to the person in charge of the premises when the person first enters the premises, and at any later time, at the request of the person in charge; and
(b)
give that person a list of all documents that have been removed (if any); and
(c)
return any documents that have been removed unless to do so would prejudice any investigation.
(3)
An authorisation under subsection (1) must be in writing and contain—
(a)
a reference to this section; and
(b)
the full name of the person authorised; and
(c)
a statement of the powers conferred on that person under this section.
(4)
Every person commits an offence, and is liable on conviction to a fine not exceeding $10,000, who obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power of entry conferred by subsection (1).
Compare: 1989 No 80 s 78A
Section 255A: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Section 255A(4): inserted, on 13 February 2015, by section 36 of the Education Amendment Act 2015 (2015 No 1).
Research
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256 Research
The Authority has power to carry out any research activities that it considers relevant to the performance of its functions.
Compare: 1989 No 80 s 256
Section 256: replaced, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Provisions relating to continuation, constitution, and operation of New Zealand Qualifications Authority
Heading: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256A Continuation of New Zealand Qualifications Authority
(1)
There continues to be a New Zealand Qualifications Authority, which is the same body as the body of that name existing immediately before the commencement of the Education Amendment Act 2011.
(2)
The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(3)
The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.
(4)
The members of the Authority are the board for the purposes of the Crown Entities Act 2004.
Compare: 1989 No 80 s 248
Section 256A: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256B Constitution
(1)
The Authority must consist of not fewer than 8 nor more than 10 members.
(2)
In appointing members, the Minister must consult such persons, authorities, and bodies as the Minister considers appropriate and must have regard to the interests of industry, the professions, and the authorities and bodies that are respectively responsible for providing compulsory and post-compulsory education.
(3)
Subsection (2) does not limit section 29 of the Crown Entities Act 2004.
Compare: 1989 No 80 s 249
Section 256B: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256C Chief executive
The Authority must from time to time appoint a chief executive of the Authority, on terms and conditions agreed by the Authority and the person appointed in accordance with section 117 of the Crown Entities Act 2004.
Compare: 1989 No 80 s 254B
Section 256C: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256D Delegation by Authority
(1)
The Authority must not delegate the power to appoint a chief executive.
(2)
Subsection (1) applies despite section 73 of the Crown Entities Act 2004.
(3)
A delegation under section 73 of the Crown Entities Act 2004 to the chief executive, if there is no chief executive for the time being, or if the chief executive is absent from duty, continues to have effect as if made to the person for the time being acting in place of the chief executive.
Compare: 1989 No 80 s 251
Section 256D: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256E Membership of Government Superannuation Fund
Employment in the service of the Authority is Government service within the meaning of the Government Superannuation Fund Act 1956.
Section 256E: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256F Child care allowances
A member may be paid any allowances in respect of child care that the Authority determines.
Section 256F: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
256G Taxation
(1)
The Authority is deemed to be the agent of the Crown in respect of its property and the performance of its functions and is entitled accordingly to all the privileges the Crown enjoys in respect of exemption from taxation and the payment of fees or charges, and from other obligations.
(2)
Subsection (1) does not exempt the Authority from—
(a)
the payment of goods and services tax under the Goods and Services Tax Act 1985; or
(b)
any obligation imposed by that Act.
Compare: 1989 No 80 s 254E
Section 256G: inserted, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
257 Entrance to universities
[Repealed]Section 257: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
258 Approval of courses
[Repealed]Section 258: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
258A Conditions on course approvals
[Repealed]Section 258A: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
259 Accreditation to provide approved courses
[Repealed]Section 259: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
259A Conditions on accreditation to provide approved courses
[Repealed]Section 259A: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
260 Exercise of certain powers of Authority
[Repealed]Section 260: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
261 Only accredited institutions to provide approved courses
[Repealed]Section 261: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
262 Notice
[Repealed]Section 262: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
263 Awards for approved nationally recognised courses
[Repealed]Section 263: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
264 Applications for consents by Authority
[Repealed]Section 264: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
264A Minister may consent to registered establishments using certain terms in their names
[Repealed]Section 264A: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
265 Examination and assessment
[Repealed]Section 265: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
266 Fees
[Repealed]Section 266: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
267 Saving of certain statutes, etc, of University of New Zealand
[Repealed]Section 267: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
268 Powers of Minister
[Repealed]Section 268: repealed, on 30 August 2011, by section 38 of the Education Amendment Act 2011 (2011 No 66).
Part 21 Education New Zealand
Part 21: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
269 Education New Zealand established
(1)
An organisation called Education New Zealand is established.
(2)
Education New Zealand is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
(3)
The Crown Entities Act 2004 applies to Education New Zealand except to the extent that this Act expressly provides otherwise.
Section 269: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
269A Interpretation
In this Part, unless the context otherwise requires, board means the board of Education New Zealand.
Section 269A: inserted, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
270 Functions
(1)
In performing its functions under this Act or any other enactment, Education New Zealand must give effect to the Government’s policy on international education.
(2)
The functions of Education New Zealand are—
(a)
to deliver strategies, programmes, and activities for promoting, together with providers and other government agencies, New Zealand education overseas; and
(b)
to promote New Zealand as an educational destination for international students; and
(c)
to promote the provision of New Zealand education and training services overseas; and
(d)
to manage, in collaboration with other government agencies, activities undertaken by representatives appointed to act on behalf of the New Zealand Government in relation to international education; and
(e)
to carry out research on international education markets and marketing strategies; and
(f)
to administer any international programmes or activities that are consistent with the Government’s policy on international education; and
(g)
to provide information, advice, and assistance to providers on strategies to promote industry co-ordination and professional development; and
(h)
to provide information to international students about living and studying in New Zealand; and
(i)
to work with other agencies to ensure that international students are adequately supported while living and studying in New Zealand; and
(j)
to foster collaborative networks with former international students; and
(k)
to perform any other function directed by the Minister under subsection (3).
(3)
The Minister may direct Education New Zealand to perform any function that the Minister considers consistent with the Government’s policy on international education.
(4)
In this section, providers means any organisation that provides education, training, or education-related services.
Section 270: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
271 International education strategy
(1)
The Minister may, from time to time, issue an international education strategy that sets out—
(a)
the Government’s long-term strategic direction for international education; and
(b)
the Government’s current and medium-term priorities for international education.
(2)
Before issuing the Government’s international education strategy, the Minister must consult with organisations or people that, in the Minister’s opinion, have a substantial interest in international education and ought to be consulted.
Section 271: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
272 Membership of board of Education New Zealand
(1)
The board of Education New Zealand consists of at least 5 members and no more than 7 members appointed by the Minister under section 28 of the Crown Entities Act 2004.
(2)
Before appointing any member to the board, the Minister must consult with—
(a)
the bodies that represent the organisations involved in the provision of international education; and
(b)
any organisations or people that, in the Minister’s opinion, have a substantial interest in the board’s operations.
Section 272: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
272A Special advisers to the board
(1)
The Minister may appoint as special advisers to the board—
(a)
the Secretary for Education; and
(b)
the chief executive of the department responsible for the administration of the Immigration Act 2009; and
(c)
any other person as the Minister determines.
(2)
The function of a special adviser is to assist the board to align its strategies and activities with government policy.
(3)
A special adviser may attend any meeting of the board or any board committees but may not vote.
(4)
The board (including any board committee) must give the special advisers sufficient notice of its meetings and copies of all documents and materials to be considered at each meeting.
(5)
A special adviser may delegate to any person his or her functions and powers conferred by this section, and the delegate may exercise those functions and powers in the same manner and with the same effect as if they had been conferred directly by this section and not by delegation.
(6)
Every person purporting to act under a delegation under subsection (5) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
Section 272A: inserted, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
272B International education stakeholder advisory committee
(1)
The Minister may establish a stakeholder advisory committee to provide expert advice to the board on matters relating to the exercise of its functions.
(2)
The board must consider any advice it receives from the committee.
(3)
The members of the committee must be appointed by the Minister, on terms and conditions that the Minister determines, by written notice to each member.
(4)
When appointing members of the committee, the Minister must ensure, as far as practicable, that—
(a)
the committee’s membership is broadly representative of the international education industry; and
(b)
the members collectively have sufficient experience and knowledge of the international education industry to give appropriate advice to the board.
(5)
The Minister may give terms of reference on the topics or subject areas on which the committee may advise the board.
(6)
The committee must comply with any terms of reference given by the Minister.
(7)
The committee may determine its own procedure.
Section 272B: inserted, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
273 Chief executive
(1)
The board—
(a)
must appoint a chief executive of Education New Zealand; and
(b)
must act independently when appointing the chief executive; and
(c)
may not delegate its duty under paragraph (a).
(2)
The chief executive must not be a member of the board.
Section 273: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
273A Responsibilities of chief executive
The chief executive is responsible for—
(a)
the effective and efficient management and administration of Education New Zealand; and
(b)
the achievement of outcomes identified in the statement of intent of Education New Zealand.
Section 273A: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
273B Superannuation
(1)
Any person who, immediately before becoming an employee of Education New Zealand, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 is deemed, for the purpose of that Act, to be employed in the Government service so long as he or she continues to be an employee of Education New Zealand.
(2)
The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of Education New Zealand were Government service.
(3)
Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if the person has ceased to be a contributor.
(4)
For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of Education New Zealand is the controlling authority.
Section 273B: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
273C Contents of documents
[Repealed]Section 273C: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273D Amendments to documents
[Repealed]Section 273D: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273E Revocation of documents
[Repealed]Section 273E: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273F Board to comply with document of accountability
[Repealed]Section 273F: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273G Non-compliance with document
[Repealed]Section 273G: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273H Minister may dismiss Board where non-compliance not rectified
[Repealed]Section 273H: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
273I Minister to publish certain documents and directions
[Repealed]Section 273I: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
274 Application of Part 2 of Commerce Act 1986
(1)
For the purposes of section 43 of the Commerce Act 1986, the Governor-General may, by Order in Council, specifically authorise any act, matter, or thing, or kind of act, matter or thing, to be done or omitted to be done by Education New Zealand.
(2)
Part 2 of the Commerce Act 1986 does not apply to any act, matter, or thing, or kind of act, matter, or thing that is specifically authorised under subsection (1).
Section 274: replaced, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
274A Transfer of Ministry employees to Education New Zealand
(1)
The chief executive of the Ministry of Education must identify the employees of the Ministry—
(a)
whose duties are overall more closely connected with the functions of Education New Zealand than with the Ministry; and
(b)
whose positions will, as a result of the establishment of Education New Zealand, cease to exist within the Ministry.
(2)
An employee who is identified under subsection (1) must be offered equivalent employment by Education New Zealand, being employment that is—
(a)
in substantially the same position; and
(b)
in the same general locality; and
(c)
on terms and conditions that are no less favourable than those applying to the employee immediately before the date the offer of employment is made to that employee; and
(d)
on terms that treat the period of service with the Ministry of Education (and every other period of service recognised by the Ministry of Education as continuous service) as if it were continuous service with Education New Zealand.
(3)
The employee is not entitled to receive any payment or other benefit on the ground that the position held by the person in the Ministry of Education has ceased to exist if—
(a)
the employee’s position ceases to exist because the duties of the position are more closely connected with the functions of Education New Zealand; and
(b)
the employee is offered employment in an equivalent position in Education New Zealand (whether or not the employee accepts the offer).
(4)
This section overrides any provision to the contrary in Part 6A of the Employment Relations Act 2000.
Section 274A: inserted, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
274B No compensation for technical redundancy of employees of Education New Zealand Trust
(1)
An employee of Education New Zealand Trust is not entitled to receive any payment or other benefit on the ground that the position held by the person in the Trust has ceased to exist if the employee’s position ceases to exist because the duties of the position are more closely connected with the functions of Education New Zealand, and—
(a)
the employee is offered employment in an equivalent position in Education New Zealand (whether or not the employee accepts the offer); or
(b)
the employee is offered and accepts employment in Education New Zealand.
(2)
In subsection (1)(a), employment in an equivalent position means employment that is—
(a)
in substantially the same position; and
(b)
in the same general locality; and
(c)
on terms and conditions that are no less favourable than those applying to the employee immediately before the date the offer of employment is made to that employee; and
(d)
on terms that treat the period of service with Education New Zealand Trust (and every other period of service recognised by Education New Zealand Trust as continuous service) as if it were continuous service with Education New Zealand.
Section 274B: inserted, on 30 August 2011, by section 39 of the Education Amendment Act 2011 (2011 No 66).
275 Power of Secretary to obtain information
[Repealed]Section 275: repealed, on 25 June 1993, by section 19 of the Education Amendment Act 1993 (1993 No 51).
276 Powers of Board
[Repealed]Section 276: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
277 Transitional provisions relating to Education and Training Support Agency
[Repealed]Section 277: repealed, on 1 January 2003, by section 41 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Part 22 Careers New Zealand
[Repealed]Part 22: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
278 Interpretation
[Repealed]Section 278: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
279 Careers New Zealand is service for purposes of this Part
[Repealed]Section 279: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
280 Functions of Service
[Repealed]Section 280: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
281 Continuation of Board
[Repealed]Section 281: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
282 Duties of Board
[Repealed]Section 282: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
283 Charter of Service
[Repealed]Section 283: repealed, on 25 June 1993, by section 23 of the Education Amendment Act 1993 (1993 No 51).
283A Minister may require Board to negotiate document of accountability
[Repealed]Section 283A: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283B Minister may prepare document where no agreement reached
[Repealed]Section 283B: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283C Contents of statement of intent
[Repealed]Section 283C: repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).
283D Amendments to documents
[Repealed]Section 283D: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283E Revocation of documents
[Repealed]Section 283E: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283F Board to comply with document of accountability
[Repealed]Section 283F: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283G Non-compliance with document
[Repealed]Section 283G: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
283H Minister may dismiss Board where non-compliance not rectified
[Repealed]Section 283H: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
283I Minister to publish certain documents and directions
[Repealed]Section 283I: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
284 Communication of government policy to the Board
[Repealed]Section 284: repealed, on 25 June 1993, by section 23 of the Education Amendment Act 1993 (1993 No 51).
285 Power of Secretary to obtain information
[Repealed]Section 285: repealed, on 25 June 1993, by section 23 of the Education Amendment Act 1993 (1993 No 51).
286 Powers of Board
[Repealed]Section 286: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286A Child care allowances
[Repealed]Section 286A: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286B Chief executive
[Repealed]Section 286B: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286C Membership of Government Superannuation Fund
[Repealed]Section 286C: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286D Employees transferring from Ministry and education boards
[Repealed]Section 286D: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286E Board may not delegate power to appoint general manager
[Repealed]Section 286E: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286F Delegations to general manager
[Repealed]Section 286F: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
286G Taxation
[Repealed]Section 286G: repealed, on 1 July 2017, by section 136 of the Education (Update) Amendment Act 2017 (2017 No 20).
Part 23 Tertiary Research Board
[Repealed]Part 23: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
287 Definitions
[Repealed]Section 287: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
288 Establishment of Board
[Repealed]Section 288: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
289 Constitution of Board
[Repealed]Section 289: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
290 Functions of Board
[Repealed]Section 290: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
291 Powers of Board
[Repealed]Section 291: repealed, on 1 January 2003, by section 45(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Part 24 Miscellaneous provisions
Part 24: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
292 Offences relating to use of certain terms
(1)
A person commits an offence who—
(a)
uses the term university to describe an educational establishment or facility unless the educational establishment and facility—
(i)
is a university; or
(ii)
is a registered establishment or wananga that has the Minister’s consent under section 253C to use the term; or
(iii)
was a university but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a university as set out in section 162(4)(a) and (b)(iii):
(b)
uses the term college of education to describe an educational establishment or facility unless the educational establishment or facility—
(i)
is a college of education; or
(ii)
is a registered establishment or wananga that has the Minister’s consent under section 253C to use the term; or
(iii)
was a college of education but, despite being incorporated under section 164(4) into another institution, retains the characteristics of a college of education as set out in section 162(4)(b)(i):
(c)
uses the term polytechnic to describe an educational establishment or facility unless the educational establishment or facility is NZIST or an NZIST subsidiary:
(d)
uses the term institute of technology to describe an educational establishment or facility unless the educational establishment or facility is NZIST or an NZIST subsidiary.
(2)
A person (other than a university) commits an offence who grants or purports to grant an award that is described as a degree, or the description of which includes the word bachelor, master, doctor, or postgraduate, unless—
(a)
the person has the consent of the Qualifications Authority; or
(b)
as provided by section 192(11).
(3)
A person commits an offence who, without the consent of the Qualifications Authority, grants or purports to grant an award which, or the name or description of which, includes the word national or the words New Zealand.
(4)
A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
Compare: 1989 No 80 s 292
Section 292: replaced, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292(1)(a)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 292(1)(b)(ii): amended, on 30 March 2018, by section 35 of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 292(1)(c): replaced, on 1 April 2020, by section 67 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 292(1)(d): replaced, on 1 April 2020, by section 67 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
Section 292(4): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
292A Offences relating to false representations
(1)
A person commits an offence who falsely represents, expressly or by implication, that—
(a)
a qualification is listed on the Qualifications Framework; or
(b)
a programme is an approved programme; or
(c)
a training scheme is an approved training scheme; or
(d)
a body is a registered establishment; or
(e)
a programme or training scheme provided by a body—
(i)
is an approved programme or training scheme; or
(ii)
leads to a qualification listed on the Qualifications Framework; or
(f)
a body has accreditation to provide an approved programme or training scheme; or
(g)
a body is providing or purports to provide an approved training scheme; or
(h)
a body is providing or purports to provide an approved programme; or
(i)
a body has consent to assess against standards; or
(j)
a standard is on the Directory of Assessment Standards; or
(k)
the person is an agent of an institution (as that term is defined in section 249(1)) when the person is not.
(2)
A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
(3)
A person commits an offence who, without reasonable excuse, makes a false representation for the purpose of receiving, or continuing to receive, free tertiary education from a tertiary education organisation.
(4)
A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $5,000.
(5)
For the purposes of subsection (3),—
free tertiary education means any tuition or training—
(a)
that a tertiary education organisation provides to, or arranges for, eligible students; and
(b)
that has costs (which would otherwise be payable by those students) that are (in whole or in part) met by funds appropriated by Parliament
tertiary education organisation has the same meaning as organisation in section 159B.
Section 292A: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292A(2): amended, on 24 October 2018, by section 17(1) of the Education Amendment Act 2018 (2018 No 40).
Section 292A(2): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
Section 292A(3): inserted, on 24 October 2018, by section 17(2) of the Education Amendment Act 2018 (2018 No 40).
Section 292A(4): inserted, on 24 October 2018, by section 17(2) of the Education Amendment Act 2018 (2018 No 40).
Section 292A(5): inserted, on 24 October 2018, by section 17(2) of the Education Amendment Act 2018 (2018 No 40).
292B Liability of body corporate and directors in respect of false representations
(1)
If, in proceedings in respect of conduct engaged in by a body corporate, being conduct in relation to which section 292, 292A, 292C, 292D, 292E, 292F, or 292G applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of that person’s actual or apparent authority, had that state of mind.
(2)
For the purpose of section 292, 292A, 292C, 292D, 292E, 292F, or 292G, any conduct engaged in on behalf of a body corporate—
(a)
by a director, an employee, or an agent of the body corporate, acting within the scope of that person’s actual or apparent authority; or
(b)
by any other person at the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee or agent,—
is deemed to have been engaged in also by the body corporate.
(3)
If a body corporate is convicted of an offence under section 292, 292A, 292C, 292D, 292E, 292F, or 292G, any director of the body corporate, and, if the body corporate is a private training establishment, any governing member of the establishment, is to be treated as having committed the same offence, if—
(a)
the director or governing member approved of the act that constituted the offence; or
(b)
the director or governing member knew the offence was to be or was being committed and failed to take all reasonable steps to prevent it.
(4)
A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for that intention, opinion, belief, or purpose.
(5)
In this section, governing member has the meaning given to it in section 232.
Compare: 1986 No 121 s 45(1), (2), (5)
Section 292B: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292B(1): amended, on 13 February 2015, by section 37(1) of the Education Amendment Act 2015 (2015 No 1).
Section 292B(2): amended, on 13 February 2015, by section 37(2) of the Education Amendment Act 2015 (2015 No 1).
Section 292B(3): amended, on 13 February 2015, by section 37(3) of the Education Amendment Act 2015 (2015 No 1).
292C Offence to issue false qualifications and falsify records
(1)
A person commits an offence who knowingly or recklessly issues an award that falsely represents, expressly or by implication, that a person has achieved a qualification listed on the Qualifications Framework.
(2)
A person commits an offence who receives an award knowing that the award falsely represents, expressly or by implication, that he or she has achieved a qualification listed on the Qualifications Framework.
(3)
A person commits an offence if the person—
(a)
enters or changes an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the entry or change has the effect of falsifying the student’s record; or
(b)
fails to enter an educational outcome on a student’s record of achievement, knowing that or being reckless as to whether the omission has the effect of falsifying the student’s record; or
(c)
without reasonable excuse or lawful authority, causes an entry or a change to be made on a student’s record of achievement that has the effect of falsifying the student’s record.
(4)
A person who commits an offence under subsection (2) is liable on conviction to a fine not exceeding $10,000.
(5)
A person who commits an offence under subsection (1) or (3) is liable on conviction to a fine not exceeding $50,000.
Section 292C: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292C(1): amended, on 13 February 2015, by section 38(1) of the Education Amendment Act 2015 (2015 No 1).
Section 292C(2): amended, on 13 February 2015, by section 38(2) of the Education Amendment Act 2015 (2015 No 1).
Section 292C(3): replaced, on 30 March 2018, by section 36(1) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 292C(4): amended, on 30 March 2018, by section 36(2) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
Section 292C(4): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
Section 292C(5): inserted, on 30 March 2018, by section 36(3) of the Education (Tertiary Education and Other Matters) Amendment Act 2018 (2018 No 6).
292D Offence to fail to comply with section 236A (student records)
(1)
A private training establishment commits an offence that fails, without reasonable excuse, to comply with the requirements of section 236A.
(2)
A private training establishment that commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
Section 292D: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292D(2): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
292E Offence to provide or advertise cheating services
(1)
A person commits an offence if the person provides any service specified in subsection (4) with the intention of giving a student an unfair advantage over other students.
(2)
A person commits an offence if the person advertises any service described in subsection (4) knowing that the service has or would have the effect of giving a student an unfair advantage over other students.
(3)
A person commits an offence who, without reasonable excuse, publishes an advertisement for any service described in subsection (4).
(4)
The services referred to in subsections (1) to (3) are as follows:
(a)
completing an assignment or any other work that a student is required to complete as part of a programme or training scheme:
(b)
providing or arranging the provision of an assignment that a student is required to complete as part of a programme or training scheme:
(c)
providing or arranging the provision of answers for an examination that a student is required to sit as part of a programme or training scheme:
(d)
sitting an examination that a student is required to sit as part of a programme or training scheme or providing another person to sit the exam in place of the student.
(5)
A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
(6)
In this section,—
programme has the meaning given to it in section 159(1)
student means a student of a programme or training scheme
training scheme has the meaning given to it in section 159(1).
Section 292E: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292E(5): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
292F Offences relating to enrolment of international students and registration of private training establishments
(1)
Where the Council of an institution contravenes section 224(7), the institution commits an offence.
(2)
A private training establishment that contravenes section 232A(1), 232A(2), or 232C commits an offence.
(3)
A body that commits an offence against this section is liable, on conviction, to a fine not exceeding $10,000.
Section 292F: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292F(3): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
292G Offence to contravene requirements in section 234E relating to student fees
(1)
A private training establishment that contravenes section 234E(1) commits an offence.
(2)
A person who contravenes section 234E(2) commits an offence.
(3)
A private training establishment or person that commits an offence against this section is liable, on conviction, to a fine not exceeding $10,000.
Section 292G: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
Section 292G(3): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).
292H Injunctions and orders of High Court
(1)
If a person has engaged, is engaging, or proposes to engage, in conduct that contravenes section 224(7) or any of sections 292 to 292F, the High Court may, on application by the Qualifications Authority, grant an injunction or make any appropriate order—
(a)
restraining the person from engaging in that conduct; or
(b)
for the purpose of ensuring that the person does not engage in that conduct.
(2)
The court may grant an injunction or make an order under subsection (1) on any terms that it considers appropriate.
Compare: 1989 No 80 s 292(12)
Section 292H: inserted, on 30 August 2011, by section 42 of the Education Amendment Act 2011 (2011 No 66).
293 Transitional provisions consequential on repeal of Adult Education Act 1963
(1)
Upon the commencement of this section,—
(a)
all real and personal property that, immediately before that commencement, was vested in the National Council of Adult Education that was constituted under the Adult Education Act 1963 is, by force of this subsection, vested in the trustees from time to time of the trust known as the National Resource Centre for Adult Education and Community Learning subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the Minister becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities, and obligations of that Council that existed immediately before that commencement.
(2)
The District Land Registrar for the Wellington land registration district shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of this section in relation to the land at 192 Tinakori Road, Wellington, contained in Register Book Volume 41 Folio 132.
Section 293: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
294 Taxes and duties in relation to property of former National Council of Adult Education
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the National Council of Adult Education referred to in section 293(1)(a) (in this section referred to as the National Council) and the trustees referred to in that section (in this section referred to as the trustees) shall be deemed to be the same person with effect on and from the date on which the real and personal property of the National Council vests in the trustees pursuant to that section; and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the National Council so vests in the trustees, all transactions entered into by, and acts of, the National Council before the vesting effected by section 293(1)(a) shall be deemed to have been entered into by, or to be those of, the trustees and to have been entered into or performed by the trustees at the time when they were entered into or performed by the National Council.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by the National Council in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 293(1)(a) shall be treated as having been acquired by the trustees at the time when they were acquired by the National Council.
(3)
The vesting of all the real and personal property of the National Council in the trustees pursuant to section 293(1)(a) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 294: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
Section 294(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 294(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 294(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 294(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 294(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 294(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 294(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
295 Transitional provisions consequential on repeal of Trades Certification Act 1966
(1)
In this section,—
Authority means the Qualifications Authority
Board means the New Zealand Trades Certification Board that was constituted under the Trades Certification Act 1966.
(2)
Upon the commencement of this section,—
(a)
all real and personal property that, immediately before that commencement, was vested in the Board is, by force of this subsection, vested in the Authority subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the Authority becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities and obligations of the Board that existed immediately before that commencement.
(3)
Where any land vests in the Authority under subsection (2), the District Land Registrar for the land registration district in which the land is situated, on the deposit with him or her of such plans and documents as he or she may require, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of that subsection.
(4)
Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the commencement of this section to which the Board was a party has effect after that commencement as if—
(a)
the Authority is substituted for the Board as a party to the contract, other instrument, or proceeding; and
(b)
any reference in the contract or other instrument, or in a pleading, affidavit or other document in the proceeding, to the Board in its capacity as a party to the contract, other instrument or pleading is (except in relation to matters that occurred before that commencement) a reference to the Authority.
(5)
A person who was an officer or employee of the Board immediately before the commencement of this section and becomes an employee of the Authority by virtue of clause 9(1) of Schedule 15 shall be employed by the Authority on the same terms and conditions as those on which the person was employed immediately before that commencement until the person’s employment terminates or is terminated in accordance with those terms and conditions, but nothing in this section prevents the variation of those terms and conditions in the same way as the terms and conditions of other employees may be varied.
(6)
All regulations, rulings, decisions, and other acts of authority of the Board, so far as they were subsisting immediately before the commencement of this section, continue in force as if they were regulations, rulings, decisions, and other acts of authority, respectively, of the Authority.
(7)
Notwithstanding the repeal of the Trades Certification Act 1966,—
(a)
subsections (2) to (4) of section 19 of that Act continue to apply in relation to each financial year in respect of which those subsections had not been complied with before the commencement of this section but so apply as if the period that commenced on 1 April 1990 and ended immediately before that commencement was a financial year; and
(b)
the Board continues in existence for the purpose only of complying with section 19 of that Act as that section applies by virtue of paragraph (a) of this subsection.
(8)
The Authority shall give to the Board any assistance that the Board requires for the purpose of complying with section 19 of the Trades Certification Act 1966 as that section applies by virtue of subsection (7)(a) of this section and is responsible for paying any expenses incurred by the Board (including remuneration and expenses of members of the Board) in so complying.
Section 295: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
296 Taxes and duties in relation to property of former New Zealand Trades Certification Board
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the Board referred to in section 295(2)(a) (in this section referred to as the Board) and the Qualifications Authority shall be deemed to be the same person with effect on and from the date on which the real and personal property of the Board vests in that Authority pursuant to that section; and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the Board so vests in the Qualifications Authority, all transactions entered into by, and acts of, the Board before the vesting effected by section 295(2)(a) shall be deemed to have been entered into by, or to be those of, that Authority and to have been entered into or performed by that Authority at the time when they were entered into or performed by the Board.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IF 1(1)(a) of the Income Tax Act 2004; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IG 1 of the Income Tax Act 2004; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section ME 5(1)(i) of the Income Tax Act 2004, or in a taxpayer’s dividend withholding payment account under section MG 5(1)(i) of that Act, or in a taxpayer’s branch equivalent tax account under section MF 4(3)(d) of that Act,—
shares held by the Board in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 295(2)(a) shall be treated as having been acquired by the Qualifications Authority at the time when they were acquired by the Board.
(3)
The vesting of all the real and personal property of the Board in the Qualifications Authority pursuant to section 295(2)(a) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 296: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
Section 296(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 296(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 296(2)(a): amended, on 1 April 2005 (effective for 2005–06 income year and later income years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 296(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 296(2)(b): amended, on 1 April 2005 (effective for 2005–06 income year and later income years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
Section 296(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 296(2)(c): amended, on 1 April 2005 (effective for 2005–06 income year and later income years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).
297 Transitional provisions consequential on repeal of Universities Act 1961
(1)
Upon the commencement of this section,—
(a)
all real and personal property that, immediately before that commencement, was vested in the University Grants Committee other than property to which section 243(1) applies, is, by force of this subsection, vested in the Minister subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the Minister becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities and obligations of the University Grants Committee that existed immediately before that commencement.
(2)
Where any land vests in the Minister under subsection (1), the District Land Registrar for the land registration district in which the land is situated, on the deposit with him or her of such plans and documents as he or she may require, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of that subsection.
(3)
The Minister may, by writing signed by the Minister, declare that a specified debt, liability, or obligation referred to in subsection (1)(b) is to be assumed by the Vice-Chancellors Committee or the Qualifications Authority and thereupon that debt, liability or obligation becomes a debt, liability or obligation of that Committee or Authority, as the case may be, and ceases to be a debt, liability or obligation of the Minister.
(4)
Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the commencement of this section to which the University Grants Committee was a party has effect after that commencement as if—
(a)
the Minister is substituted for the Committee as a party to the contract, other instrument or proceeding; and
(b)
any reference in the contract or other instrument, or in a pleading, affidavit or other document in the proceeding, to the Committee in its capacity as a party to the contract, other instrument or proceeding is (except in relation to matters that occurred before that commencement) a reference to the Minister.
(5)
Any rulings, decisions, or other acts of authority of the University Grants Committee, or of any committee of the University Grants Committee, or of the Universities Entrance Board, or of any committee of the Universities Entrance Board, to the extent to which they were subsisting immediately before the commencement of this section and are capable of being repealed, replaced, or amended by an appropriate body established under this Act, continue in force after that commencement, so far as they are capable of operation and with any necessary modifications, as if they had been duly made, given, or done by that body.
(6)
Where, but for the repeal of the Universities Act 1961, the Chairman of the University Grants Committee would, by virtue of his or her office, have been—
(a)
a trustee of any trust established by an Act, other than a trust of which a member of the Vice-Chancellors Committee is a trustee; or
(b)
a member of any board, committee, authority, or other body, established by an Act, other than a board, committee, authority, or other body, of which a member of the Vice-Chancellors Committee is a member,—
the Chairperson of the Vice-Chancellors Committee is, by force of this subsection, a trustee of that trust or a member of that board, committee, authority or other body, as the case may be, in place of the Chairman of the University Grants Committee.
(7)
Where, but for the repeal of the Universities Act 1961, the University Grants Committee would have had power to appoint a person to be—
(a)
a trustee of any trust established by an Act, other than a trust of which a member of the Vice-Chancellors Committee is a trustee; or
(b)
a member of any board, committee, authority, or other body, established by an Act, other than a board, committee, authority, or other body, of which a member of the Vice-Chancellors Committee is a member,—
the Chairperson of the Vice-Chancellors Committee is, by force of this subsection, a trustee of that trust or a member of that board, committee, authority, or other body, as the case may be, and, if a person was such a trustee or member immediately before the commencement of this section by virtue of such an appointment, that appointment shall be deemed to have terminated upon that commencement.
(8)
Notwithstanding the repeal of the Universities Act 1961,—
(a)
sections 18, 25, 32, and 37 of that Act continue to apply in respect of any financial year in respect of which those sections had not been complied with before the commencement of this section but so apply as if the period that commenced on 1 January 1990 and ended immediately before that commencement was a financial year; and
(b)
section 44 of that Act continues to apply in relation to the exercise of any functions of the Universities Entrance Board before the commencement of this section that have not been the subject of a report by the Board under that section; and
(c)
the University Grants Committee continues in existence for the purpose only of complying with sections 18(3) and 25(1) of that Act as those sections apply by virtue of paragraph (a); and
(d)
the Curriculum Committee of the University Grants Committee continues in existence for the purpose only of furnishing a report or reports in accordance with section 32 of that Act as that section applies by virtue of paragraph (a) but any such report shall be furnished to the Minister and not to the University Grants Committee; and
(e)
the Research Committee of the University Grants Committee continues in existence for the purpose only of furnishing a report or reports in accordance with section 37 of that Act as that section applies by virtue of paragraph (a) of this subsection but any such report shall be furnished to the Minister and not to the University Grants Committee; and
(f)
the Universities Entrance Board continues in existence for the purpose only of furnishing a report in accordance with section 44 of that Act as that section applies by virtue of paragraph (b) of this subsection but any such report shall be furnished only to the Minister.
(9)
The Secretary shall give to the University Grants Committee any assistance that is required for the purpose of complying with sections 18 and 25 of the Universities Act 1961 as those sections apply by virtue of subsection (8)(a) of this section and is responsible for paying any expenses incurred in respect of that compliance, including remuneration and expenses of members of the University Grants Committee.
(10)
The Qualifications Authority shall give to the Curriculum Committee of the University Grants Committee and to the Universities Entrance Board any assistance that is required for the purpose of complying with sections 32 and 44 of the Universities Act 1961 as those sections apply by virtue of paragraph (a) or paragraph (b) of subsection (8) of this section, as the case may be, and is responsible for paying any expenses incurred in respect of that compliance, including remuneration and expenses of members of the Curriculum Committee or of the Universities Entrance Board.
(11)
[Repealed]Section 297: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
Section 297(11): repealed, on 1 January 2003, by section 45(2)(b) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
298 Taxes and duties in relation to certain property of former University Grants Committee
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the University Grants Committee and the Minister shall be deemed to be the same person with effect on and from the date on which real and personal property of that Committee vests in the Minister pursuant to section 297(1)(a); and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which real and personal property of the University Grants Committee so vests in the Minister, all transactions entered into by, and acts of, that Committee in relation to that property before the vesting effected by section 297(1)(a) shall be deemed to have been entered into by, or to be those of, the Minister and to have been entered into or performed by the Minister at the time when they were entered into or performed by that Committee.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by the University Grants Committee in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 297(1)(a) shall, if the shares vest under that section in the Minister, be treated as having been acquired by the Minister at the time when they were acquired by that Committee.
(3)
The vesting of real and personal property of the University Grants Committee in the Minister pursuant to section 297(1)(a) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purposes of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 298: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
Section 298(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 298(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 298(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 298(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 298(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 298(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 298(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
299 Transitional provisions consequential on repeal of Vocational Awards Act 1979
(1)
In this section, previous Authority means the Authority for Advanced Vocational Awards that was constituted under the Vocational Awards Act 1979.
(2)
Upon the commencement of this section,—
(a)
all real and personal property that, immediately before that commencement, was vested in the previous Authority is, by force of this subsection, vested in the Qualifications Authority subject to all charges, encumbrances, estates, and interests, and the provisions of any enactment, affecting that property; and
(b)
the Qualifications Authority becomes, by force of this subsection, liable to pay and discharge all the debts, liabilities and obligations of the previous Authority that existed immediately before that commencement.
(3)
Where any land vests in the Qualifications Authority under subsection (2), the District Land Registrar for the land registration district in which the land is situated, on the deposit with him or her of such plans and documents as he or she may require, shall make such entries in the register, and generally do all such other things, as may be necessary to give full effect to the provisions of that subsection.
(4)
Any contract or other instrument (other than a contract of, or instrument relating to, employment) subsisting, or any proceeding pending, immediately before the commencement of this section to which the previous Authority was a party has effect on and after that commencement as if—
(a)
the Qualifications Authority is substituted for the previous Authority as a party to the contract, other instrument or proceeding; and
(b)
any reference in the contract or other instrument, or in a pleading, affidavit, or other document in the proceeding, to the previous Authority in its capacity as a party to the contract, other instrument, or proceeding is (except in relation to matters that occurred before the commencement) a reference to the Qualifications Authority.
(5)
All regulations, rulings, decisions, and other acts of authority of the previous Authority, so far as they were subsisting immediately before the commencement of this section, continue in force as if they were regulations, rulings, decisions, and other acts of authority, respectively, of the Qualifications Authority.
(6)
Notwithstanding the repeal of the Vocational Awards Act 1979,—
(a)
sections 21(2) and 22(2) of that Act continue to apply in respect of each financial year in respect of which those sections had not been complied with before the commencement of this section but so apply as if the period that commenced on 1 April 1990 and ended immediately before that commencement was a financial year; and
(b)
every Course Committee that was established under section 4 of that Act shall, as soon as practicable after the commencement of this section, forward a report to the previous Authority on its activities for the period that commenced on 1 March 1990 and ended immediately before the commencement of this section; and
(c)
the previous Authority and each Course Committee continue in existence for the purpose only of complying with paragraphs (a) and (b).
(7)
The Qualifications Authority shall give to the previous Authority and a Course Committee any assistance that the previous Authority or Course Committee requires for the purpose of complying with its obligations under or arising by virtue of subsection (6) and is responsible for paying any expenses incurred by the previous Authority or Course Committee (including remuneration and expenses of members of the previous Authority or Course Committee) in so complying.
Section 299: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
299A Transitional and savings provisions relating to councils of tertiary institutions consequential on enactment of Education Amendment Act 2015
[Repealed]Section 299A: repealed, on 1 April 2020, by section 68 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
299B Transitional and savings provisions relating to other matters consequential on enactment of Education Amendment Act 2015
The transitional and savings provisions relating to other matters set out in Schedule 20 have effect for the purposes of the Education Amendment Act 2015.
Section 299B: inserted, on 1 July 2015, by section 39(2) of the Education Amendment Act 2015 (2015 No 1).
300 Taxes and duties in relation to property of former Authority for Advanced Vocational Awards
(1)
For the purposes of the Acts specified in the Schedule of the Tax Administration Act 1994 and any other enactment that imposes, or provides for the collection of, a tax, duty, levy, or other charge—
(a)
the previous Authority referred to in section 299(1) (in this section referred to as the previous Authority) and the Qualifications Authority shall be deemed to be the same person with effect on and from the date on which the real and personal property of the previous Authority vests in the Qualifications Authority pursuant to that section; and
(b)
in respect of the liability under any such enactment for, and the assessment, determination, or imposition of, taxes, duties, levies, or other charges accruing on and from the day on which the real and personal property of the previous Authority so vests in the Qualifications Authority, all transactions entered into by, and acts of, the previous Authority before the vesting effected by section 299(2)(a) shall be deemed to have been entered into by, or to be those of, the Qualifications Authority and to have been entered into or performed by that Authority at the time when they were entered into or performed by the previous Authority.
(2)
For the purposes of determining whether—
(a)
any taxpayer satisfies the requirements of section IA 5(2) of the Income Tax Act 2007; or
(b)
any taxpayer is included in a group of companies or a wholly-owned group for the purposes of section IA 6 of the Income Tax Act 2007; or
(c)
any debit arises to be recorded in a taxpayer’s imputation credit account under section OB 41 of the Income Tax Act 2007, or in a taxpayer’s FDP account under section OC 24 of that Act, or in a taxpayer’s branch equivalent tax account under section OE 15 of that Act,—
shares held by the previous Authority in any company (whether directly or through any 1 or more interposed companies) immediately before the vesting effected by section 299(2)(a) shall be treated as having been acquired by the Qualifications Authority at the time when they were acquired by the previous Authority.
(3)
The vesting of all the real and personal property of the previous Authority in the Qualifications Authority pursuant to section 299(2)(a) shall not be treated as a supply of any goods or services for the purposes of the Goods and Services Tax Act 1985, or as a disposition of property for the purpose of the Estate and Gift Duties Act 1968 or as a conveyance for the purposes of the Stamp and Cheque Duties Act 1971.
(4)
Nothing in subsection (2) or subsection (3) limits the generality of subsection (1).
Section 300: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
Section 300(1): amended, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 300(2)(a): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 300(2)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 300(2)(b): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 300(2)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 300(2)(c): replaced, on 1 April 1995 (applying with respect to tax on income derived in 1995–96 and subsequent income years), by section YB 1 of the Income Tax Act 1994 (1994 No 164).
Section 300(2)(c): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
301 Regulations
The Governor-General may, from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of Parts 13 to 24 and for the due administration of those provisions.
Section 301: inserted, on 23 July 1990, by section 46 of the Education Amendment Act 1990 (1990 No 60).
301A Change of names of education entities
(1)
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, do either or both of the following:
(a)
specify or change the name of any education entity whose name is to be specified under this section:
(b)
amend any enactment by omitting from it the name of any such education entity and substituting some other name.
(2)
An education entity established or continued by this Act does not cease to be such an entity merely because its name is changed under this section.
Section 301A: inserted, on 19 December 1998, by section 52 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Part 25 Student allowances and administration of student loans
Part 25: inserted, on 23 July 1990, by section 48 of the Education Amendment Act 1990 (1990 No 60).
Part 25 heading: amended, on 1 November 1999, by section 4 of the Education Amendment Act 1999 (1999 No 107).
302 Interpretation
In this Part of this Act, unless the context otherwise requires,—
allowance includes award, bursary, grant, and scholarship
Authority means a Student Allowance Appeal Authority appointed under section 304(1)
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
Secretary means the chief executive of the Ministry
student loan has the same meaning as in section 4(1) of the Student Loan Scheme Act 2011
student loan information means information held by the Ministry for the purposes of the administration of the student loan scheme under the Student Loan Scheme Act 2011.
Section 302: inserted, on 23 July 1990, by section 48 of the Education Amendment Act 1990 (1990 No 60).
Section 302 Authority: amended, on 14 November 2018, by section 65(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 302 member: repealed, on 14 November 2018, by section 65(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 302 Minister: inserted, on 1 January 1992, by section 2(6) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 302 Ministry: inserted, on 1 January 1992, by section 2(6) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 302 Secretary: inserted, on 1 January 1992, by section 2(6) of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 302 student loan: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 302 student loan information: inserted, on 1 November 1999, by section 5 of the Education Amendment Act 1999 (1999 No 107).
Section 302 student loan information: amended, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
303 Student allowances
(1)
The Governor-General may, by Order in Council, make regulations establishing allowances to help people pursue courses of education or training (in the case of courses of secondary education, whether within or outside New Zealand).
(2)
Every allowance shall—
(a)
be awarded in accordance with the regulations that established it; and
(b)
have an annual or other value from time to time set out in those regulations.
(3)
Regulations under subsection (1) may, in relation to the payment of allowances in respect of courses of study at registered private schools or private training establishments, apply to—
(a)
all such schools or establishments; or
(b)
registered private schools or private training establishments of a specified class or description only; or
(c)
particular schools or establishments.
(3A)
Regulations made under this section may be expressed to come into force, and may accordingly come into force, before the date on which they are made, but only if the regulations—
(a)
increase the value or maximum value of any allowance, or the rate or maximum rate at which any allowance may be paid; or
(b)
extend the class or classes of person entitled to receive an allowance, or entitled to be paid an allowance at any particular rate.
(3B)
The rates of student allowances set under this section (except the rates of allowances provided in respect of accommodation expenses) must be adjusted, by regulations made under subsection (1), as at 1 April each year so that in each case the new rate (after the deduction of standard tax) is the rate at that date (after the deduction of standard tax and before the adjustment under this section is made) adjusted by an amount equal to the percentage movement upwards in the CPI between the CPI for the quarter ended with 31 December 1 year before the immediately preceding 31 December and the CPI for the quarter ended with the immediately preceding 31 December.
(3BA)
[Repealed](3C)
The adjustments (by any percentage movement upwards in the CPI) required under subsection (3B) as at 1 April in any year from 2011 to 2021 (inclusive) must, despite subsections (3B) and (3F), be calculated,—
(a)
if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the consumers price index-all groups published by Statistics New Zealand; and
(b)
if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the consumers price index-all groups excluding cigarettes and other tobacco products published by Statistics New Zealand.
(3D)
An adjustment under subsection (3B) must not reduce the weekly amounts of student allowances payable.
(3E)
Every adjustment made under subsection (3B) comes into force, or is considered to have come into force, on 1 April of the calendar year in which it is made, and applies to student allowances payable on and after that date.
(3F)
In this section,—
CPI means the consumers price index-all groups published by Statistics New Zealand
standard tax means the amount of tax reckoned on a weekly basis that would be withholdable in accordance with tax code “M”
stated in schedule 5, part A, clause 4, table row 1 of the Tax Administration Act 1994.
(4)
The power to make regulations under subsection (1) includes (and is deemed always to have included) power to make regulations—
(a)
authorising the Secretary, for the purposes of assessing the eligibility of any person for an allowance, to take into account the income of that person’s parents or spouse or partner:
(b)
defining the terms parent, spouse, partner, and any related terms, for the purposes of the regulations:
(c)
stating when and to what extent that income is to be taken into account.
(5)
Until regulations under this section set out the value of allowances established by the regulations, the allowances have the annual or other value prescribed by the Minister by notice in the Gazette.
(6)
[Repealed]Compare: 1964 No 135 s 203(2)
Section 303: inserted, on 23 July 1990, by section 48 of the Education Amendment Act 1990 (1990 No 60).
Section 303(2)(b): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 303(3A): inserted, on 17 May 2006, by section 47 of the Education Amendment Act 2006 (2006 No 19).
Section 303(3B): inserted, on 27 September 2010, by section 4 of the Education Amendment Act (No 2) 2010 (2010 No 103).
Section 303(3BA): repealed, on 30 April 2016, by section 303(6).
Section 303(3C): inserted, on 27 September 2010, by section 4 of the Education Amendment Act (No 2) 2010 (2010 No 103).
Section 303(3C): amended, on 31 May 2016, by section 7 of the Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 (2016 No 25).
Section 303(3C): amended, on 24 October 2012, by section 3 of the Education (Student Allowances Indexation—Budget Measures) Amendment Act 2012 (2012 No 79).
Section 303(3D): inserted, on 27 September 2010, by section 4 of the Education Amendment Act (No 2) 2010 (2010 No 103).
Section 303(3E): inserted, on 27 September 2010, by section 4 of the Education Amendment Act (No 2) 2010 (2010 No 103).
Section 303(3F): inserted, on 27 September 2010, by section 4 of the Education Amendment Act (No 2) 2010 (2010 No 103).
Section 303(3F) standard tax: amended, on 1 April 2019, by section 259 of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
Section 303(4): inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 303(4)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 303(4)(b): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 303(5): inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 303(6): repealed, on 30 April 2016, by section 303(6).
304 Student Allowance Appeal Authorities
(1)
The Minister may appoint 1 or more Student Allowance Appeal Authorities and may give the Authorities distinctive designations and from time to time change any designation.
(2)
The function of an Authority is to hear appeals in accordance with section 305.
(3)
An Authority comprises a person appointed by the Minister for a term of up to 5 years from the date of his or her appointment, and any person may be reappointed.
(4)
An Authority continues in office despite the expiry of his or her term of office until—
(a)
the Authority is reappointed; or
(b)
the Authority’s successor is appointed; or
(c)
the Authority is notified that a replacement Authority will not be appointed; or
(d)
the Authority vacates or is removed from office.
(5)
An Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as an Authority during that period for the purpose of—
(a)
completing any appeal partly or wholly heard by the Authority before the expiry of the person’s term of office:
(b)
hearing any other appeal.
(6)
An Authority who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any appeal that is partly or wholly heard.
Section 304: replaced, on 14 November 2018, by section 66 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
304A Other provisions relating to Student Allowance Appeal Authorities
(1)
Any person who is an Authority may, at any time,—
(a)
be removed from office by the Minister by notice in the Gazette for inability to adequately perform the duties of office, bankruptcy, neglect of duty, or misconduct, proved to the Minister’s satisfaction; and
(b)
resign his or her office by written notice to the Minister.
(2)
An Authority is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
(3)
A person is entitled to receive—
(a)
remuneration by way of fees, salary, or allowances, for his or her services as an Authority:
(b)
payment of travelling allowances or expenses in respect of time spent travelling, or in connection with the person’s function, as an Authority.
(4)
An Authority is not personally liable for any act done or omitted to be done by him or her in good faith in the performance or exercise, or intended performance or exercise, of his or her functions, duties, or powers under this Act.
Section 304A: inserted, on 14 November 2018, by section 66 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
304B Appointment of temporary acting Authority
(1)
If an Authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an Authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as an acting Authority for the period or purpose stated in the appointment.
(2)
No person may be appointed as an acting Authority unless he or she is eligible for appointment as an Authority.
(3)
An acting Authority is, while acting in the position, to be treated as an Authority.
(4)
No appointment of an acting Authority and no act done by an acting Authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
Section 304B: inserted, on 14 November 2018, by section 66 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
304C Orderly and efficient operation
An Authority is responsible for making any arrangements that are practicable to ensure that he or she performs his or her functions—
(a)
in an orderly and efficient manner; and
(b)
in a way that achieves the purposes of this Act.
Section 304C: inserted, on 14 November 2018, by section 66 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
305 Appeals
(1)
This subsection applies to every decision under this Act (being a decision that the person or body making it had power to make in some other way)—
(a)
fixing the amount of any allowance; or
(b)
declining to award an allowance to any person; or
(c)
approving as a full-time programme for any person in any year any specified part of a course of study; or
(d)
refusing to approve as a full-time programme in any year any part of a course of study for any person; or
(e)
refusing to extend the period in respect of which any person may receive payments under any allowance; or
(f)
refusing to recognise the amount of work passed in any year by any person as being sufficient to entitle the person to the reinstatement of any allowance; or
(g)
refusing to recognise any qualification or amount of work gained or passed by any person as being equivalent to any other qualification or amount of work.
(2)
Where any person enrolled or intending to enrol at a tertiary institution is aggrieved by a decision to which subsection (1) applies, being a decision the making of which has been delegated to an employee of the Ministry by the Secretary, that person may request the Secretary to review that decision; and in that case the Secretary shall review that decision and shall either—
(a)
confirm it; or
(b)
substitute for it any other decision that the person or body that made it might have made.
(2A)
An application for a review under subsection (2) must be brought within 3 months after the person receives notification of the decision, or (if the Secretary considers there is good reason for the delay) within such further period as the Secretary may allow on application made either before or after the expiration of that period of 3 months.
(3)
Where any person is aggrieved by—
(a)
the decision by the Secretary under subsection (2)(a) to confirm any decision relating to the person; or
(b)
any decision relating to the person substituted by the Secretary under subsection (2)(b) for any other decision; or
(c)
any decision relating to the person made by the Secretary (other than by an employee of the Ministry under delegation) to which subsection (1) applies—
the person may appeal against the decision; and in that case an Authority shall consider the appeal and, in the light of all the circumstances it considers relevant, shall either—
(d)
confirm the decision; or
(e)
substitute for it any other decision that the Secretary might have made,—
and the confirmation or decision shall have effect as if it were the decision of the Secretary.
(3A)
An Authority may strike out, in whole or in part, an appeal if satisfied that it—
(a)
discloses no reasonable cause of action; or
(b)
is likely to cause prejudice or delay; or
(c)
is frivolous or vexatious; or
(d)
is otherwise an abuse of process.
(4)
Every decision of an Authority shall be accompanied by written reasons for it.
(5)
When substituting for any decision of the Secretary any other decision that the Secretary might have made, an Authority may (if it thinks that in all the circumstances to do so would be appropriate) require the Secretary to pay a sum fixed by the Authority, being all or part of the costs incurred by the Authority in hearing the appeal; and in that case the Secretary shall cause that sum to be paid to the chief executive of the Ministry of Justice.
(6)
An Authority may order that any part of the evidence given or the name of any witness not be published.
(7)
An order may be made subject to any conditions that the Tribunal considers appropriate.
(8)
A person who breaches an order made under subsection (6) is liable on conviction to a fine not exceeding $3,000.
Section 305: inserted, on 23 July 1990, by section 48 of the Education Amendment Act 1990 (1990 No 60).
Section 305(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 305(2A): inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 305(3): amended, on 14 November 2018, by section 67(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(3)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 305(3A): inserted, on 14 November 2018, by section 67(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(4): amended, on 14 November 2018, by section 67(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(5): amended, on 14 November 2018, by section 67(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(5): amended, on 1 October 2003, pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
Section 305(6): inserted, on 14 November 2018, by section 67(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(7): inserted, on 14 November 2018, by section 67(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 305(8): inserted, on 14 November 2018, by section 67(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
306 Procedures to be prescribed
(1)
The Governor-General may from time to time, by Order in Council, make regulations prescribing how—
(a)
appeals are to be made to an Authority; and
(b)
an Authority is to deal with appeals and conduct its proceedings.
(2)
An Authority may regulate his or her procedures as he or she thinks fit, subject to—
(a)
this Act and any regulations made under it; and
(b)
any practice notes issued under section 306AA.
(3)
The Ministry of Justice shall provide for all the Authorities all administrative and secretarial services necessary to enable them to perform their functions.
Section 306: inserted, on 23 July 1990, by section 48 of the Education Amendment Act 1990 (1990 No 60).
Section 306(1)(a): amended, on 14 November 2018, by section 68(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(1)(b): amended, on 14 November 2018, by section 68(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(2): replaced, on 14 November 2018, by section 68(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(3): amended, on 14 November 2018, by section 68(4)(a) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(3): amended, on 14 November 2018, by section 68(4)(b) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(3): amended, on 14 November 2018, by section 68(4)(c) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 306(3): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
306AA Practice notes
(1)
All Authorities acting together may issue practice notes, to apply to all of them, as they think fit.
(2)
The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of an Authority, officers of an Authority, and parties before an Authority.
Section 306AA: inserted, on 14 November 2018, by section 69 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
306AB Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
(a)
information about the purpose of the Authorities and how to commence an appeal:
(b)
any requirements that must be met for an appeal:
(c)
guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
Section 306AB: inserted, on 29 October 2019, by section 70 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
306AC Online publication of written decisions
(1)
Every written decision of an Authority must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
(2)
A written decision may be published in part if there is good reason for not publishing the full decision.
(3)
Subsections (1) and (2) are subject to section 305(6).
(4)
Good reason not to publish a decision, or part of it, includes the following:
(a)
non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
(b)
the decision falls into a category of decisions that are of limited public value:
(c)
taking into account the presumption in subsection (1) in favour of publication, an Authority nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
(5)
In this section, written decision means a written decision that determines, or substantially determines, the outcome of proceedings in an Authority.
Section 306AC: inserted, on 29 October 2019, by section 70 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
306A Disclosure of enrolment information by secondary schools
The provisions of section 226A apply to any secondary school as if such a school were an institution within the meaning of that section.
Section 306A: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
307 Recipients of allowances or student loans, and other persons, may be required to provide information
(1)
In this section and sections 307AAA and 307AA,—
change in the recipient’s circumstances includes a change in another person’s circumstances that—
(a)
the recipient knows about; and
(b)
the recipient knows materially affects his or her entitlement to a statutory allowance or student loan, or a particular rate of statutory allowance or a particular amount of a student loan
non-recipient means a person who is not a recipient, and—
(a)
includes a person who is acting in his or her official capacity as an officer or employee of a department of State or public body; but
(b)
does not include a person acting in his or her capacity as an officer of a court
recipient means a person who holds, has at any time held, or has at any time applied for, a statutory allowance or a student loan
statutory allowance means an allowance established by regulations under section 303.
(2)
Regulations under section 303 may require officials of institutions at which any statutory allowance established by the regulations is or has at any time been tenable to give the Secretary either or both of the following:
(a)
information about payments made under the regulations to or in respect of recipients enrolled or formerly enrolled at the institution:
(b)
statistical or other information relating to payments made under the regulations to or in respect of recipients enrolled or formerly enrolled at the institution, whether—
(i)
in general; or
(ii)
in relation to recipients of a particular class or description; or
(iii)
in relation to a particular recipient or particular recipients.
(3)
The Secretary (or any person authorised for the purpose by the Secretary) may, by written notice to any recipient, require the recipient to do all or any of the following things:
(a)
produce to the Secretary (or authorised person) any papers, documents, records, or other things, relevant to the recipient’s entitlement at any time—
(i)
to a statutory allowance or student loan; or
(ii)
to be paid a statutory allowance at a particular rate or any amount of a student loan,—
that are in the person’s possession or under the person’s control:
(b)
allow copies of any such papers, documents, or records to be made:
(c)
give the Secretary (or authorised person) any information or particulars relevant to the recipient’s entitlement at any time—
(i)
to a statutory allowance or student loan; or
(ii)
to be paid a statutory allowance at a particular rate or any amount of a student loan,—
that is required by the Secretary (or the authorised person).
(4)
The Secretary (or any person authorised for the purpose by the Secretary) may investigate the circumstances at any time of any recipient so far as they may relate to the recipient’s entitlement at any time—
(a)
to a statutory allowance or student loan; or
(b)
to be paid a statutory allowance at a particular rate or any amount of a student loan.
(5)
A recipient or non-recipient who is asked questions during an investigation under subsection (4) must answer the questions.
(6)
A recipient must notify the Secretary, as soon as practicable, of any change in the recipient’s circumstances that materially affects his or her entitlement at any time—
(a)
to a statutory allowance or student loan; or
(b)
to be paid a statutory allowance at a particular rate or a particular amount of a student loan.
(6A)
[Repealed](7)
[Repealed]Section 307: replaced, on 19 December 1998, by section 53 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 307 heading: amended, on 20 May 2010, by section 64(1) of the Education Amendment Act 2010 (2010 No 25).
Section 307 heading: amended, on 1 November 1999, by section 6 of the Education Amendment Act 1999 (1999 No 107).
Section 307(1): amended, on 20 May 2010, by section 64(2) of the Education Amendment Act 2010 (2010 No 25).
Section 307(1) change in the recipient’s circumstances: inserted, on 20 May 2010, by section 64(3) of the Education Amendment Act 2010 (2010 No 25).
Section 307(1) non-recipient: inserted, on 20 May 2010, by section 64(3) of the Education Amendment Act 2010 (2010 No 25).
Section 307(1) recipient: amended, on 1 November 1999, by section 6(1) of the Education Amendment Act 1999 (1999 No 107).
Section 307(3)(a)(i): amended, on 1 November 1999, by section 6(2)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 307(3)(a)(ii): amended, on 1 November 1999, by section 6(2)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 307(3)(c)(i): amended, on 1 November 1999, by section 6(2)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 307(3)(c)(ii): amended, on 1 November 1999, by section 6(2)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 307(4)(a): amended, on 1 November 1999, by section 6(2)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 307(4)(b): amended, on 1 November 1999, by section 6(2)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 307(5): replaced, on 1 November 1999, by section 6(3) of the Education Amendment Act 1999 (1999 No 107).
Section 307(5): amended, on 20 May 2010, by section 64(4) of the Education Amendment Act 2010 (2010 No 25).
Section 307(6): replaced, on 20 May 2010, by section 64(5) of the Education Amendment Act 2010 (2010 No 25).
Section 307(6A): repealed, on 20 May 2010, by section 64(5) of the Education Amendment Act 2010 (2010 No 25).
Section 307(7): repealed, on 20 May 2010, by section 64(5) of the Education Amendment Act 2010 (2010 No 25).
307AAA Suspension or refusal for not providing information
(1)
The Secretary may do whichever of the following the case requires, if he or she is satisfied that a recipient or non-recipient has, without reasonable cause, failed or refused to comply with a requirement under section 307(3) or to comply with section 307(5) and, in the case of a recipient, that the recipient has been warned of the consequence of the failure or refusal and given the opportunity to show reasonable cause or answer the question:
(a)
suspend any statutory allowance held by the recipient, whether granted before or after the failure or refusal:
(b)
refuse to grant any statutory allowance, or refuse to advance any student loan, to the recipient, whether or not the recipient may appear to be entitled to be granted the allowance or advanced the loan.
(2)
Despite subsection (1), the recipient must be given an opportunity to provide the information sought before any action is taken in respect of him or her under subsection (1), if the failure or refusal to comply is by a non-recipient.
(3)
Payments must not be made under a statutory allowance while it is suspended under subsection (1).
Section 307AAA: inserted, on 20 May 2010, by section 65 of the Education Amendment Act 2010 (2010 No 25).
307AA Offences concerning allowances and student loans
(1)
A person commits an offence against this Act, and is liable on conviction to a fine not exceeding $2,000, who, in response to a requirement under subsection (3) or a question asked under subsection (5) of section 307, knowingly—
(a)
makes a false or misleading statement; or
(b)
makes a statement from which any material matter has been omitted; or
(c)
provides any false or misleading paper, document, or record; or
(d)
provides a paper, document, or record from which any material matter has been omitted.
(2)
A recipient or non-recipient commits an offence against this Act and is liable on conviction to a fine not exceeding $2,000 who refuses to comply with section 307(5).
(2A)
A recipient commits an offence and is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000 if he or she, for the purpose of receiving or continuing to receive a statutory allowance or student loan, or a statutory allowance at a particular rate or any amount of a student loan, other than that to which he or she is entitled,—
(a)
knowingly makes a false or misleading statement in an application for a statutory allowance or student loan; or
(b)
knowingly makes a false or misleading statement in a notification of a change in the recipient’s circumstances that materially affects his or her entitlement at any time—
(i)
to a statutory allowance or student loan; or
(ii)
to be paid a statutory allowance at a particular rate or a particular amount of a student loan; or
(c)
wilfully fails to comply with section 307(6).
(3)
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this section ends on the date that is 12 months after the date on which the offence was brought to the Ministry’s attention.
Section 307AA: inserted, on 19 December 1998, by section 53 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 307AA heading: amended, on 1 November 1999, by section 7 of the Education Amendment Act 1999 (1999 No 107).
Section 307AA(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 307AA(1): amended, on 20 May 2010, by section 66(1) of the Education Amendment Act 2010 (2010 No 25).
Section 307AA(2): replaced, on 20 May 2010, by section 66(2) of the Education Amendment Act 2010 (2010 No 25).
Section 307AA(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 307AA(2A): replaced, on 20 May 2010, by section 66(2) of the Education Amendment Act 2010 (2010 No 25).
Section 307AA(2A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 307AA(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
307AB Allowances identified by Gazette notice
(1)
The Minister may, by notice in the Gazette, identify either or both of the following as an allowance to which this section applies:
(a)
any allowance paid to students otherwise than under an enactment:
(b)
any money paid under any agreement entered into under section 139E.
(2)
Subsection (1) applies whether the allowance or money referred to in that subsection first became payable before or after 17 May 2006.
Section 307AB: replaced, on 20 September 2007, by section 6 of the Education Amendment Act 2007 (2007 No 52).
307AC Bonded scholarships
(1)
The Minister may, by notice in the Gazette, declare that any allowance to which section 307AB applies is a bonded scholarship.
(2)
The effect of declaring an allowance to be a bonded scholarship is that, under section 7 of the Student Loan Scheme Act 2011, the Student Loan Scheme Act 2011 applies to enable the recovery of money in accordance with the terms of the scholarship.
Section 307AC: inserted, on 17 May 2006, by section 50 of the Education Amendment Act 2006 (2006 No 19).
Section 307AC(1): replaced, on 20 September 2007, by section 7(1) of the Education Amendment Act 2007 (2007 No 52).
Section 307AC(2): amended, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).
Section 307AC(2): amended, on 20 September 2007, by section 7(2) of the Education Amendment Act 2007 (2007 No 52).
307A Use of student allowance information for purposes of Social Security Act 2018
(1)
In this section, unless the context otherwise requires,—
allowance means an allowance established by regulations under section 303 or identified by Gazette notice under section 307AB
allowance information means any information held by the Ministry about a person who has applied for or has been granted an allowance
beneficiary means any person who is receiving, or has received, any benefit; and includes an applicant for a benefit
beneficiary information means information held by the department about a beneficiary
benefit means any of the following:
(a)
a benefit as defined in Schedule 2 of the Social Security Act 2018:
(b)
a funeral grant lump sum payable under section 90 of that Act:
(c)
any special assistance payable under a programme approved under section 100 or 101 of that Act
department means the department for the time being responsible for the administration of the Social Security Act 2018
tax file number has the same meaning as in section YA 1 of the Income Tax Act 2007.
(2)
During any period in which the Ministry and the department are the same department,—
(a)
allowance information, beneficiary information, and student loan information may be held on the same system or systems within that department:
(b)
allowance information about any person and beneficiary information and student loan information about the same person may be held on the same file within that department:
(c)
allowance information about any person may be used by the department for the purposes of verifying—
(i)
the entitlement or eligibility of any person to or for any benefit or student loan; or
(ii)
the amount of any benefit, or any amount of a student loan, to which any person is or was entitled or for which any person is or was eligible:
(d)
beneficiary information about any person may be used by the department for the purposes of verifying—
(i)
the entitlement or eligibility of any person to or for any allowance or student loan; or
(ii)
the amount of any allowance or student loan to which any person is or was entitled or for which any person is or was eligible:
(da)
student loan information about any person may be used by the department for the purposes of verifying—
(i)
the entitlement or eligibility of any person to or for any allowance or benefit; or
(ii)
the amount of any allowance or benefit to which any person is or was entitled or for which any person is or was eligible:
(e)
allowance information, beneficiary information, and student loan information about any person may be used by the department—
(i)
for the purpose of recovering from that person any amount for which that person is indebted to the Crown; or
(ii)
for the purpose of prosecuting that person for any offence; or
(iii)
for the purpose of imposing any pecuniary penalty,—
in respect of the payment to that person of an allowance or benefit, or the payment to that person of an allowance or benefit at a rate, to which he or she was not entitled.
Section 307A: replaced, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 307A heading: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307A(1) allowance: amended, on 17 May 2006, by section 51 of the Education Amendment Act 2006 (2006 No 19).
Section 307A(1) benefit: replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307A(1) department: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307A(1) tax file number: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Section 307A(2)(a): amended, on 1 November 1999, by section 8(1)(a) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(b): amended, on 1 November 1999, by section 8(1)(b) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(c)(i): amended, on 1 November 1999, by section 8(1)(c) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(c)(ii): amended, on 1 November 1999, by section 8(1)(d) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(d)(i): amended, on 1 November 1999, by section 8(1)(e) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(d)(ii): amended, on 1 November 1999, by section 8(1)(e) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(da): inserted, on 1 November 1999, by section 8(2) of the Education Amendment Act 1999 (1999 No 107).
Section 307A(2)(e): amended, on 20 May 2010, by section 67 of the Education Amendment Act 2010 (2010 No 25).
Section 307A(2)(e): amended, on 1 November 1999, by section 8(1)(f) of the Education Amendment Act 1999 (1999 No 107).
307B Recovery of debts
(1)
This section applies to any person who is indebted to the Crown in respect of the payment to that person of an allowance, or the payment to that person of an allowance at a rate, or the payment to that person of any amount of a student loan or other money, to which he or she was not or is no longer entitled.
(2)
The Secretary is entitled to recover the amount of the debt—
(a)
in the case of an allowance debt, by deduction from—
(i)
any allowance; or
(ii)
any benefit under the Social Security Act 2018 to which that person may become subsequently entitled; or
(aa)
in the case of a student loan debt, by deduction from—
(i)
any allowance (including any case where the living costs have already been paid under the loan for the period to which the debt relates); or
(ii)
any benefit under the Social Security Act 2018 to which that person may become subsequently entitled; or
(ab)
in the case of a debt described in regulations made under section 444 of the Social Security Act 2018, by deduction from any allowance; or
(b)
at the suit of the Secretary; or
(c)
by deduction notice under regulations made under section 444 of the Social Security Act 2018.
(3)
For the purposes of subsection (2)(c), regulations made under section 444 of the Social Security Act 2018 apply with any necessary modifications.
Section 307B: inserted, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).
Section 307B(1): replaced, on 1 November 1999, by section 9(1) of the Education Amendment Act 1999 (1999 No 107).
Section 307B(2)(a): replaced, on 1 November 1999, by section 9(2) of the Education Amendment Act 1999 (1999 No 107).
Section 307B(2)(a)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307B(2)(aa): inserted, on 1 November 1999, by section 9(2) of the Education Amendment Act 1999 (1999 No 107).
Section 307B(2)(aa)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307B(2)(ab): inserted, on 1 November 1999, by section 9(2) of the Education Amendment Act 1999 (1999 No 107).
Section 307B(2)(ab): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307B(2)(ab): amended, on 20 August 2012, by section 28(2) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).
Section 307B(2)(c): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 307B(3): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
307C Ministry may carry out information matching of student loan information
[Repealed]Section 307C: repealed, on 1 April 2007, by section 42 of the Student Loan Scheme Amendment Act 2007 (2007 No 13).
307D Details of academic performance
(1)
The Ministry of Education may, on request by the Ministry (as defined in section 302), supply details of the academic performance of any person for the purpose of verifying—
(a)
the entitlement or eligibility of the person to or for any benefit, allowance, or student loan (as those terms are defined in section 226A); or
(b)
the amount of any benefit, allowance, or student loan (as so defined) to which any person is or was entitled or for which any person is or was eligible.
(2)
In this section, Ministry of Education means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of Part 13.
Section 307D: inserted, on 17 May 2006, by section 52(1) of the Education Amendment Act 2006 (2006 No 19).
Part 26 Early childhood education and care
Part 26: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Interpretation
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
308 Overview
This Part—
(a)
requires the licensing of service providers who operate early childhood education and care centres; and
(b)
allows, but does not require, the licensing of service providers who provide a home-based education and care service or a hospital-based education and care service; and
(c)
allows, but does not require, playgroups to be certificated; and
(d)
provides for the funding of licensed early childhood services and certificated playgroups; and
(e)
provides for the regulation of licensed early childhood services and certificated playgroups; and
(f)
provides for a range of other matters generally in relation to early childhood education and care, including administration, curriculum, Police vetting of employees, powers of entry, and offences.
Section 308: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
309 Interpretation
In this Part, unless the context otherwise requires,—
early childhood education and care centre has the meaning set out in section 310
early childhood service means an early childhood education and care centre, home-based education and care service, or hospital-based education and care service
foreign student has the same meaning as in section 2(1)
home-based education and care service—
(a)
means the provision of education or care, for gain or reward, to children who are under the age of 5 years, or who are 5 years of age but not enrolled in school, in—
(i)
the children’s own home; or
(ii)
the home of the person providing the education or care; or
(iii)
any other home nominated by the parents of the children; and
(b)
includes the provision of education or care to any child of the person providing the service who is—
(i)
under the age of 5 years; or
(ii)
5 years of age but not enrolled in school
hospital-based education and care service means the provision of education or care to 3 or more children under the age of 6 who are receiving hospital care within the meaning of section 4(1) of the Health and Disability Services (Safety) Act 2001
licensed early childhood education and care centre means an early childhood education and care centre in respect of which the service provider holds a current licence issued under regulations made under section 317
licensed early childhood service means an early childhood service in respect of which the service provider holds a current licence issued under regulations made under section 317
licensed home-based education and care service means a home-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 317
licensed hospital-based education and care service means a hospital-based education and care service in respect of which the service provider holds a current licence issued under regulations made under section 317
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
playgroup means a group that meets on a regular basis to facilitate children’s play and in respect of which—
(a)
no child attends for more than 4 hours on any day; and
(b)
more than half the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and
(c)
the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time
Secretary means the chief executive of the Ministry
service provider means each of the following:
(a)
in relation to an early childhood education and care centre, the body, agency, or person who or that operates the centre:
(b)
in relation to a home-based education and care service, the body, agency, or person who or that arranges, or offers to arrange, that education or care:
(c)
in relation to a hospital-based education and care service, the body, agency, or person who or that provides that education or care:
(d)
in relation to a playgroup, the person or persons who operate the playgroup
unsupervised access to children, in relation to a licensed early childhood service, means access to any child 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 service on whom a satisfactory Police vet has been conducted within the last 3 years:
(c)
a parent of the child.
Section 309: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 309 home-based education and care service: replaced, on 29 October 2016, by section 37 of the Education Legislation Act 2016 (2016 No 72).
Section 309 hospital-based education and care service: replaced, on 20 May 2010, by section 68(1) of the Education Amendment Act 2010 (2010 No 25).
Section 309 playgroup: replaced, on 20 May 2010, by section 68(2) of the Education Amendment Act 2010 (2010 No 25).
Section 309 unsupervised access to children: inserted, on 20 May 2010, by section 68(3) of the Education Amendment Act 2010 (2010 No 25).
310 Meaning of early childhood education and care centre
(1)
In this Part, but subject to subsections (2) to (4), early childhood education and care centre means premises used regularly for the education or care of 3 or more children (not being children of the persons providing the education or care, or children enrolled at a school being provided with education or care before or after school) under the age of 6—
(a)
by the day or part of a day; but
(b)
not for any continuous period of more than 7 days.
(2)
Subject to subsections (3) and (4), premises of the following kind are not early childhood education and care centres:
(a)
registered schools (within the meaning of section 2(1)):
(b)
hostels (within the meaning of section 2(1)):
(c)
residences (within the meaning of section 2(1) of the Oranga Tamariki Act 1989):
(d)
institutions under the control of the Ministry of Health or a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000:
(e)
hospital care institutions (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001):
(f)
children’s health camps operated by an organisation funded by a state service to provide an education service to children attending health camps:
(g)
premises where all the children present are members of the same family in the care of a member of the family or members of the same family in the care of a caregiver who is not acting for gain or reward:
(h)
any premises, during any period of use for the education or care of children for any period not exceeding 4 hours a week in circumstances where the children’s parents or caregivers are—
(i)
in close proximity to the children and are able to be contacted; and
(ii)
able to resume responsibility for the children at short notice:
(ha)
any premises, during any period of use for the education or care of 3 or more children under the age of 6, none of whom attends for any period exceeding 2 hours per day, in circumstances where the children’s parents or caregivers are—
(i)
in close proximity to the children and are able to be contacted; and
(ii)
able to resume responsibility for the children at short notice:
(i)
any premises, during any period of use for the operation of a playgroup, licensed home-based education and care service, or hospital-based education and care service.
(3)
Despite subsection (2), premises are early childhood education and care centres if they are—
(a)
within premises of a kind described in any of paragraphs (a) to (h) or paragraph (i) of subsection (2); and
(b)
used regularly or principally for the education or care of 3 or more children under the age of 6 who are children of—
(i)
staff who work within premises of a kind described in any of paragraphs (a) to (h) or paragraph (i) of subsection (2); or
(ii)
persons attending premises of that kind as residents or students.
(4)
An early childhood education and care centre may be operated within the premises of a registered school; and its status as an early childhood education and care centre is not affected by the fact of its being operated within those premises.
Section 310: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 310(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 310(2)(f): replaced, on 24 October 2018, by section 18 of the Education Amendment Act 2018 (2018 No 40).
Section 310(2)(ha): inserted, on 21 December 2010, by section 34(1) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 310(3)(a): amended, on 21 December 2010, by section 34(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Section 310(3)(b)(i): amended, on 21 December 2010, by section 34(2) of the Education Amendment Act (No 3) 2010 (2010 No 134).
Funding
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
311 Funding of certain early childhood services and certificated playgroups
(1)
In each year, out of money appropriated by Parliament,—
(a)
the service provider for every licensed early childhood service—
(i)
must be paid general grants; and
(ii)
may be paid 1 or more discretionary grants; and
(b)
the service provider who operates a certificated playgroup—
(i)
may be paid general grants; and
(ii)
may be paid 1 or more discretionary grants; and
(c)
the management of any body corporate may be paid a discretionary grant for the purpose of establishing a licensed early childhood service or certificated playgroup.
(2)
The amount of every grant must be determined by the Minister.
(3)
The Minister may from time to time determine the means by which the amounts of grants may be calculated or ascertained; and—
(a)
different means may be determined in respect of—
(i)
grants of different classes or descriptions; and
(ii)
licensed early childhood services of different classes or descriptions and certificated playgroups; and
(b)
the amount of any grant may be determined accordingly; but
(c)
nothing in this subsection limits or affects the Minister’s power under subsection (2) to determine the amount of any grant.
(4)
Without limiting subsection (3), the Minister may determine that no grant is payable in respect of any foreign student attending a licensed early childhood service.
(5)
Any grant—
(a)
may be paid unconditionally, or subject to any conditions the Minister specifies in writing when the grant is paid or earlier; and
(b)
may be paid to be used for any purpose the service provider considers appropriate, or for only such purposes as the Minister specifies in writing when the grant is paid or earlier; and
(c)
may be withheld in whole or in part if the service provider fails to comply with any regulations made under section 317 or section 319 or any conditions of the licence or certificate.
(6)
The service provider must ensure that—
(a)
where a grant has been paid subject to conditions, the conditions are complied with; and
(b)
if a grant has been paid to be used only for purposes specified by the Minister under subsection (5)(b), the grant is used only for those purposes.
Section 311: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
311A Grants to licence-exempt centres
[Repealed]Section 311A: repealed, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
311B Reporting requirements if grant paid to licence-exempt centre
[Repealed]Section 311B: repealed, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
312 Loans to licensed early childhood services
The Minister may, on any terms and conditions the Minister considers appropriate, lend to the service provider for any licensed early childhood service public money appropriated by Parliament for the purpose.
Section 312: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Administration and curriculum
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
313 Administrative requirements
The service provider for every licensed early childhood service must keep, and make available to the Secretary on request,—
(a)
a register of the children who attend or have attended the service, specifying the date of birth of each; and
(b)
a record of the attendance of children at the service; and
(c)
a record of all fees and other charges paid in respect of children’s attendance at the service; and
(d)
evidence that parents of children attending the service have regularly examined the attendance record; and
(e)
any other records that are necessary to enable the service’s performance to be monitored adequately.
Section 313: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
314 Curriculum framework
(1)
The Minister may prescribe a curriculum framework for any or all of the following:
(a)
all licensed early childhood services:
(b)
all certificated playgroups:
(c)
all licensed early childhood services and certificated playgroups.
(2)
The Minister may not prescribe a curriculum framework or amend any prescribed curriculum framework, unless the Minister has consulted with those organisations that appear to the Minister to be representative of persons likely to be substantially affected by the curriculum framework or the amendment, as the case may be.
(3)
As soon as practicable after prescribing or amending a curriculum framework, the Minister must publish a notice in the Gazette —
(a)
stating that a curriculum framework has been prescribed or, as the case requires, amended; and
(b)
setting out the curriculum framework or the amendment to the curriculum framework in its entirety, or stating where or how a copy of the curriculum framework or the amendment to the curriculum framework can be obtained by members of the public.
(4)
Without limiting the generality of subsection (1), a notice under subsection (3) may—
(a)
specify different commencement dates for different provisions of the curriculum framework or for different purposes; and
(b)
specify a transitional period during which service providers may elect to comply with another specified curriculum requirement and specify a date on which service providers must comply with the curriculum framework.
(5)
If a curriculum framework is prescribed under this section, every service provider for a licensed early childhood service or who operates a certificated playgroup, and to whom that curriculum framework applies, must implement that curriculum framework in accordance with any requirements prescribed in regulations made under section 317 or section 319, as the case may be.
Section 314: replaced, on 17 May 2006, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 314(5): inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Licensing and certification provisions
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
315 Service providers operating early childhood education and care centres to be licensed
(1)
No service provider may operate an early childhood education and care centre unless that service provider is licensed to operate the centre under regulations made under section 317.
(2)
Every service provider who operates an early childhood education and care centre commits an offence if—
(a)
the service provider operates the early childhood education and care centre without holding a current licence under regulations made under section 317 authorising the operation of the centre; or
(b)
the service provider ceases to operate an early childhood education and care centre for which it holds a current licence under regulations made under section 317 authorising the operation of the centre, in circumstances other than an emergency, without first telling the Secretary that it will stop operating the centre; or
(c)
the service provider ceases to operate the early childhood education and care centre for which it holds a current licence under regulations made under section 317 authorising the operation of the centre, in circumstances involving an emergency, and fails to tell the Secretary as soon as is reasonably practicable after the closure.
(3)
An offence against subsection (2) is punishable on conviction,—
(a)
in the case of an offence under subsection (2)(a), by a fine not exceeding $200 for every day or part of a day on which the offence took place; or
(b)
in the case of an offence under subsection (2)(b) or (c), by a fine not exceeding $200.
(4)
This section is subject to section 319O.
Section 315: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 315(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
315AA Police vetting of contractors and their employees who work at early childhood services
[Repealed]Section 315AA: repealed, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
315AB Internal procedures relating to Police vets
[Repealed]Section 315AB: repealed, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
315A Payment of fees for attendance of children at kindergartens
[Repealed]Section 315A: repealed, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
316 Certain service providers may be licensed
A service provider for a home-based education and care service or a hospital-based education and care service may, but need not, apply for a licence under regulations made under section 317 in respect of the home-based education and care service or hospital-based education and care service provided by the service provider.
Section 316: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
317 Regulations relating to licensing
(1)
The Governor-General may, by Order in Council, make regulations providing for either or both of the following:
(a)
the licensing of service providers to provide early childhood services of any kind, and the transfer of licences:
(b)
regulating the management, operation, and control of licensed early childhood services of any kind, and imposing duties on service providers.
(2)
Regulations made under subsection (1) may (without limitation) do all or any of the following:
(a)
prescribe minimum standards relating to premises, facilities, programmes of education, practices in relation to children’s learning and development, staffing and parental or caregiver participation (including adult:child ratios), health and safety, practices in relation to behaviour management and limits on the use of physical restraint, implementation of the curriculum framework, communication and consultation with parents, the operation or administration of those services, or any of them, to be complied with to ensure the health, comfort, care, education, and safety of children attending licensed early childhood services:
(b)
authorise the Minister, after consultation with those organisations that appear to the Minister to be representative of persons likely to be substantially affected by these regulations, to prescribe criteria to be used by the Secretary to assess compliance with the minimum standards imposed by these regulations:
(c)
require the Secretary to publish a notice in the Gazette—
(i)
stating that criteria referred to in paragraph (b) have been prescribed; and
(ii)
setting out the criteria in their entirety, or stating where or how a copy of those criteria may be obtained by members of the public:
(d)
limit or regulate the numbers of children who may attend licensed early childhood education and care centres or any premises used to provide a licensed home-based education and care service, or a licensed hospital-based education and care service:
(e)
provide for the grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of licences of 1 or more specified kinds for service providers for each kind of early childhood service, and prescribe the conditions subject to which such licences may be granted, renewed or transferred and the fees payable in respect of the grant, renewal, and transfer of such licences, or do any of those things:
(f)
prescribe conditions governing, or that may be imposed in respect of, licensed early childhood services and the duties of their service providers:
(g)
prescribe the records to be kept by service providers in respect of children attending licensed early childhood education and care centres, licensed home-based education and care services, and licensed hospital-based education and care services:
(h)
regulate the qualifications to be held by any specified number or proportion of those persons carrying out the following:
(i)
the control and management of each licensed early childhood education and care centre, licensed home-based education and care service, or licensed hospital-based education and care service, or any of them:
(ii)
the education and care of children attending a licensed early childhood education and care centre, licensed home-based education and care service, or licensed hospital-based education and care service, or any of them:
(i)
provide for transitional matters not dealt with in this Act:
(j)
prescribe offences punishable on conviction by a fine not exceeding $500 in respect of the contravention of, or non-compliance with, the regulations.
(3)
Regulations made under subsection (1) may (without limitation) prescribe different standards and other requirements—
(a)
for early childhood services of different types or descriptions; and
(b)
in respect of different kinds of licences.
(4)
Criteria prescribed by the Minister for use in assessing compliance with the minimum standards imposed by regulations made under this section may differ in any way, including (without limitation), for—
(a)
early childhood services of different types or descriptions; and
(b)
different kinds of licences; and
(c)
different minimum standards.
(5)
Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section are a disallowable instrument, but not a legislative 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 317: replaced, on 17 May 2006, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 317(2)(a): amended, on 19 May 2017, by section 137 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 317(2)(j): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 317(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
317A Requirements for licensed home-based education and care service
(1)
A licensed home-based education and care service may be provided to 1 or more children, up to a total of 4 in any 1 home.
(2)
While children are participating in the service, the total number of children present in the home in which the service is provided (including those receiving the service) must not be more than 6.
(3)
In this section,—
children means children aged 13 years or younger (other than children of the educator who are enrolled in school)
educator has the meaning given by regulation 3 of the Education (Early Childhood Services) Regulations 2008.
Section 317A: inserted, on 29 October 2016, by section 38 of the Education Legislation Act 2016 (2016 No 72).
318 Playgroups may be certificated
A service provider who operates a playgroup may, but need not, apply for a certificate issued under regulations made under section 319 in respect of the playgroup.
Section 318: replaced, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319 Regulations relating to certification of playgroups
(1)
The Governor-General may, by Order in Council, make regulations providing for the certification of playgroups and these regulations may do all or any of the following:
(a)
prescribe minimum standards relating to premises, facilities, programmes of education, practices in relation to children’s learning and development, parental or caregiver participation (including adult:child ratios), health and safety, practices in relation to behaviour management and limits on the use of physical restraint, implementation of the curriculum framework, communication and consultation with parents, the operation and administration of playgroups, or any of them, to be complied with to ensure the health, comfort, care, education, and safety of children attending certificated playgroups:
(b)
authorise the Minister, after consultation with those organisations that appear to the Minister to be representative of persons likely to be substantially affected by these regulations, to prescribe criteria to be used by the Secretary to assess compliance with minimum standards imposed by these regulations:
(c)
require the Secretary to publish a notice in the Gazette—
(i)
stating that criteria referred to in paragraph (b) have been prescribed; and
(ii)
setting out the criteria in their entirety, or stating where or how a copy of those criteria may be obtained by members of the public:
(d)
limit or regulate the numbers of children who may attend certificated playgroups:
(e)
provide for the grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of certificates of 1 or more specified kinds for playgroups, and prescribe the conditions subject to which such certificates may be granted, renewed, or transferred and the fees payable in respect of the grant, renewal, or transfer of such certificates, or do any of these things:
(f)
prescribe conditions governing, or that may be imposed in respect of, certificated playgroups and the duties of their service providers:
(g)
prescribe the records to be kept by the service provider in respect of children attending certificated playgroups:
(h)
regulate the qualifications to be held by any specified number or proportion of those persons responsible for either or both of the following:
(i)
the control and management of a certificated playgroup:
(ii)
the education and care of children attending a certificated playgroup:
(i)
provide for transitional matters not dealt with in this Act.
(2)
Criteria prescribed by the Minister for use in assessing compliance with the minimum standards imposed by regulations made under this section may differ in any way, including (without limitation), for—
(a)
different kinds of certificates; and
(b)
different standards.
(3)
Criteria prescribed by the Minister for use in assessing compliance with minimum standards imposed by regulations made under this section are a disallowable instrument, but not a legislative 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 319: replaced, on 17 May 2006, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 319(1)(a): amended, on 19 May 2017, by section 138 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 319(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
319AA Application of Legislation Act 2012 to certain material incorporated by reference
(1)
This section applies if section 49 of the Legislation Act 2012 is relied on to incorporate material by reference in criteria prescribed under section 317(2)(b) or 319(1)(b) of this Act.
(2)
When this section applies, subpart 2 of Part 3 of the Legislation Act 2012 (other than section 51) applies.
Section 319AA: inserted, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Powers of entry and inspection
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319A Parent’s right of entry
The parent or guardian of a child has a right of entry to a licensed early childhood education and care centre or to the premises where a licensed home-based education and care service is provided, whenever the child is there, except if the parent or guardian—
(a)
is subject to an order of a court that prohibits access to, or contact with, the child, either generally or with respect to the child while, or at a time when the child is, attending the centre or service; or
(b)
is subject to a warning under section 4 of the Trespass Act 1980 to stay off the premises; or
(c)
is suffering from a contagious or infectious disease likely to have a detrimental effect on the children if passed on to them; or
(d)
is, in the opinion of a person responsible for the operation of the centre or service, under the influence of alcohol or any other substance that has a detrimental effect on the functioning or behaviour of the person; or
(e)
is, in the opinion of a person responsible for the operation of the centre or service, exhibiting behaviour that is or is likely to be disruptive to the effective operation of the centre or service.
Section 319A: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319B Powers of entry and inspection without warrant
(1)
Any person holding an authorisation under subsection (3) may, for the purpose of ensuring that the provisions of this Act and any regulations made under this Act, or the conditions of any licence, certificate, or grant issued or made under any of those provisions, are being complied with, or for the purpose of conducting any audit, at any reasonable time, do all or any of the following:
(a)
enter and inspect—
(i)
any premises that are or contain a licensed early childhood education and care centre or that are used to provide a licensed home-based education and care service or a licensed hospital-based education and care service, or that are used by a certificated playgroup:
(ii)
any offices of a service provider that are related to those premises:
(b)
inspect, photocopy, print out, or copy onto a storage device any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the licensed early childhood service or certificated playgroup:
(c)
remove any document described in paragraph (b), whether in its original form or as an electronic or paper copy.
(2)
If any document is removed from premises under subsection (1)(c), the person who removes it must—
(a)
leave at the premises a list of the documents removed; and
(b)
return the documents, or a copy of them, to the premises as soon as practicable, unless to do so would prejudice any investigation being or to be carried out by the Ministry.
(3)
The Secretary may authorise in writing any person, who in the opinion of the Secretary is suitably qualified and trained in the exercise of powers under subsection (1), to exercise those powers.
(4)
Every authorisation under subsection (3) must contain—
(a)
a reference to this section; and
(b)
the full name of the person authorised; and
(c)
a statement of the powers conferred on that person by this section.
(5)
Every person exercising any power under subsection (1) must have the appropriate written authorisation, and evidence of identity, and must produce them to the person in charge of the premises concerned (or, as the case may be, the person having possession or control of the documents concerned)—
(a)
on first entering the premises; and
(b)
whenever subsequently reasonably required to do so by the person in charge.
(6)
For the purposes of this section and section 319C, inspection, in relation to any premises, includes observing any children present there.
Section 319B: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 319B(1)(a): replaced, on 24 October 2018, by section 19(1) of the Education Amendment Act 2018 (2018 No 40).
Section 319B(1)(b): amended, on 24 October 2018, by section 19(2) of the Education Amendment Act 2018 (2018 No 40).
319C Powers of entry and inspection with warrant
(1)
Any person authorised by section 319B(3) who has reasonable grounds to believe that any premises are being used as an early childhood education and care centre in contravention of this Act or regulations made under section 317, may apply in writing on oath to a District Court Judge, Justice of the Peace, Community Magistrate, or Registrar or Deputy Registrar of any court for a warrant.
(2)
If the Judge or other person to whom the application is made is satisfied that there are reasonable grounds to believe that the premises are being so used, he or she may issue a warrant directed to the person by name authorising the person to enter the premises.
(3)
Every warrant issued under subsection (2) 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.
(4)
Every warrant issued under subsection (2) must authorise the person named in it, at any reasonable time within 4 weeks after the date on which it is issued, to—
(a)
enter the premises described in the warrant; and
(b)
do on those premises anything necessary to ascertain whether those premises are being used as an early childhood education and care centre, in contravention of this Act or any regulations made under section 317.
(5)
Every person exercising any power under subsection (4) must have the appropriate warrant and evidence of identity and must produce them 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.
(6)
Every warrant issued under subsection (2) expires on the earlier of the following dates:
(a)
the date when the purpose for which it was issued has been satisfied; or
(b)
the date specified as the date of expiry under subsection (3)(d).
Section 319C: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Police vetting of employees
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319D Police vetting of non-teaching and unregistered employees at licensed early childhood services
The service provider of a licensed early childhood service must obtain a Police vet of every person—
(a)
whom the service provider appoints, or intends to appoint, to a position at the early childhood service; and
(b)
who is to work at the service during normal opening hours; and
(c)
who is not a registered teacher or holder of a limited authority to teach.
Section 319D: replaced, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319E Police vetting of contractors and their employees who work at licensed early childhood services
(1)
The service provider of a licensed early childhood service must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the service during normal opening hours.
(2)
In this section, contractor means a person who, under contract (other than an employment contract), works at a licensed early childhood service.
Section 319E: replaced, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319F Police vet must be obtained before person has unsupervised access to children
(1)
A Police vet required under section 319D or 319E must be obtained before the person has, or is likely to have, unsupervised access to children at the service during normal opening hours.
(2)
The service provider of a licensed early childhood service that is required under section 319D to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the service.
Section 319F: replaced, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319FA Procedures relating to Police vets under section 319D or 319E
The service provider of a licensed early childhood service that applies for a Police vet of a person under section 319D or 319E—
(a)
must ensure that strict confidentiality is observed for Police vets; and
(b)
must not take adverse action in relation to a person who is the subject of a Police vet until—
(i)
the person has validated the information contained in the vet; or
(ii)
the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
Section 319FA: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
Police vetting of household members for home-based services
Heading: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319FB Police vetting of adult members of household where licensed home-based education and care service provided
(1)
The service provider of a licensed home-based education and care service must obtain a Police vet of every adult who lives in a home—
(a)
where the service is being provided; but
(b)
that is not the home of every child to whom the service is being provided.
(2)
In this section, adult means a person who is of or over the age of 17 years.
Section 319FB: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319FC When Police vet under section 319FB must be obtained
A Police vet required under section 319FB must be obtained before the adult is, or is likely to be, present when the service is being provided.
Section 319FC: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319FD Procedures relating to Police vets under section 319FB
The service provider of a licensed home-based education and care service that applies for a Police vet of a person under section 319FB—
(a)
must ensure that strict confidentiality is observed for Police vets; and
(b)
must not take adverse action in relation to the person providing the education or care until the person who is the subject of the Police vet has—
(i)
validated the information contained in the vet; or
(ii)
been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
Section 319FD: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
Service provider to obtain further Police vets under this Part every 3 years
Heading: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
319FE Further Police vets to be obtained every 3 years
(1)
The service provider of a licensed early childhood service must obtain a further Police vet of every person—
(a)
on whom a Police vet has already been obtained under this Part by that service provider; and
(b)
who still works at the service, or lives in the home, as the case may be.
(2)
A further Police vet required under subsection (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.
(3)
The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 319D or 319E would not be required if he or she were about to be appointed to a position at the licensed early childhood service or to work at the service at the time that the further Police vet would otherwise be required.
Section 319FE: inserted, on 20 May 2010, by section 69 of the Education Amendment Act 2010 (2010 No 25).
Miscellaneous
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319G Offence of insulting, abusing, or intimidating staff
Every person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who intentionally insults, abuses, or intimidates a teacher or member of staff of an early childhood education and care centre—
(a)
within the presence or hearing of any child at the centre; and
(b)
while on centre premises or in any other place where children are assembled for purposes associated with the centre.
Section 319G: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 319G: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
319H Offence of obstructing power of entry
Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who obstructs, hinders, resists, or deceives any person exercising or attempting to exercise a power of entry conferred by section 319A, 319B, or 319C.
Section 319H: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Section 319H: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
319I Payment of fees for attendance of children at kindergartens
(1)
Fees may be charged in respect of the attendance of any child at any kindergarten (whether or not it is, or is known or described as, a free kindergarten).
(2)
Subsection (1) is not limited or affected by, and has effect despite,—
(a)
any enactment or rule of law; or
(b)
anything in the constitution of any body corporate; or
(c)
any contract or undertaking to the contrary entered into or given before the commencement of the Education Amendment Act (No 3) 1990.
Section 319I: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319J Centres situated on property owned by, or leased to, the Crown
(1)
The continued operation of an early childhood education and care centre on land owned by, or leased to, the Crown, and the occupation by an early childhood education and care centre of any building on any such land, may be governed by—
(a)
a lease or tenancy or licence between the Crown and the service provider who operates the centre under section 45 of the Public Works Act 1981; or
(b)
a lease or licence between a board and the service provider under clause 36 of Schedule 6; or
(c)
a lease between a third party (to whom a lease has been granted by the Crown) and the service provider; or
(d)
an occupancy document notified to the service provider who operates the centre by the Secretary.
(2)
If subsection (1)(d) applies to an early childhood education and care centre, the following provisions also apply:
(a)
the Secretary may direct the building of any capital works on that land that are intended for the centre’s use:
(b)
the service provider who operates the centre must—
(i)
pay to the Secretary the rent for the time being charged by the Secretary; and
(ii)
comply with standards of maintenance and capital works as determined by the Secretary:
(c)
the service provider who operates the centre must not, without the Secretary’s approval,—
(i)
carry out any capital works on the land; or
(ii)
grant any lease or sublease of, or grant any licence or permit in respect of, or assign any rights in respect of, or part with possession or control of, or allow any other person to share possession, control, or use of, the land or any other property of the Crown.
(3)
The Secretary may from time to time amend an occupancy document by written notice to the service provider who operates the early childhood education and care centre.
(4)
In this section, lease includes a sublease.
Section 319J: replaced, on 13 June 2013, by section 34 of the Education Amendment Act 2013 (2013 No 34).
Section 319J(1)(b): amended, on 19 May 2017, by section 139 of the Education (Update) Amendment Act 2017 (2017 No 20).
Transitional provisions
Heading: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319K Existing early childhood centres deemed to be licensed
(1)
Subject to subsections (2), (3), and (6), every early childhood centre that, immediately before the commencement of this section, was licensed as an early childhood centre is deemed to be licensed as an early childhood education and care centre under this subsection, and continues to be so licensed—
(a)
for the relevant period, and in accordance with the regulations referred to in section 319N(1)(a) and (b); or
(b)
if the service provider who operates that centre applies within the relevant period for a licence in accordance with regulations made under section 317, until that application is determined.
(2)
Despite subsection (1), the Secretary may give written notice to the service provider of an early childhood education and care centre that is deemed to be licensed under subsection (1), requiring the service provider who operates that centre to apply for a licence under regulations made under section 317 within 3 months of the date of that notice, and—
(a)
if that service provider fails to make such an application within the specified period, the centre ceases to be licensed under subsection (1) at the end of that period; or
(b)
if that service provider makes such an application within the required period, the centre continues to be licensed under subsection (1) until that application has been determined.
(3)
Despite subsection (1), if subsection (4) applies, the Secretary may, by written notice to the service provider who operates an early childhood education and care centre that is deemed to be licensed under subsection (1), declare that the centre is no longer licensed under subsection (1) and the notice has effect accordingly.
(4)
The Secretary may give a notice under subsection (3) only if the Secretary is satisfied that the service provider or the centre—
(a)
does not comply with the regulations referred to in section 319N(1)(a) and (b); or
(b)
does not comply with any conditions of the licence.
(5)
The Secretary may, despite the fact that the centre concerned does not meet the minimum requirements for the issue of a licence under regulations made under section 317, issue to the service provider operating the centre a transitional licence under those regulations that—
(a)
expires on a date specified in the licence (being a date that is not later than 18 months after the date of issue); and
(b)
is subject to any conditions specified on it.
(6)
If the Secretary is not satisfied that the conditions specified in a licence issued in circumstances described in subsection (5) are being complied with, the Secretary may, by written notice to the service provider operating the centre, cancel the licence.
(7)
Every notice under subsection (3) or subsection (6) must give reasons for the action taken.
(8)
Every early childhood centre must, while it is deemed to be licensed under subsection (1), be treated for the purposes of this Act as an early childhood centre licensed under regulations made under section 317 (as inserted by section 53 of the Education Amendment Act 2006).
(9)
Subsections (1) to (6) do not limit any powers to cancel, suspend, or reclassify a licence conferred by the regulations referred to in section 319N(1)(a) and (b).
(10)
In this section, relevant period means,—
(a)
in relation to an early childhood centre for which a probationary licence was in force immediately before the commencement of this section, the period expiring on—
(i)
the date specified in the probationary licence as the date on which it expires; or
(ii)
if a full licence is obtained under the regulations referred to in section 319N(1)(a) and (b) before the expiry of that probationary licence, the date that is 6 years after the commencement of this section:
(b)
in relation to an early childhood centre for which a provisional or full licence was in force immediately before the commencement of this section, the date that is 6 years after the commencement of this section.
Section 319K: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319L Existing chartered care arrangers deemed to be licensed
(1)
Subject to subsections (2) and (3), every care arranger who, immediately before the commencement of this section, was a chartered care arranger is deemed to be a service provider who is licensed to operate a home-based education and care service for—
(a)
a period of 6 years after the commencement of this section; or
(b)
if the service provider who provides that service applies within that period for a licence in accordance with regulations under section 317, until that application is determined.
(2)
Despite subsection (1), the Secretary may give written notice to a service provider that is deemed to be licensed under subsection (1), requiring the service provider to apply for a licence under regulations made under section 317 within 3 months of the date of that notice, and—
(a)
if that service provider fails to make such an application within the specified period, the home-based education and care service provided by that service provider ceases to be licensed under subsection (1) at the end of that period; or
(b)
if that service provider makes such an application within the required period, the service continues to be licensed under subsection (1) until that application has been determined.
(3)
Despite subsection (1), if subsection (4) applies, the Secretary may by written notice to the service provider who provides the home-based education and care service that is deemed to be licensed under subsection (1), declare that the service is no longer licensed under subsection (1) and the notice has effect accordingly.
(4)
The Secretary may give a notice under subsection (3) only if the Secretary is satisfied that the service is not provided in a way that complies with the code of practice set out in the order referred to in section 319N(1)(c).
(5)
The Secretary may, despite the fact that the service provider or service concerned does not meet the minimum requirements for the issue of a licence under regulations made under section 317 or the service concerned is not provided in a way that complies with the code of practice set out in the order referred to in section 319N(1)(c), issue to the service provider providing the service a transitional licence under those regulations that—
(a)
expires on a date specified in the licence (being a date that is not later than 18 months after the date of issue); and
(b)
is subject to any conditions specified on it.
(6)
If the Secretary is not satisfied that the conditions specified in a licence issued in circumstances described in subsection (5) are being complied with, the Secretary may, by written notice to the service provider providing the service, cancel the licence.
(7)
Every notice under subsection (3) or subsection (6) must give reasons for the action taken.
(8)
Every home-based education and care service must, while it is deemed to be licensed under subsection (1), be treated for the purposes of this Act as a home-based education and care service licensed under regulations made under section 317 (as inserted by section 53 of the Education Amendment Act 2006).
Section 319L: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319M Funding conditions during transitional period
(1)
This section applies in respect of—
(a)
a service provider who operates an early childhood education and care centre that immediately before the commencement of this section was a chartered early childhood centre, during the period while it is deemed to be licensed under section 319K(1); and
(b)
a service provider who operates a home-based education and care service and who immediately before the commencement of this section was a chartered care arranger, during the period while the service provider is deemed to be licensed under section 319L(1).
(2)
While this section applies in respect of a service provider who operates an early childhood education and care centre or a home-based education and care service, it is a condition of any grant paid to that provider under section 311 that the provider continues to comply with the relevant statement of desirable objectives and practices published in the Gazette under section 312 (as that section read before the commencement of this section).
(3)
The Minister may at any time, while this section applies in respect of any service provider, amend, revoke, or replace any statement of desirable objectives and practices referred to in subsection (2) by notice in the Gazette.
Section 319M: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319N Existing regulations preserved
(1)
The following regulations are to be treated as regulations made under section 317 (as inserted by section 53 of the Education Amendment Act 2006):
(a)
the Education (Early Childhood Centres) Regulations 1998 (SR 1998/85):
(b)
the Education (Early Childhood Centres) Fees Regulations 1990 (SR 1990/262):
(c)
the Education (Home-Based Care) Order 1992 (SR 1992/238).
(2)
Despite subsection (1), the regulations referred to in subsection (1) are not to be treated as regulations made under section 317 (as inserted by section 53 of the Education Amendment Act 2006) for the purposes of the following provisions:
(a)
(b)
(c)
(3)
The regulations and order referred to in subsection (1) may be amended under section 317.
Section 319N: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
319O Licence-exempt centres may continue
(1)
The service provider for an early childhood education and care centre, that immediately before the commencement of this section was a licence-exempt centre, may continue to operate that centre without a licence issued under regulations made under section 317 for a period that expires 6 years after the date of the commencement of this section.
(2)
Despite the repeal of sections 311A and 311B by the Education Amendment Act 2006, grants may continue to be paid after the commencement of this section to a service provider operating any early childhood education and care centre that, immediately before the commencement of this section, was a licence-exempt centre, for any period that the Minister considers reasonable (not exceeding 6 years after the date of the commencement of this section).
(3)
For the purposes of subsection (2), section 309 (as it read before the commencement of section 53 of the Education Amendment Act 2006) and sections 311A and 311B continue to apply as if—
(a)
they were still in force; and
(b)
every reference to the management of a centre were a reference to the service provider who operates the centre.
Section 319O: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).
Part 27 Recognition and funding of other services
Part 27: inserted, on 1 January 1992, by section 33 of the Education Amendment Act (No 4) 1991 (1991 No 136).
320 Interpretation
In this Part, unless the context otherwise requires,—
educational body, or body, means a body corporate that is recognised by the Minister as a body that provides any educational or developmental service or facility, including an organisation as defined in section 159B
financial year, in relation to any body, means a year ending—
(a)
where the Minister has specified a day for the purpose, with that day; and
(b)
with 30 June in every other case
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
Secretary means the chief executive of the Ministry.
Section 320: inserted, on 1 January 1992, by section 33 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 320 educational body, or body: inserted, on 1 January 2003, by section 42 of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
321 Grants to educational bodies
(1)
An educational body may be paid grants out of public money appropriated by Parliament for the purpose on such conditions as the Minister thinks fit.
(2)
However, a grant may not be paid under this section to a tertiary education provider or a workforce development council (as those terms are defined in section 159) unless the Minister is satisfied that payment under this section is in the national interest.
(3)
The amount of every grant and the conditions subject to which it will be paid shall be determined by the Minister.
(4)
Before a grant is paid, the Minister may give the body written notice that the grant, or a part or parts of the grants (specified as a particular sum or as a proportion of the total grant), is not to be used except for purposes specified in the notice.
(5)
A body that has been given notice under subsection (4) shall ensure that no part of the grant to which the notice relates is used for purposes other than those specified for it in the notice.
(6)
Subject to subsection (5), a body to which a grant is paid may apply the grant as it sees fit.
(7)
During the financial year during which a grant was paid to a body under this section, and during the next financial year, the Secretary may by written notice to the body require it to give to the Secretary in writing any financial report, or statistical or other information, relating to the body specified in the notice, within a time specified in the notice; and the body shall take all reasonable steps to comply with the notice.
Section 321: inserted, on 1 January 1992, by section 33 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 321 heading: amended, on 1 January 2003, by section 43(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 321(1): replaced, on 1 January 2003, by section 43(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 321(2): replaced, on 1 January 2003, by section 43(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 321(2): amended, on 1 April 2020, by section 69 of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).
322 Educational bodies to keep accounts
(1)
Where a grant under section 321 has been paid to a body subject to conditions, the body shall ensure that—
(a)
there are kept (in respect of the year in which the grant was made and the year after), in a manner approved by the Minister, all records necessary to show fully and fairly—
(i)
such of the body’s financial transactions, assets, liabilities, and funds, as relate to or are or were affected by the making of the grants; and
(ii)
that the conditions have been complied with:
(b)
the records are available for inspection at all reasonable times by any employee of the Ministry approved by the Secretary for the purpose.
(2)
Every grant under section 321 to an educational body must be paid under a funding agreement that specifies—
(a)
the purpose of the grant; and
(b)
any conditions attaching to it; and
(c)
the reporting obligations of the recipient.
(3)
[Repealed](4)
[Repealed]Section 322: inserted, on 1 January 1992, by section 33 of the Education Amendment Act (No 4) 1991 (1991 No 136).
Section 322 heading: amended, on 1 January 2003, by section 44(1) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 322(2): replaced, on 1 January 2003, by section 44(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 322(3): repealed, on 1 January 2003, by section 44(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Section 322(4): repealed, on 1 January 2003, by section 44(2) of the Education (Tertiary Reform) Amendment Act 2002 (2002 No 50).
Part 28 Review of educational services
Part 28: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
323 Interpretation
In this Part, unless the context otherwise requires,—
applicable organisation means an institution that provides an applicable service
applicable person, in relation to an applicable organisation, means any body or person who or that administers, controls, governs, manages, operates, or owns, the organisation
applicable service means an educational service to which section 324(1) and sections 325 to 328 apply
Chief Review Officer means the chief executive of the Education Review Office
hostel means a boarding establishment used mainly or solely for the accommodation of students enrolled at a registered school
Minister means the Minister of State who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part
parent, in sections 328A to 328D, means the mother, father, or guardian of a person who has been exempted from the requirements of section 20
registered school has the same meaning as it has in section 2(1)
review officer means a person for the time being designated under section 326; and includes the Chief Review Officer.
Section 323: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
Section 323 applicable service: amended, on 19 December 1998, by section 56(1) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 323 hostel: inserted, on 25 October 2001, by section 62(1) of the Education Standards Act 2001 (2001 No 88).
Section 323 parent: inserted, on 19 December 1998, by section 56(2) of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 323 registered school: inserted, on 25 October 2001, by section 62(2) of the Education Standards Act 2001 (2001 No 88).
324 Educational services to which this Part applies
(1)
This Part applies to every educational service (other than a service provided only to or for people over 16 who are not enrolled at a State school within the meaning of section 2(1))—
(a)
that is provided by an organisation—
(i)
owned or operated by the Crown; or
(ii)
forbidden by law to provide that service (or a service of that kind) unless it holds a licence, permit, or other authority issued by or on behalf of the Crown; or
(b)
whose provision is (wholly or partly)—
(i)
funded by public money appropriated by Parliament; or
(ii)
regulated by or under statute.
(2)
Sections 328A to 328D apply in relation to educational services provided to persons who are exempted from the requirements of section 20; and, for the purposes of this subsection and sections 328A to 328D, educational service is to be construed in that context and the meaning it has in the definition of the term applicable service in section 323 does not apply.
Section 324: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
Section 324(2): inserted, on 19 December 1998, by section 57 of the Education Amendment Act (No 2) 1998 (1998 No 118).
325 Chief Review Officer to perform certain functions
The Chief Review Officer shall—
(a)
administer—
(i)
when directed by the Minister to do so; or
(ii)
notwithstanding section 32 of the State Sector Act 1988, of the Chief Review Officer’s own motion,—
reviews, either general or relating to particular matters, of the performance of applicable organisations in relation to the applicable services they provide; and
(b)
administer the preparation of reports to the Minister on the undertaking and results of such reviews; and
(c)
give the Minister such other assistance and advice on the performance of applicable organisations as the Minister from time to time requires.
Section 325: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
326 Review officers
The Chief Review Officer may designate any suitably qualified person (whether or not an employee of the Chief Review Officer) a review officer; and shall ensure that every person for the time being so designated has a certificate to that effect, in a form approved by the Chief Review Officer.
Section 326: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
327 Powers of entry and inspection
For the purposes of enabling any functions of the Chief Review Officer to be performed, any review officer may, at any reasonable time and having given reasonable notice to an applicable organisation or any applicable person of the organisation, enter any place (other than a dwellinghouse) occupied by the organisation or person, and—
(a)
conduct inspections or inquiries:
(b)
require any person to produce documents or information relating to—
(i)
an applicable service that the organisation provides; or
(ii)
people to whom such a service is (or has been) provided,—
and permit the review officer to make copies or extracts of the documents or information:
(c)
require any applicable person of the organisation, or any other person—
(i)
employed by the organisation or any applicable person of the organisation; or
(ii)
involved in the management of the organisation,—
to make or provide statements, in any form and manner the review officer specifies, about any matters relating to an applicable service:
(d)
inspect the work of any person to whom an applicable service is (or has been) provided:
(e)
meet and talk with any person to whom an applicable service is being provided.
Section 327: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
328 Review officers to prove identity
Every review officer who enters any place under the authority of section 327 shall, on first entering and, if requested, at any later time, produce to the person apparently in charge the review officer’s certificate of designation.
Section 328: inserted, on 25 June 1993, by section 25 of the Education Amendment Act 1993 (1993 No 51).
Provisions concerning students with enrolment exemption
Heading: inserted, on 19 December 1998, by section 58 of the Education Amendment Act (No 2) 1998 (1998 No 118).
328A Functions of Chief Review Officer
The Chief Review Officer—
(a)
may carry out reviews (which may be general or in relation to particular matters) of the educational services provided to persons exempted from the requirements of section 20 and must carry out such reviews when directed by the Minister to do so; and
(b)
must administer the preparation of reports to the Minister on the undertaking and results of such reviews; and
(c)
must give the Minister such other assistance and advice on the educational services provided to persons exempted from the requirements of section 20 as the Minister from time to time requires.
Sections 328A: inserted, on 19 December 1998, by section 58 of the Education Amendment Act (No 2) 1998 (1998 No 118).
328B Review officers
Review officers designated under section 326 are also review officers for the purposes of section 328A, and sections 328C and 328D apply to them accordingly.
Sections 328B: inserted, on 19 December 1998, by section 58 of the Education Amendment Act (No 2) 1998 (1998 No 118).
328C Powers of review officers for purposes of sections 328A to 328D
(1)
For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 328A, any review officer may, at any reasonable time and having given reasonable notice,—
(a)
conduct inspections or inquiries:
(b)
require any parent or other person to produce documents or information relating to—
(i)
the educational service the parent or other person provides; or
(ii)
people to whom such educational service is (or has been) provided,—
and permit the review officer to make copies or extracts of the documents or information:
(c)
require any parent or other person to make or provide statements, in such form and manner as is reasonable in the circumstances, about any matters relating to provision of the educational service provided by that parent or person:
(d)
inspect the work of any person to whom the educational service concerned is (or has been) provided:
(e)
meet and talk with any person to whom the educational service concerned is being provided.
(2)
Nothing in this section confers on a review officer the power to enter any dwellinghouse without the consent of the owner or occupier.
Sections 328C: inserted, on 19 December 1998, by section 58 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Section 328C(2): amended, on 20 May 2010, by section 70 of the Education Amendment Act 2010 (2010 No 25).
328D Review officers to prove identity before acting under section 328C
Every review officer who exercises any power under section 328C must, before exercising that power and, if requested, at any later time, produce to the parent or other person providing the educational service concerned the review officer’s certificate of designation.
Sections 328D: inserted, on 19 December 1998, by section 58 of the Education Amendment Act (No 2) 1998 (1998 No 118).
Provisions concerning hostels
Heading: inserted, on 25 October 2001, by section 63 of the Education Standards Act 2001 (2001 No 88).
328E Functions of Chief Review Officer
The Chief Review Officer—
(a)
may carry out reviews (which may be general or in relation to particular matters) of the provision of a safe physical and emotional environment that supports learning for students accommodated in hostels and must carry out those reviews when directed by the Minister to do so; and
(b)
must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and
(c)
must give the Minister any other assistance and advice on the provision of a safe physical and emotional environment that supports learning for students accommodated at hostels that the Minister from time to time requires.
Section 328E: inserted, on 25 October 2001, by section 63 of the Education Standards Act 2001 (2001 No 88).
328F Review officers
Review officers designated under section 326 are also review officers for the purposes of section 328E, and sections 328G and 328H apply to them accordingly.
Section 328F: inserted, on 25 October 2001, by section 63 of the Education Standards Act 2001 (2001 No 88).
328G Powers of review officers for purposes of sections 328E to 328H
(1)
For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 328E, any review officer may, at any reasonable time and having given reasonable notice to the management of the hostel, enter any hostel and do all or any of the following:
(a)
conduct inspections or inquiries:
(b)
require any person to produce documents or information relating to—
(i)
the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel; or
(ii)
the students accommodated in the hostel:
(c)
make copies or extracts of any documents and information referred to in paragraph (b):
(d)
require any person to make or provide statements, in any form and manner that is reasonable in the circumstances, about any matters relating to the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel:
(e)
meet and talk to any person who is accommodated at the hostel.
(2)
Nothing in this section confers on a review officer the power to enter any room or sleeping area of a student accommodated at the hostel unless—
(a)
the review officer believes on reasonable grounds that entry or inspection is necessary for the purpose of review; and
(b)
the review officer produces his or her certificate of designation to the student; and
(c)
the student is present during the inspection.
(3)
This section does not limit any other powers of a review officer under this Act.
Section 328G: inserted, on 25 October 2001, by section 63 of the Education Standards Act 2001 (2001 No 88).
328H Review officers to prove identity before acting under section 328G
Every review officer who exercises any power under section 328G must, before exercising that power and, if requested, at any later time, produce to the person apparently in charge the review officer’s certificate of designation.
Section 328H: inserted, on 25 October 2001, by section 63 of the Education Standards Act 2001 (2001 No 88).
Part 29 Learning Media Limited
[Repealed]Part 29: repealed, on 29 October 2016, by section 39 of the Education Legislation Act 2016 (2016 No 72).
329 Interpretation
[Repealed]Section 329: repealed, on 29 October 2016, by section 39 of the Education Legislation Act 2016 (2016 No 72).
330 Incorporation of company
[Repealed]Section 330: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
331 Principal objective of company
[Repealed]Section 331: repealed, on 29 October 2016, by section 39 of the Education Legislation Act 2016 (2016 No 72).
332 Crown shareholding
[Repealed]Section 332: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
333 Application of Government Superannuation Fund Act 1956
[Repealed]Section 333: repealed, on 29 October 2016, by section 39 of the Education Legislation Act 2016 (2016 No 72).
334 Application of Public Finance Act 1989
[Repealed]Section 334: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
335 Auditor
[Repealed]Section 335: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
336 Application of Companies Act 1955
[Repealed]Section 336: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
337 Personnel policy
[Repealed]Section 337: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
338 Equal employment opportunities programme
[Repealed]Section 338: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
339 Consultation with State Services Commissioner
[Repealed]Section 339: repealed, on 25 January 2005, by section 5 of the State-Owned Enterprises Amendment Act 2004 (2004 No 116).
340 Existing rights, assets, liabilities, and debts
[Repealed]Section 340: repealed, on 29 October 2016, by section 39 of the Education Legislation Act 2016 (2016 No 72).
Part 30 National student numbers
Part 30: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
341 Purpose
The purpose of this Part is to authorise the use by authorised users of national student numbers for specific purposes, in order to facilitate the accurate use and transfer, by authorised users, of information relating to individual students.
Section 341: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
342 Interpretation
In this Part,—
authorised user means—
(a)
an education provider; and
(b)
the Ministry; and
(c)
the New Zealand Qualifications Authority; and
(d)
the Tertiary Education Commission; and
(e)
the Service continued by section 279; and
(f)
any other agency or body declared by regulations made under section 347 to be an authorised user
early childhood service means a licensed early childhood service (as defined in section 309)
education provider means—
(a)
an early childhood service; and
(b)
a registered school as defined in section 2; and
(c)
a tertiary education organisation, being an organisation as defined in section 159B(1)
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
Secretary means the chief executive of the Ministry.
Section 342: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Section 342 early childhood service: inserted, on 13 June 2013, by section 35(1) of the Education Amendment Act 2013 (2013 No 34).
Section 342 education provider paragraph (a): amended, on 13 June 2013, by section 35(2) of the Education Amendment Act 2013 (2013 No 34).
343 Assigning national student numbers
(1)
The Secretary may assign a national student number to any student who—
(a)
is enrolled with an education provider; or
(b)
has been granted an exemption under section 21 or section 22.
(1A)
The Secretary may also assign a national student number to any child under the age of 6 years if the Secretary has reasonable grounds to believe that—
(a)
the child is unlikely to attend an early childhood service; and
(b)
the child is likely to benefit from attending such a service.
(2)
On the date on which this Part comes into force, every national student number that is already assigned to a person is deemed to be a national student number assigned under this section to that person.
Section 343: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Section 343(1A): inserted, on 13 June 2013, by section 36 of the Education Amendment Act 2013 (2013 No 34).
344 Use of national student numbers
(1)
The Secretary may authorise or require an authorised user to use national student numbers.
(2)
The Secretary may authorise or require an authorised user to use national student numbers only for the purpose of, or for a specific purpose falling within, any 1 or more of the following:
(a)
monitoring and ensuring student enrolment and attendance:
(ab)
encouraging attendance at early childhood services:
(b)
ensuring education providers and students receive appropriate resourcing:
(c)
statistical purposes:
(d)
research purposes:
(e)
ensuring that students’ educational records are accurately maintained:
(f)
establishing and maintaining student identities to support students’ participation in online learning.
(3)
Every authorisation or requirement under this section must be made by notice in the Gazette, and—
(a)
takes effect on the date, specified in the notice, on or after the date of the notice; and
(b)
may be subject to conditions.
(4)
An authorisation or requirement may be made generally (by reference to a class of authorised user) or specifically (by reference to a named authorised user).
(5)
An authorised user to whom any 1 or more authorisations relates is authorised to use national student numbers in accordance with the terms of the authorisations.
(6)
An authorised user that is required to use national student numbers for a specific purpose must use national student numbers for that purpose.
Section 344: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Section 344(2)(ab): inserted, on 13 June 2013, by section 37 of the Education Amendment Act 2013 (2013 No 34).
Section 344(2)(f): inserted, on 29 October 2016, by section 40 of the Education Legislation Act 2016 (2016 No 72).
345 Person may use or disclose own national student number
Despite anything in this Part, a person may use or disclose his or her own national student number for any purpose.
Section 345: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Section 345 heading: amended, on 13 June 2013, by section 38(1) of the Education Amendment Act 2013 (2013 No 34).
Section 345: amended, on 13 June 2013, by section 38(2) of the Education Amendment Act 2013 (2013 No 34).
346 Offences
(1)
An authorised user commits an offence, and is liable on conviction to a fine not exceeding $15,000, if the authorised user uses or discloses a person’s national student number otherwise than—
(a)
in accordance with the authorisations under section 344 that apply to that user; or
(b)
as required by section 141 of the Intelligence and Security Act 2017 (to the extent that a permission granted under section 137 or 138 of that Act permits the Director-General of an intelligence and security agency to access information relating to national student numbers).
(2)
A person (person A) who is not an authorised user commits an offence, and is liable on conviction to a fine not exceeding $15,000, who, without reasonable excuse, keeps a record of, or requires the disclosure of, the national student number of another person (person B) if the number is, or is capable by person A of being, linked to any information that may lead person A to the identification of person B.
Section 346: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Section 346(1): replaced, on 28 September 2017, by section 260 of the Intelligence and Security Act 2017 (2017 No 10).
Section 346(2): replaced, on 13 June 2013, by section 39 of the Education Amendment Act 2013 (2013 No 34).
347 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make regulations identifying any agency or body as an authorised user for the purpose of this Part.
(2)
A recommendation for an Order in Council to be made under this section may not be made unless the Privacy Commissioner has been consulted on the recommendation.
Section 347: inserted, on 17 May 2006, by section 54 of the Education Amendment Act 2006 (2006 No 19).
Part 31 Teacher registration
Part 31: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
348 Interpretation
In this Part and Schedule 21, unless the context otherwise requires,—
authorisation, in relation to any person, means the entry of the person’s name on the list of authorised people, and authorised has a corresponding meaning
early childhood education and care service means—
(a)
a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and
(b)
any other early childhood service that is declared by regulations made under section 69(2) of the Education Standards Act 2001 to be an early childhood education and care service for the purposes of this Part
early childhood service means a licensed early childhood service (as defined in section 309)
employer means any one of the following who employs, or intends to employ, 1 or more teachers or authorised persons in a teaching position:
(a)
the board of trustees of a State school:
(b)
[Repealed](c)
the managers of a school registered under section 35A:
(d)
the person or body that appoints staff at an early childhood education and care service:
(e)
the Secretary, in his or her capacity as an employer under section 91N
free kindergarten means an early childhood education and care centre (as defined in section 309) controlled by a free kindergarten association founded for the purpose of establishing and maintaining a kindergarten or kindergartens
general education system means the system of education provided in—
(a)
registered schools; and
(b)
early childhood services; and
(c)
other educational institutions and services established or deemed to have been established, or provided, under this Act or the Education Act 1964
half-day has the meaning given by section 60
list of authorised people means the list kept under section 371(1)
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
practising certificate means a certificate issued under section 361(2) or (6)
professional leader means,—
(a)
the principal:
(b)
[Repealed](c)
in the case of an early childhood service, the professional leader of the service:
(d)
in the case of any other educational institution, the chief executive or person occupying an equivalent position
register means the register kept under section 359
registration or registered, in relation to any person, means the entry of the person’s name on the register
satisfactory recent teaching experience, in relation to any person at any time, means either of the following, satisfactorily completed by the person during the 5 years before that time:
(a)
an uninterrupted period of employment of 2 years (or some shorter period or periods approved by the Teaching Council for the person) in a teaching position or teaching positions in the general education system; or
(b)
a period of employment of 2 years (or some shorter period or periods approved by the Teaching Council for the person) in a position (or positions) that (or each of which) in the Teaching Council’s opinion was equivalent to a teaching position, in an educational institution in New Zealand approved by the Teaching Council for the purposes of this Part
Teaching Council means the body continued and renamed the Teaching Council of Aotearoa New Zealand under section 379(1)
teaching position means a position in the general education system that—
(a)
requires its holder to instruct students; or
(b)
is the professional leader, deputy professional leader (however described), or assistant principal of a school; or
(c)
is the professional leader of an early childhood service or other educational institution.
Compare: 1989 No 80 s 120
Section 348: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 348 Education Council: repealed, on 29 September 2018, by section 4(1) of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 348 employer paragraph (b): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 348 half-day: inserted, on 29 October 2016, by section 41 of the Education Legislation Act 2016 (2016 No 72).
Section 348 partnership school kura hourua: repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 348 professional leader paragraph (a): replaced, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 348 professional leader paragraph (b): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 348 satisfactory recent teaching experience paragraph (a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 348 satisfactory recent teaching experience paragraph (b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 348 Teaching Council: inserted, on 29 September 2018, by section 4(2) of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Restrictions on appointment and employment of teaching staff
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
349 Restrictions on appointment of teachers
(1)
An employer may not appoint to a teaching position—
(a)
any person—
(i)
whose registration has been cancelled; and
(ii)
who has not since been registered again; or
(b)
any person whose practising certificate is suspended under section 402 or 404(1)(d) or cancelled under section 404(1)(g); or
(c)
any person whose authorisation has been cancelled and who has not since—
(i)
been authorised again; or
(ii)
been registered as a teacher; or
(d)
any person whose limited authority to teach is suspended under section 402 or 404(1)(d).
(2)
No employer may permanently appoint to any teaching position any person who does not hold a practising certificate.
Compare: 1989 No 80 s 120A
Section 349: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 349(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
350 Restrictions on continued employment of teachers
(1)
An employer may not continue to employ in a teaching position—
(a)
any person—
(i)
whose registration has been cancelled; and
(ii)
who has not since been registered again; or
(b)
any person whose practising certificate is suspended under section 404(1)(d); or
(c)
any person whose authorisation has been cancelled and who has not since—
(i)
been authorised again; or
(ii)
been registered as a teacher; or
(d)
any person whose limited authority to teach is suspended under section 404(1)(d).
(2)
No employer may continue to employ in any teaching position any person who holds neither a practising certificate nor an authorisation, if that person is not under the general supervision of a person who holds a practising certificate.
(3)
No employer may in any calendar year continue to employ in any teaching position a person who holds neither a practising certificate nor an authorisation, if the sum of the following periods is not less than the period specified in subsection (4):
(a)
the period or periods for which that person has already during that year been employed by the employer in a teaching position or positions; and
(b)
any period or periods (of which the employer is aware) for which that person has already during that year been employed by any other employer in a teaching position or positions; and
(c)
any period or periods (of which the employer is aware) for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service.
(4)
The period referred to in subsection (3) is 20 half-days or any greater number of half-days the Teaching Council has allowed in any particular case, each being a half-day on which the school or early childhood education and care service at which the person was then employed was open for instruction.
Compare: 1989 No 80 s 120B
Section 350: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 350(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 350(3): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 350(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
350A Special provision for chief executive of correspondence school
(1)
The chief executive of a correspondence school is not required to be registered.
(2)
This section overrides sections 349 and 350.
Section 350A: inserted, on 19 May 2017, by section 141 of the Education (Update) Amendment Act 2017 (2017 No 20).
351 Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension
(1)
This subsection applies to a person employed in a teaching position if—
(a)
he or she holds a practising certificate that is suspended under section 402; or
(b)
he or she has a limited authority to teach that is suspended under section 402.
(2)
While subsection (1) applies to a person, his or her employer—
(a)
must ensure that he or she does not carry out any of the duties of the teaching position concerned; and
(b)
if the person is employed at a registered school or an early childhood education and care service, must take all reasonably practicable steps to ensure that he or she does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service.
(3)
While subsection (1) applies to a person, he or she may not carry out any of the duties of the teaching position concerned.
Compare: 1989 No 80 s 120C
Section 351: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Teacher registration
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
352 Applications for registration as teacher
Any person may apply to the Teaching Council, on a form provided by the Teaching Council for the purpose and signed by the applicant, for registration as a teacher.
Compare: 1989 No 80 s 121
Section 352: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 352: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
353 Registration
The Teaching Council must register an applicant under section 352 if satisfied that the applicant—
(a)
is of good character; and
(b)
is fit to be a teacher; and
(c)
is satisfactorily trained to teach; and
(d)
meets the criteria for teacher registration established under section 382(1)(e); and
(e)
either—
(i)
has not been convicted of a specified offence as defined in section 23(1) of the Children’s Act 2014; or
(ii)
has been granted an exemption under section 35 of the Children’s Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act.
Compare: 1989 No 80 s 122
Section 353: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 353: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 353(e)(i): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).
Section 353(e)(ii): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).
354 Determining whether training satisfactory
(1)
In determining whether a person is satisfactorily trained to teach, the Teaching Council may take into account any relevant matters.
(2)
In determining whether a person is satisfactorily trained to teach, the Teaching Council must take into account—
(a)
the person’s qualifications; and
(b)
whether the person has satisfactorily completed training recognised by the Teaching Council as suitable for people who want to teach.
(3)
Subsection (2) does not affect the generality of subsection (1).
Compare: 1989 No 80 s 124A
Section 354: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 354(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 354(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 354(2)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
355 Determining good character and fitness to be teacher
(1)
For the purpose of determining whether a person is of good character and fit to be a teacher, the Teaching Council must obtain a Police vet of the person.
(2)
Subsection (1) does not limit any other matters that the Teaching Council may take into account in determining character and fitness to be a teacher.
Compare: 1989 No 80 s 124B
Section 355: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 355(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 355(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
356 Appeals from decisions of Teaching Council
(1)
A person who is dissatisfied with all or any part of a decision of the Teaching Council under section 353, 357, or 361 (whether a decision to act or a decision to refuse to act) may, within 28 days after receiving notice of the decision from the Teaching Council or any longer period the court, on application made before or after the end of the period, allows, appeal to the District Court against the decision.
(2)
The court must hear the appeal as soon as practicable, and may confirm, reverse, or modify the decision concerned, or may refer the matter back to the Teaching Council in accordance with rules of court, or may give any decision that the Teaching Council could have given.
(3)
Nothing in this section gives the court power to review any part of the Teaching Council’s decision that the appellant has not appealed against.
(4)
Subject to any order of the court, every decision of the Teaching Council continues in force and has effect pending the determination of an appeal against it.
(5)
On any appeal under this section, the court may order the Teaching Council or the appellant to pay the costs incurred by the other party in respect of the appeal.
(6)
The Teaching Council or the appellant may, with the leave of the High Court or the Court of Appeal, appeal to the Court of Appeal on a question of law against any decision made by the District Court on an appeal under this section.
Compare: 1989 No 80 s 126
Section 356: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 356 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(5): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 356(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
357 Cancellation of registration as teacher
(1)
The Teaching Council must cancel a person’s registration if—
(a)
the Teaching Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for registration as a teacher (as set out in section 353); or
(b)
the Teaching Council is satisfied on reasonable grounds that the registration was effected by mistake or obtained by fraud; or
(c)
the Disciplinary Tribunal has ordered, under section 404(1)(g), that the registration be cancelled; or
(d)
the Competence Authority has ordered, under section 412(b), that the registration be cancelled.
(2)
The Teaching Council may not cancel a person’s registration under subsection (1)(a) or (b) without first—
(a)
taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and
(b)
giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.
(3)
The fact that a person’s registration has been cancelled does not prevent the person from again being registered.
(4)
The Teaching Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose registration is cancelled under this section.
Compare: 1989 No 80 s 129
Section 357: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 357(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 357(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 357(1)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 357(1)(c): amended, on 19 May 2017, by section 143(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 357(1)(d): inserted, on 19 May 2017, by section 143(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 357(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 357(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
358 Voluntary deregistration
The Teaching Council must deregister a person if—
(a)
the Teaching Council receives a written request from the person seeking deregistration; and
(b)
the Teaching Council is satisfied that the person is not the subject of an investigation under Part 32.
Compare: 1989 No 80 s 127A
Section 358: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 358: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 358(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 358(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
359 Teaching Council to keep register of people registered as teachers
(1)
For the purposes of this Part, the Teaching Council must keep a register of people who are registered as teachers.
(2)
If the Teaching Council is satisfied that any of the information contained in the register is incorrect, the Teaching Council must ensure that the information is corrected.
(3)
The Teaching Council may annotate the register following—
(a)
an interim suspension under section 402(2); or
(b)
an action by a disciplinary body under section 401 or 404; or
(c)
an action by the Competence Authority under section 412.
(4)
In the case where the register is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6)).
Compare: 1989 No 80 s 128
Section 359: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 359 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 359(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 359(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 359(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 359(3)(b): replaced, on 19 May 2017, by section 144 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 359(3)(c): inserted, on 19 May 2017, by section 144 of the Education (Update) Amendment Act 2017 (2017 No 20).
360 Matching of register information and information about payment of teacher salaries at payrolled schools
(1)
The purpose of this section is to facilitate the exchange of information between the Ministry and the Teaching Council for the purposes of enabling—
(a)
the Teaching Council, in regard to any person employed in a teaching position, to identify—
(i)
the person’s employer; and
(ii)
the person’s registration status; and
(iii)
the status and currency of the person’s practising certificate; and
(b)
the Ministry, in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools, to identify their salary entitlement or eligibility (if any) for an allowance on the basis of their registration or practising certificate (if any).
(2)
For the purpose set out in subsection (1)(a), the Teaching Council may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Teaching Council,—
(a)
require the Secretary to supply all or any of the following information about all or any regular teachers and relieving teachers in receipt of salaries at payrolled schools:
(i)
surname:
(ii)
first name:
(iii)
date of birth:
(iv)
gender:
(v)
address:
(vi)
the school at which a teacher is employed:
(vii)
payroll number:
(viii)
registration number:
(ix)
number of half-days employed in a teaching position in any calendar year; and
(b)
compare the information supplied under paragraph (a) with the information contained in the register.
(3)
For the purpose set out in subsection (1)(b), the Secretary may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Teaching Council,—
(a)
require the Teaching Council to supply all or any of the following information in regard to all or any people registered as teachers:
(i)
surname:
(ii)
first name:
(iii)
date of birth:
(iv)
gender:
(v)
address:
(vi)
the school at which a teacher is employed:
(vii)
registration number:
(viii)
registration or practising certificate expiry date:
(ix)
registration or practising certificate classification; and
(b)
compare the information supplied under paragraph (a) with the information held by the Ministry in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools.
(4)
In this section, Ministry, payrolled school, regular teacher, relieving teacher, school, and Secretary have the same meanings as in section 91A.
Compare: 1989 No 80 s 128A
Section 360: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 360(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 360(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 360(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 360(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 360(3)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
361 Practising certificates
(1)
Any person may apply to the Teaching Council, on a form provided by the Teaching Council, for a practising certificate.
(2)
The Teaching Council must issue a practising certificate to every applicant who—
(a)
is registered as a teacher; and
(b)
has had a satisfactory Police vet within the past 3 years; and
(c)
meets the standards and criteria for the issue of practising certificates maintained by the Teaching Council under section 382(1)(h).
(3)
A teacher’s practising certificate must show clearly that the teacher is registered.
(4)
Unless it is sooner cancelled or expires,—
(a)
a practising certificate issued to a teacher who already holds a current practising certificate expires—
(i)
on the third anniversary of the day on which the certificate already held expires; or
(ii)
at any earlier time that the Teaching Council specifies, by notice in the Gazette, in respect of all or any kinds of practising certificate:
(b)
a practising certificate issued to a teacher who does not already hold a current practising certificate expires—
(i)
on the third anniversary of the day it is issued; or
(ii)
at any earlier time that the Teaching Council decides in accordance with the standards and criteria maintained under section 382(1)(h).
(5)
A practising certificate expires when its holder’s registration is cancelled.
(6)
If a teacher applies to renew his or her practising certificate, the Teaching Council may issue a renewed practising certificate only if it is satisfied that the teacher—
(a)
has satisfactory recent teaching experience; and
(b)
has had a satisfactory Police vet within the past 3 years; and
(c)
has completed satisfactory professional development during the past 3 years; and
(d)
meets the standards and criteria maintained under section 382(1)(h).
(7)
This subsection applies to a renewed practising certificate issued to a person if—
(a)
the practising certificate he or she already holds when the renewed certificate is issued is suspended under section 402; or
(b)
he or she does not already hold a practising certificate when the renewed certificate is issued, but—
(i)
the practising certificate he or she last held was suspended under section 402 when it expired; and
(ii)
its suspension was not due to expire until a time after the issue of the renewed certificate.
(8)
A renewed practising certificate to which subsection (7) applies must be treated as being suspended under section 402, and its suspension expires when the suspension of the previous practising certificate held by its holder would have expired.
Compare: 1989 No 80 s 130
Section 361: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 361(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 361(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 361(2)(c): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 361(4)(a)(ii): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 361(4)(b)(ii): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 361(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
362 Cancellation of practising certificate
(1)
The Teaching Council must cancel a person’s practising certificate if—
(a)
the Teaching Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a practising certificate (as set out in section 361(2)); or
(b)
the Teaching Council is satisfied on reasonable grounds that the practising certificate was issued by mistake or obtained by fraud; or
(c)
the Disciplinary Tribunal has ordered, under section 404(1)(g), that the practising certificate be cancelled; or
(d)
the Competence Authority has ordered, under section 412(b), that the practising certificate be cancelled.
(2)
The Teaching Council may not cancel a person’s practising certificate under subsection (1)(a) or (b) without first—
(a)
taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and
(b)
giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.
(3)
The fact that a person’s practising certificate has been cancelled does not prevent the person from again holding a practising certificate.
(4)
The Teaching Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose practising certificate is cancelled under this section.
Compare: 1989 No 80 s 129
Section 362: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 362(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 362(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 362(1)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 362(1)(d): amended, on 19 May 2017, by section 145 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 362(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 362(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
363 Determining whether employment satisfactorily completed
(1)
In determining whether a period of employment was satisfactorily completed by a person, the Teaching Council may take into account any relevant matters.
(2)
In determining whether a period of employment at a school, early childhood service, or other educational institution in New Zealand was satisfactorily completed by a person, the Teaching Council may take into account—
(a)
the views of the professional leader of the school, early childhood service, or other educational institution; or
(b)
if the person was the professional leader of a school, early childhood service, or other educational institution, the views of his or her employer.
(3)
Subsection (2) does not affect the generality of subsection (1).
Compare: 1989 No 80 s 125
Section 363: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 363(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 363(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
364 Fees and costs for registration and practising certificates
(1)
The Teaching Council may, by notice in the Gazette, fix fees for registration as a teacher or for the issue of practising certificates, and different fees may be fixed—
(a)
in respect of registration effected in different circumstances; and
(b)
for practising certificates of different kinds.
(2)
A notice under subsection (1)—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012; and
(b)
must be published on a website maintained by the Teaching Council; and
(c)
must state where printed copies of it are available free.
(3)
The Teaching Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.
(4)
Despite anything in this Act, the Teaching Council may refuse to register a person as a teacher or issue a practising certificate until the appropriate fee has been paid.
(5)
If the Teaching Council cancels a teacher’s registration, it may, by written notice to the teacher, require the teacher to pay the Teaching Council any reasonable costs specified in the notice that were incurred by the Teaching Council in dealing with the proposal to cancel the registration or with the cancellation itself.
(6)
The Teaching Council may recover from a teacher as a debt due to it costs required under subsection (5) to be paid to the Teaching Council by the teacher.
Compare: 1989 No 80 s 136
Section 364: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 364(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 364(2)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 364(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 364(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 364(5): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 364(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Limited authority to teach
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
365 Purpose of limited authority to teach
The purpose of granting a limited authority to teach is to enable employers to have access to skills that are in short supply and to enable those with specialist skills but not a teaching qualification to teach.
Compare: 1989 No 80 s 130A
Section 365: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
366 Limited authority to teach
(1)
Any person may apply to the Teaching Council, on a form provided by it for the purpose, for a limited authority to teach.
(2)
The Teaching Council must grant a limited authority to teach if it considers that the applicant is of a suitable disposition and—
(a)
the applicant has the skills and experience appropriate to advance the learning of a student or group of students; or
(b)
the applicant has the skills that are in short supply.
(3)
A person who has previously been authorised may be authorised again, whether before or after the expiry or cancellation of the previous authorisation.
(4)
In this section, suitable disposition, in relation to an applicant, means the applicant—
(a)
is of good character and fit to hold a limited authority to teach; and
(b)
either—
(i)
has not been convicted of a specified offence as defined in section 23(1) of the Children’s Act 2014; or
(ii)
has been granted an exemption under section 35 of the Children’s Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act.
Compare: 1989 No 80 s 130B
Section 366: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 366(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 366(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 366(4)(b)(i): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).
Section 366(4)(b)(ii): amended, on 21 December 2018, by section 10(1) of the Children’s Amendment Act 2018 (2018 No 58).
367 Cancellation of limited authority to teach
(1)
The Teaching Council must cancel a person’s limited authority to teach if—
(a)
the Teaching Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a limited authority to teach (as set out in section 366(2)); or
(b)
the Teaching Council is satisfied on reasonable grounds that the authorisation was granted by mistake or obtained by fraud; or
(c)
the Disciplinary Tribunal has ordered, under section 404(1)(g), that the limited authority to teach be cancelled; or
(d)
the Competence Authority has ordered, under section 412(b), that the limited authority to teach be cancelled.
(2)
The Teaching Council may not cancel a person’s limited authority to teach under subsection (1)(a) or (b) without first—
(a)
taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and
(b)
giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.
(3)
The fact that a person’s limited authority to teach has been cancelled does not prevent the person from again being given a limited authority to teach.
(4)
The Teaching Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose limited authority to teach is cancelled—
(a)
under this section; or
(b)
as a result of the Teaching Council refusing to grant a limited authority to teach on the ground that the person is not of good character or is not fit to hold a limited authority to teach.
Compare: 1989 No 80 s 130G
Section 367: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 367(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 367(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 367(1)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 367(1)(d): amended, on 19 May 2017, by section 146 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 367(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 367(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 367(4)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
368 Determining character or fitness to hold limited authority to teach
(1)
In determining whether a person is of good character or is fit to hold a limited authority to teach, the Teaching Council—
(a)
must take into account and give due weight to—
(i)
any relevant skills and experience of the applicant; and
(ii)
any other relevant matters; and
(b)
if the applicant is currently employed as the professional leader of a school, early childhood service, or other educational institution, must take into account and give due weight to the views of his or her employer; and
(c)
if the applicant is currently employed at a school, early childhood service, or other educational institution, but not as its professional leader, must take into account and give due weight to the views of the professional leader of the school, service, or institution.
(2)
For the purpose of determining whether a person is of good character and fit to hold a limited authority to teach, the Teaching Council must obtain a Police vet of the person.
(3)
Subsection (1) does not limit any other matters that the Teaching Council may take into account in determining good character and fitness to hold a limited authority to teach.
Compare: 1989 No 80 s 130C
Section 368: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 368(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 368(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 368(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
369 Appeals from decisions
(1)
Any person who is dissatisfied with all or any part of a decision of the Teaching Council under section 368 (whether a decision to act or a decision to refuse to act) may, within 28 days of receiving notice of the decision from the Teaching Council or any longer period the court (on application made before or after the end of the period) allows, appeal against the decision to the District Court.
(2)
Section 356(2) to (6) applies to every appeal under subsection (1) of this section as if it were an appeal under section 356(1).
Compare: 1989 No 80 s 130D
Section 369: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 369(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
370 Period of authorisation
(1)
Subject to subsection (2), a person’s authorisation expires after 3 years.
(2)
Notwithstanding subsection (1), the Teaching Council may grant the authorisation for a period of less than 3 years.
Compare: 1989 No 80 s 130E
Section 370: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 370(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
371 Teaching Council to keep list of persons who have limited authority to teach
(1)
For the purposes of this Part, the Teaching Council must keep a list of persons who have a limited authority to teach.
(2)
If the Teaching Council is satisfied that any of the information contained in the list is incorrect, the Teaching Council must ensure that the information is corrected.
(3)
The Teaching Council may annotate the list following—
(a)
an interim suspension under section 402(2); or
(b)
an action by a disciplinary body under section 401 or 404; or
(c)
an action by the Competence Authority under section 412.
(4)
In the case where the list is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6)).
Compare: 1989 No 80 s 130F
Section 371: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 371 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 371(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 371(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 371(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 371(3)(b): replaced, on 19 May 2017, by section 147 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 371(3)(c): inserted, on 19 May 2017, by section 147 of the Education (Update) Amendment Act 2017 (2017 No 20).
372 Fees and costs for granting limited authority to teach
(1)
The Teaching Council may, by notice in the Gazette, fix fees for the granting of a limited authority to teach.
(2)
A notice under subsection (1)—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012; and
(b)
must be published on a website maintained by the Teaching Council; and
(c)
must state where printed copies of it are available free.
(3)
The Teaching Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.
(4)
Despite anything in this Act, the Teaching Council may refuse to grant any person a limited authority to teach until the appropriate fee has been paid.
(5)
If the Teaching Council cancels a limited authority to teach, it may, by written notice to the person concerned, require the person to pay the Teaching Council any reasonable costs specified in the notice that were incurred by the Teaching Council in dealing with the proposal to cancel the authorisation or with the cancellation itself.
(6)
The Teaching Council may recover from any person as a debt due to it costs required by subsection (5) to be paid to the Teaching Council by that person.
Compare: 1989 No 80 s 130H
Section 372: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 372(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 372(2)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 372(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 372(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 372(5): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 372(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Miscellaneous provisions
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
373 Teaching Council may disclose certain information
If the management of any registered early childhood centre that is not an early childhood education and care service asks the Teaching Council for information about any person who is a prospective employee, the Teaching Council may—
(a)
make any inquiry about that person that it might have made if that person had applied for registration as a teacher; and
(b)
disclose to the management any information it holds or has obtained about that person.
Compare: 1989 No 80 s 135A
Section 373: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 373 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 373: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
374 Offences
(1)
Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who—
(a)
makes to the Teaching Council any statement as to any person’s qualifications or experience that would amount to perjury if made on oath in judicial proceedings; or
(b)
not being a registered teacher, uses, or permits to be used, in connection with the person’s name or business, the words “registered teacher”
, or any words or initials intended or likely to make any other person believe that the person is a registered teacher; or
(c)
wilfully makes, or causes to be made, a false entry in or falsification of the register or a practising certificate; or
(d)
falsely represents a document that is not a practising certificate to be a practising certificate; or
(e)
falsely represents a document that is not a limited authority to teach to be a limited authority to teach; or
(f)
is appointed to or continues to be employed in a position, knowing that the appointment or employment is contrary to section 349 or 350; or
(g)
being the employer of a person to whom section 351(1) applies, fails or refuses to ensure that the person does not carry out any of the duties of the teaching position in which he or she is employed; or
(h)
being the employer of a person to whom section 351(1) applies, fails or refuses to take all reasonably practicable steps to ensure that the person does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service; or
(i)
being a person to whom section 351(1) applies, carries out any of the duties of the teaching position in which he or she is employed; or
(j)
being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of an employer in a teaching position after the sum of the following periods is 20 half-days, or any greater number of half-days the Teaching Council has allowed that person (each being a half-day on which a school or an early childhood education and care service at which the person was then employed was open for instruction):
(i)
the period or periods for which that person has already during that year been employed by the employer in a teaching position or teaching positions; and
(ii)
any period or periods for which that person has already during that year been employed by any other employer in a teaching position or teaching positions; and
(iii)
any period or periods for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service; or
(k)
being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of the employer at an early childhood education and care service as a teacher after the sum of the following periods is 20 half-days, or any greater number of half-days the Teaching Council has allowed that person (each being a half-day on which an early childhood education and care service or a school at which the person was then employed was open for instruction):
(i)
the period or periods for which that person has already during that year been employed by the employer as a teacher; and
(ii)
any period or periods for which that person has already during that year been employed by an employer at any other early childhood education and care service as a teacher; and
(iii)
any period or periods for which that person has during that year been employed in a teaching position by the employer at a State school.
(2)
Every person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who appoints any person to a position, or continues to employ any person in a position, knowing that the appointment or employment is contrary to section 349 or 350.
Compare: 1989 No 80 s 137
Section 374: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 374(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 374(1)(j): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
Section 374(1)(j): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 374(1)(k): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
375 Periods of registration before commencement of this section
This Part applies to any period of registration as a teacher under the Education Act 1964 before the commencement of this section as if it were a period of registration under this Part.
Section 375: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Part 32 Teaching Council
Part 32: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Part 32 heading: replaced, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
376 Purpose of Part
The purpose of this Part is to establish a Teaching Council.
Compare: 1989 No 80 s 139AA
Section 376: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 376: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
377 Purpose of Teaching Council
The purpose of the Teaching Council is to ensure safe and high quality leadership, teaching, and learning for children and young people in early childhood, primary, secondary, and senior secondary schooling in English medium and Māori medium settings through raising the status of the profession.
Compare: 1989 No 80 s 139AA
Section 377: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 377 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 377: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
378 Interpretation
(1)
In this Part, unless the context otherwise requires,—
authorised person means the holder of an authority
authority means a limited authority to teach granted under Part 31
Competence Authority means the Competence Authority established by rules made under section 388
Complaints Assessment Committee means the Complaints Assessment Committee established by rules
disciplinary body means either or both of the Complaints Assessment Committee and the Disciplinary Tribunal
Disciplinary Tribunal means the Disciplinary Tribunal established by rules
rules means rules made under section 388
serious misconduct means conduct by a teacher—
(a)
that—
(i)
adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or
(ii)
reflects adversely on the teacher’s fitness to be a teacher; or
(iii)
may bring the teaching profession into disrepute; and
(b)
that is of a character or severity that meets the Teaching Council’s criteria for reporting serious misconduct
teacher includes—
(a)
a registered teacher; and
(b)
a former registered teacher; and
(c)
an authorised person; and
(d)
a former authorised person.
(2)
Terms used in this Part that are defined in section 348 have the meanings given to them by that section.
Compare: 1989 No 80 s 139AB
Section 378: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 378(1) Competence Authority: inserted, on 19 May 2017, by section 148 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 378(1) serious misconduct paragraph (b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Teaching Council
Heading: replaced, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
379 Continuation and renaming of Council
(1)
The body called the Education Council of Aotearoa New Zealand—
(a)
is continued; and
(b)
is renamed the Teaching Council of Aotearoa New Zealand.
(2)
The Teaching Council is a body corporate with perpetual succession and is capable of—
(a)
holding real and personal property; and
(b)
suing and being sued; and
(c)
otherwise doing and suffering all that bodies corporate may lawfully do and suffer.
(3)
Schedule 21 applies to the Teaching Council.
Compare: 1989 No 80 s 139AC
Section 379: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 379 heading: replaced, on 29 September 2018, by section 5(1) of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 379(1): replaced, on 29 September 2018, by section 5(2) of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 379(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 379(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
380 Composition of Teaching Council
(1)
The Teaching Council comprises 13 members as follows:
(a)
6 members appointed by the Minister in accordance with clause 1 of Schedule 21:
(b)
7 elected members, being—
(i)
1 teacher representing the early childhood education sector, elected by teachers from that sector; and
(ii)
1 teacher representing the primary education sector, elected by teachers from that sector; and
(iii)
1 teacher representing the secondary education sector, elected by teachers from that sector; and
(iv)
1 teacher educator, elected by registered teachers working in the fields of initial and ongoing teacher education; and
(v)
1 principal representing the primary education sector, elected by principals from that sector; and
(vi)
1 principal representing the secondary education sector, elected by principals from that sector; and
(vii)
1 early childhood education service leader, representing leadership in the early childhood education sector, elected by leaders from that sector.
(2)
Each of the elected members must be a registered teacher holding a current practising certificate, except the teacher educator, who need not hold a current practising certificate but must—
(a)
be a registered teacher; and
(b)
have 5 or more years of experience in the field of initial teacher education or ongoing teacher education, or both; and
(c)
be currently working in one of those fields.
(3)
The Minister must appoint one of the members appointed or elected under this section as chairperson.
(4)
The elected members of the Teaching Council must be nominated and elected in accordance with rules made under section 388.
(5)
However,—
(a)
elections must be held at least 4 months before members take office; and
(b)
the Teaching Council must provide confirmation of the election results to the Minister at least 3 months before members take office.
(6)
The electors specified in subsection (1)(b)(i), (ii), (iii), (v), and (vi) must be—
(a)
registered teachers with current practising certificates; or
(b)
currently authorised persons.
(7)
The electors specified in subsection (1)(b)(vii) must be early childhood education service leaders who are registered teachers with current practising certificates.
Section 380: replaced, on 29 September 2018, by section 6 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
380A Term of office
(1)
The term of office of every member is 3 years and—
(a)
an appointed member may be reappointed for 2 more terms; and
(b)
an elected member may be re-elected for 2 more terms.
(2)
The term of office of all members—
(a)
begins at the same time (when the term of office of their immediate predecessors expires); and
(b)
ends at the same time (when their term of office expires).
Section 380A: inserted, on 29 September 2018, by section 6 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
380B Removal of members
(1)
The Minister may remove an appointed member of the Teaching Council under clause 3(1) of Schedule 21.
(2)
The Minister may remove an elected member of the Teaching Council under clause 3(1A) of Schedule 21.
Section 380B: inserted, on 29 September 2018, by section 6 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
381 Duties of members of Teaching Council
Section 381: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 381 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 381: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
382 Functions of Teaching Council
(1)
The functions of the Teaching Council are as follows:
(a)
to provide leadership to teachers and direction for the education profession:
(b)
to enhance the status of teachers and education leaders:
(c)
to identify and disseminate best practice in teaching and leadership and foster the education profession’s continued development in light of research, and evidence of changes in society and technology:
(d)
to carry out the functions under Part 31 relating to teacher registration:
(e)
to establish and maintain any criteria for teacher registration under Part 31 that the Teaching Council considers necessary or desirable:
(ea)
to review, at any time, the criteria for teacher registration established under paragraph (e) and, after consultation with the Minister,—
(i)
vary, delete, or replace 1 or more of the criteria; or
(ii)
add 1 or more criteria; or
(iii)
delete all of the criteria and substitute new criteria:
(f)
to establish and maintain standards for qualifications that lead to teacher registration:
(fa)
to review, at any time, the standards for qualifications established under paragraph (f) and, after consultation with the Minister,—
(i)
vary, delete, or replace 1 or more of the standards; or
(ii)
add 1 or more standards; or
(iii)
delete all of the standards and substitute new standards:
(g)
to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes:
(h)
to establish and maintain—
(i)
standards for ongoing practice; and
(ii)
criteria for the issue of practising certificates of different kinds:
(i)
to ensure that appraisals made by professional leaders for the issue and renewal of practising certificates achieve a reasonable and consistent standard, by auditing and moderating the appraisals made for at least 10% of the practising certificates issued or renewed in each year:
(j)
to establish and maintain a code of conduct for teachers under section 387:
(k)
to monitor and enforce the requirements relating to mandatory reporting in this Part and Part 31:
(l)
to perform the disciplinary functions in this Part relating to teacher misconduct and reports of teacher convictions:
(m)
to set the criteria for reporting serious misconduct and for reporting on competence issues:
(n)
to perform the functions in this Part relating to teacher competence:
(o)
to co-ordinate a system providing for the vetting by the Police of all teachers:
(p)
to perform any other functions conferred on it by this Act or any other enactment.
(2)
The functions specified in subsection (1)(e) and (h) must be performed as soon as practicable but no later than 2 years after the date of commencement of this section.
(3)
When performing its functions and exercising its powers, the Teaching Council must act in accordance with the rules of natural justice.
Compare: 1989 No 80 s 139AE
Section 382: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 382 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 382(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 382(1)(e): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 382(1)(ea): inserted, on 14 May 2019, by section 13(1) of the Education Amendment Act 2019 (2019 No 18).
Section 382(1)(fa): inserted, on 14 May 2019, by section 13(2) of the Education Amendment Act 2019 (2019 No 18).
Section 382(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
382A Issue of statement of Government policy relating to Teaching Council’s functions
(1)
The Minister may, at any time, issue a statement of Government policy relating to 1 or more of the Teaching Council’s functions specified in section 382(1).
(2)
Before issuing a statement of Government policy, the Minister must consult the Teaching Council.
(3)
Every statement of Government policy must be—
(a)
given in writing to the Teaching Council; and
(b)
published in the Gazette; and
(c)
presented to the House of Representatives.
(4)
A statement of Government policy comes into effect on the date specified in the Gazette notice, which date must be on or after the date of the notice and is to be treated as the date on which the statement is issued.
(5)
When performing its functions, the Teaching Council must have regard to any relevant statement of Government policy.
(6)
A statement of Government policy may be amended, revoked, or replaced in the same way as it is given.
(7)
A statement of Government policy 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.
Section 382A: inserted, on 14 May 2019, by section 14 of the Education Amendment Act 2019 (2019 No 18).
383 Powers of Teaching Council
(1)
The Teaching Council may, by notice in the Gazette, fix fees for all or any of the following:
(a)
any addition or alteration to a person’s registration as a teacher:
(b)
any addition or alteration to a person’s limited authority to teach:
(c)
any addition or alteration to a person’s practising certificate:
(d)
inspection of the register of registered teachers or any other register or any other documents kept by the Teaching Council that are open to inspection:
(e)
the supply of a copy of any entry in a register or other document referred to in paragraph (d):
(f)
the provision of professional leadership:
(g)
costs relating to the performance of disciplinary functions:
(h)
any other matter for which this Act provides that the Teaching Council may charge fees.
(2)
A notice under subsection (1)—
(a)
is a disallowable instrument for the purposes of the Legislation Act 2012; and
(b)
must be published on a website maintained by the Teaching Council; and
(c)
must state where printed copies of it are available free.
(3)
The Teaching Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.
(4)
The Teaching Council may charge a fee for anything that it has fixed a fee for under subsection (1).
(5)
The Teaching Council may also charge for any goods or services it provides in accordance with its functions.
(6)
The Teaching Council may, by written notice to a governing body, require the governing body to give the Teaching Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Teaching Council in writing all information so required that is reasonably necessary or desirable for the Teaching Council to have for the proper administration of this Part and Part 31.
(7)
The Teaching Council has all other powers conferred by this Act or reasonably necessary to enable it to perform its functions.
(8)
For the purposes of subsection (6), governing body means the board of any State school or a service provider who operates any licensed early childhood service (within the meaning of section 309) or any certificated playgroup or managers of any school registered under section 35A.
Compare: 1989 No 80 s 139AF
Section 383: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 383 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(1)(d): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(1)(h): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(2)(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(5): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(7): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 383(8): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).
384 Ministerial powers
(1)
For the purpose of ascertaining whether the Teaching Council is complying, or has complied, with the provisions of this Part and Part 31, the Minister may commission an independent audit of the conduct of the Teaching Council’s functions.
(2)
The Minister may, by written notice to the Teaching Council, require the Teaching Council to provide to the Minister any financial, statistical, or other information, including information relating to the performance of the functions of the Teaching Council or any of its committees.
Compare: 1989 No 80 s 139AG
Section 384: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 384(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 384(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
385 Reports
(1)
At least every 3 years, following consultation with teachers, the Government, and the public, the Teaching Council must publish a report setting out its strategic direction for the next 5 years.
(2)
The Teaching Council must present to the House of Representatives an annual report on its operations, including, but not limited to, the audited financial statements of the Teaching Council.
Section 385: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 385(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 385(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
386 Advisory boards
The Teaching Council may establish advisory boards for specific aspects of its operation or for particular issues as it sees fit.
Section 386: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 386: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
387 Code of conduct
(1)
The Teaching Council must, as soon as practicable but not later than 2 years after the date of commencement of this section, establish and maintain a code of conduct for teachers.
(2)
When preparing the code of conduct (and any amendments to it), the Teaching Council—
(a)
must take all reasonable steps—
(i)
to consult those who will be bound by it; and
(ii)
to consult the State Services Commissioner; and
(b)
must have regard to any relevant minimum standards of integrity and conduct or code of conduct that the State Services Commissioner sets or issues under section 57 of the State Sector Act 1988.
(3)
The code of conduct must be signed by the chairperson of the Teaching Council, and—
(a)
notice of it must be given in the Gazette; and
(b)
the notice must say where copies of the code may be obtained free of charge; and
(c)
the notice must give the date on which the code comes into force, which must be a date on or after the date of the Gazette notice; and
(d)
the Teaching Council must take all reasonable steps to ensure that those bound by the code are aware of its existence and are able to obtain copies of it, including (but not limited to) publishing the code on its Internet site.
(4)
The Teaching Council may amend the code of conduct, and every amendment—
(a)
must be notified in the Gazette; and
(b)
forms part of the code on the date specified in the notice as the date on which it will come into force.
(5)
The code of conduct, and every amendment of it, is a disallowable instrument for the purposes of the Legislation Act 2012.
(6)
The code of conduct prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons.
(7)
The code of ethics that the New Zealand Teachers Council prepared and that was in existence immediately before the commencement of this section is to be treated as the code of conduct prepared under this section until a code of conduct is prepared in accordance with subsection (1).
Compare: 1989 No 80 s 139AI
Section 387: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 387(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 387(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 387(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 387(3)(d): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 387(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
388 Teaching Council to make rules
(1)
The Teaching Council must, as soon as practicable, make rules providing for—
(aaa)
the conduct of elections for electing members to the Teaching Council, including the election process; and
(a)
a Complaints Assessment Committee to—
(i)
investigate complaints of misconduct about, and reports of convictions of, teachers; and
(ii)
carry out any other function, and exercise any power, given under this Act or delegated to it by the Teaching Council; and
(b)
a Disciplinary Tribunal to conduct hearings relating to misconduct by, and convictions of, individual teachers, and to exercise the powers given under this Act; and
(ba)
a Competence Authority to consider reports and complaints about teacher competence and to exercise the powers given under this Act; and
(c)
the practices and procedures of the disciplinary bodies and the Competence Authority; and
(d)
the procedures of the Teaching Council for dealing with reports received under the mandatory reporting provisions in sections 392 to 395 and 397; and
(e)
the procedures relating to Police vetting, and in particular the rights of persons who are vetted.
(2)
The Teaching Council may make rules for any other purpose relating to the performance of its functions.
(3)
When preparing rules (and any amendments to them), the Teaching Council must take all reasonable steps to consult with those affected by the rules.
(4)
When rules are made under this section,—
(a)
notice of them must be given in the Gazette; and
(b)
the notice must say where copies of the rules may be obtained free of charge; and
(c)
the notice must give the date on which the rules come into force, which must be a date on or after the date of the Gazette notice; and
(d)
the Teaching Council must take all reasonable steps to ensure that those affected by the rules are aware of their existence and are able to obtain copies of them.
(5)
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.
Compare: 1989 No 80 s 139AJ
Section 388: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 388 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(1): amended, on 19 May 2017, by section 149(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 388(1)(aaa): inserted, on 29 September 2018, by section 7 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(1)(a)(ii): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(1)(ba): inserted, on 19 May 2017, by section 149(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 388(1)(c): amended, on 19 May 2017, by section 149(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 388(1)(d): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 388(4)(d): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
389 Delegations
(1)
The Teaching Council may delegate any of its powers (other than this power of delegation), either generally or specifically, as it sees fit.
(2)
Despite subsection (1), the Teaching Council may not delegate its powers—
(a)
to appoint a chief executive:
(b)
to make rules:
(c)
relating to voluntary deregistration:
(d)
relating to cancellation of registration, practising certificates, or limited authorities to teach:
(e)
to establish and maintain a code of conduct for teachers under section 387.
Compare: 1989 No 80 s 139AJA
Section 389: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 389(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 389(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
390 Chief executive and employees
(1)
The Teaching Council may appoint a chief executive and any other employees it thinks necessary for the efficient performance of its functions.
(2)
No person appointed under subsection (1) may be a member of the Teaching Council.
Compare: 1989 No 80 s 139AJB
Section 390: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 390(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 390(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
391 Superannuation
(1)
Any person who, immediately before becoming an employee of the Teaching Council, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 or to the State Sector Retirement Savings Scheme is for the purpose of that Act treated as being employed in the Government service so long as he or she continues to be an employee of the Teaching Council.
(2)
The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Teaching Council were government service.
(3)
Nothing in subsection (1) entitles a person to become a contributor to the Government Superannuation Fund or to the State Sector Retirement Savings Scheme if the person has ceased to be a contributor.
(4)
For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the Teaching Council is the controlling authority.
Compare: 1989 No 80 s 139AJC
Section 391: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 391(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 391(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 391(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Mandatory reporting
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
392 Mandatory reporting of dismissals and resignations
(1)
When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Teaching Council.
(2)
If, within the 12 months before the resignation of a teacher from a teaching position (including a fixed-term position) or the expiry of the term of a teacher’s fixed-term position, the teacher’s employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the teacher’s conduct, or the teacher’s competence, the employer must, immediately after the resignation or expiry, report it to the Teaching Council.
(3)
Every report under this section must be in writing and must include,—
(a)
in the case of a report of dismissal, the reason for the dismissal; and
(b)
in the case of a report of a resignation or expiry,—
(i)
a description of the conduct or competence issues that the employer was concerned about; and
(ii)
a report of what action (if any) the employer took with respect to the issues.
Compare: 1989 No 80 s 139AK
Section 392: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 392(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 392(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
393 Mandatory reporting of complaints received about former employees
(1)
The former employer of a teacher must immediately report to the Teaching Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher’s conduct or competence while he or she was an employee.
(2)
Every report under this section must be in writing, and must include,—
(a)
in the case of an oral complaint, a description of aspects of the teacher’s conduct or competence complained of; and
(b)
in the case of a written complaint, a copy of the complaint; and
(c)
a report of what action (if any) the employer took with respect to the matters complained of.
Compare: 1989 No 80 s 139AL
Section 393: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 393(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
394 Mandatory reporting of possible serious misconduct
(1)
The employer of a teacher must immediately report to the Teaching Council if it has reason to believe that the teacher has engaged in serious misconduct.
(2)
Every report under this section must—
(a)
be in writing; and
(b)
include a description of the conduct of the teacher that the employer believes to be serious misconduct; and
(c)
include a description of what action (if any) the employer has taken in relation to it.
Compare: 1989 No 80 s 139AM
Section 394: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 394(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
395 Mandatory reporting of failure to reach required level of competence
(1)
The employer of a teacher must immediately report to the Teaching Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence.
(2)
Every report under this section must—
(a)
be in writing; and
(b)
include a description of the competence issues leading to the report; and
(c)
include a description of the action that the employer has taken in relation to it.
Compare: 1989 No 80 s 139AN
Section 395: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 395(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
396 Offence of failing to report
(1)
An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $25,000 if it fails without reasonable justification to report to the Teaching Council in relation to any matter of conduct as required under section 392, 393, or 394.
(2)
An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Teaching Council in relation to any matter of competence as required under section 392, 393, or 395.
Compare: 1989 No 80 s 139AO
Section 396: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 396(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 396(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
397 Mandatory reporting of convictions
(1)
Every holder of a practising certificate and every authorised person who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Teaching Council.
(2)
Failure to report a conviction to the Teaching Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings.
(3)
The Registrar of every court must, unless the court expressly orders otherwise, report to the Teaching Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more.
(4)
If the Registrar has reported a conviction to the Teaching Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Teaching Council of that fact.
Compare: 1989 No 80 s 139AP
Section 397: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 397(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 397(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 397(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 397(4): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Disciplinary functions
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
398 Disciplinary bodies
(1)
The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section.
(2)
Both disciplinary bodies may operate in panels, and more than 1 panel of each body may operate at any one time.
(3)
The Disciplinary Tribunal must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Teaching Council, of people who are not teachers, employers, or members of an employing body.
(4)
The majority of members on the Disciplinary Tribunal, and on every panel of the Disciplinary Tribunal, must be registered teachers.
(5)
No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.
(6)
Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,—
(a)
made the complaint; or
(b)
is otherwise in a position of conflict of interest.
(7)
When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice.
Compare: 1989 No 80 s 139AQ
Section 398: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 398(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
399 Complaints about conduct
(1)
A person who wishes to make a complaint about the conduct of a teacher, including complaints about possible breaches of the code of conduct prepared by the Teaching Council under section 387, must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)(a) to (d) applies.
(2)
Any person (including a parent, employer, or member of the Teaching Council) may, at any time, make a written complaint to the Teaching Council about the conduct of a teacher—
(a)
if the complaint is about a teacher who is not currently employed by an employer; or
(b)
if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or
(c)
if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
(d)
in any other exceptional circumstance.
(3)
A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it.
Compare: 1989 No 80 s 139AR
Section 399: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 399(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 399(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
400 Complaints and reports relating to teacher conduct
(1)
The Teaching Council may refer to the Complaints Assessment Committee—
(a)
any report received by it under any of sections 392 to 394 and 397 that relates to teacher conduct; and
(b)
any complaint received by it under section 399.
(2)
The Teaching Council may refer to the Complaints Assessment Committee any matters that relate to teacher conduct of its own motion as it sees fit.
(3)
In relation to a complaint received under section 399 from a person other than the current employer of the teacher concerned,—
(a)
if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher’s employer or former employer, it must refer the matter to the employer or former employer; and
(b)
if the teacher is currently employed by an employer and it has not already referred the matter to the employer under paragraph (a), it must notify the employer that it has received a complaint about the teacher.
(4)
An employer to whom a complaint is referred under subsection (3), or who is required to provide information in the course of an investigation by the Complaints Assessment Committee, must report to the Complaints Assessment Committee as required by it.
Compare: 1989 No 80 s 139AS
Section 400: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 400(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 400(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
401 Powers of Complaints Assessment Committee
(1)
The Complaints Assessment Committee may investigate any report, complaint, or matter referred to it under section 400.
(2)
Following an investigation, the Complaints Assessment Committee may do 1 or more of the following:
(a)
resolve to take the matter no further:
(b)
refer the teacher concerned to a competency review:
(c)
refer the teacher concerned to an impairment process, which may involve either or both of the following:
(i)
assessment of an impairment:
(ii)
assistance with an impairment:
(d)
if there has been made a finding of misconduct that is not serious misconduct, by agreement with the teacher and the person who made the complaint or report or referred the matter, do 1 or more of the following:
(i)
censure the teacher:
(ii)
impose conditions on the teacher’s practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:
(iii)
suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
(iv)
annotate the register or the list of authorised persons in a specified manner:
(v)
direct the Teaching Council to impose conditions on any subsequent practising certificate issued to the teacher.
(3)
The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.
(4)
The Complaints Assessment Committee must refer to the Disciplinary Tribunal any matter that the Committee considers may possibly constitute serious misconduct.
(5)
When a matter is referred to the Disciplinary Tribunal under subsection (4), a notice must be sent to the teacher concerned setting out the charge of misconduct against him or her.
(6)
Any person authorised by the Complaints Assessment Committee may require an employer, a former employer, or a government agency to provide information that the person considers necessary for the purposes of an investigation under this section.
Compare: 1989 No 80 s 139AT
Section 401: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 401(2)(d)(v): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
402 Interim suspension until matter about or involving possible serious misconduct concluded
(1)
At any time between when the Complaints Assessment Committee receives a complaint or receives or becomes aware of a report that is about or involves a teacher’s possible serious misconduct and when the matter is concluded (as specified in section 403(6)), the Complaints Assessment Committee may apply to the chairperson of the Disciplinary Tribunal for an interim suspension of the teacher’s practising certificate or authority.
(2)
On an application under subsection (1) for an interim suspension, the chairperson of the Disciplinary Tribunal may, having regard primarily to the safety of the children in the school or early childhood education and care service and to the reputation of the teaching profession, either with or without a hearing, suspend the teacher’s practising certificate or authority.
Compare: 1989 No 80 s 139AU
Section 402: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
403 Duration of interim suspension
(1)
The duration of an interim suspension under section 402 is initially until the earliest of the following occurs:
(a)
the expiry of a period specified by the chairperson of the Disciplinary Tribunal at the time the interim suspension commences:
(b)
the expiry of a period specified by the chairperson of the Disciplinary Tribunal after the interim suspension commences:
(c)
any conditions specified by the chairperson of the Disciplinary Tribunal are met:
(d)
the interim suspension is otherwise lifted or revoked, for example, as the result of a review under subsection (2).
(2)
The chairperson of the Disciplinary Tribunal must review his or her initial interim suspension decision if the teacher—
(a)
requests him or her to do so at any time during the initial interim period of suspension; and
(b)
provides a written explanation or statement in support of the request.
(3)
The Disciplinary Tribunal may renew an interim suspension under section 402 for further successive periods specified by the chairperson of the Disciplinary Tribunal, if, at the end of the relevant period of interim suspension,—
(a)
the matter has not been concluded; and
(b)
the interim suspension has not been otherwise lifted or revoked, for example, as the result of an appeal against it under subsection (4).
(4)
A teacher whose practising certificate or authority is subject to an interim suspension under section 402 that is renewed under subsection (3) may, at any time during a further period of interim suspension, appeal the interim suspension to the Disciplinary Tribunal at a hearing, if he or she believes that there is an unreasonable delay in concluding the matter.
(5)
A hearing under subsection (4) is a hearing before the Disciplinary Tribunal, and sections 405 to 409 apply to it.
(6)
For the purposes of this section and sections 359(4) and 402(1), a matter is concluded when the later of the following occurs in relation to the complaint or report:
(a)
the Complaints Assessment Committee has carried out whatever action it decides to take under section 401(2):
(b)
the Disciplinary Tribunal has carried out whatever action it decides to take under section 404(1), if the Complaints Assessment Committee has referred the matter to the Disciplinary Tribunal under section 401(3) or (4).
Compare: 1989 No 80 s 139AUA
Section 403: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
404 Powers of Disciplinary Tribunal
(1)
Following a hearing of a charge of serious misconduct, or a hearing into any matter referred to it by the Complaints Assessment Committee, the Disciplinary Tribunal may do 1 or more of the following:
(a)
any of the things that the Complaints Assessment Committee could have done under section 401(2):
(b)
censure the teacher:
(c)
impose conditions on the teacher’s practising certificate or authority for a specified period:
(d)
suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:
(e)
annotate the register or the list of authorised persons in a specified manner:
(f)
impose a fine on the teacher not exceeding $3,000:
(g)
order that the teacher’s registration or authority or practising certificate be cancelled:
(h)
require any party to the hearing to pay costs to any other party:
(i)
require any party to pay a sum to the Teaching Council in respect of the costs of conducting the hearing:
(j)
direct the Teaching Council to impose conditions on any subsequent practising certificate issued to the teacher.
(2)
Despite subsection (1), following a hearing that arises out of a report under section 397 of the conviction of a teacher, the Disciplinary Tribunal may not do any of the things specified in subsection (1)(f), (h), or (i).
(3)
A fine imposed on a teacher under subsection (1)(f), and a sum ordered to be paid to the Teaching Council under subsection (1)(i), are recoverable as debts due to the Teaching Council.
Compare: 1989 No 80 s 139AW
Section 404: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 404(1)(i): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 404(1)(j): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 404(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
405 Evidence at Disciplinary Tribunal hearings
(1)
The Disciplinary Tribunal may—
(a)
receive evidence on oath (and for that purpose an officer or employee of the Teaching Council may administer an oath); and
(b)
permit a person appearing as a witness before it to give evidence by written statement and verify that statement by oath.
(2)
A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961 (which relates to punishment for perjury).
(3)
Except as provided in subsections (4) to (6), every hearing of the Disciplinary Tribunal must be held in public.
(4)
If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may hold a hearing or part of a hearing in private.
(5)
The Disciplinary Tribunal may, in any case, deliberate in private as to its decision or as to any question arising in the course of a hearing.
(6)
If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make any 1 or more of the following orders:
(a)
an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private:
(b)
an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:
(c)
an order prohibiting the publication of the name, or any particulars of the affairs, of the person charged or any other person.
Compare: 1989 No 80 s 139AX
Section 405: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 405(1)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
406 Powers of Disciplinary Tribunal in relation to witnesses
(1)
The Disciplinary Tribunal may require a person to do either or both of the following:
(a)
attend and give evidence at a hearing of the Disciplinary Tribunal:
(b)
produce any documents, records, or other information in his or her custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not.
(2)
A requirement under subsection (1) must be in writing and signed by the chairperson of the Disciplinary Tribunal.
(3)
A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called on the volition of the Disciplinary Tribunal itself, by the Teaching Council), witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.
Compare: 1989 No 80 s 139AY
Section 406: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 406(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
407 Offences
(1)
A person commits an offence, and is liable on conviction to a fine not exceeding $500, who, without lawful justification, fails or refuses—
(a)
to attend and give evidence when required by the Disciplinary Tribunal; or
(b)
to answer truthfully and fully any question put to him or her by a member of the Disciplinary Tribunal; or
(c)
to produce any document, record, or other information as required by the Disciplinary Tribunal.
(2)
A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if, without lawful excuse, he or she breaches an order made by the Disciplinary Tribunal under section 405(6).
Compare: 1989 No 80 s 139AZ
Section 407: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
408 Privileges and immunities
(1)
Every person who does any of the following has the same privileges as witnesses have in a court:
(a)
provides documents, things, or information to a disciplinary body:
(b)
produces documents or things to a disciplinary body:
(c)
gives evidence to, or answers questions from, a disciplinary body.
(2)
Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court.
(3)
If a person is represented at a hearing before a disciplinary body by a person other than a barrister or solicitor,—
(a)
any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and
(b)
the representative is treated as counsel for the purposes of subsection (2).
Compare: 1989 No 80 s 139AZA
Section 408: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
409 Appeals from decisions of disciplinary bodies
(1)
The teacher who is the subject of a decision by the Disciplinary Tribunal made under section 402(2) or 404 may appeal against that decision to the District Court.
(2)
The Complaints Assessment Committee may, with the leave of the Teaching Council, appeal to the District Court against a decision of the Disciplinary Tribunal made under section 402(2) or 404.
(3)
An appeal under this section must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows.
(4)
Section 356(3) to (6) applies to every appeal under this section as if it were an appeal under section 356(1).
Compare: 1989 No 80 s 139AZB
Section 409: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 409 heading: amended, on 19 May 2017, by section 150(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 409(1): amended, on 19 May 2017, by section 150(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 409(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 409(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 409(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Review of competence
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
410AA Competence Authority
(1)
The constitution of the Competence Authority must be set out in rules made under section 388, and those rules must be consistent with this section.
(2)
The Competence Authority may operate in panels, and more than 1 panel may operate at any one time.
(3)
The Competence Authority must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Teaching Council, of people who are not teachers, employers, or members of an employing body.
(4)
The majority of members on the Competence Authority, and on every panel of the Competence Authority, must hold practising certificates.
(5)
No member of the Competence Authority may be a member of the Complaints Assessment Committee or the Disciplinary Tribunal.
(6)
The rules must provide for the replacement of any member of the Competence Authority who, in relation to a particular complaint,—
(a)
made the complaint; or
(b)
is otherwise in a position of conflict of interest.
(7)
The rules must also provide for the Competence Authority to co-opt up to 2 members onto the Authority for their specialist knowledge and expertise in relation to a particular complaint.
(8)
Members co-opted onto the Competence Authority may be in addition to any limit on the number of members set in the rules.
(9)
When performing its functions and exercising its powers, the Competence Authority must act in accordance with the rules of natural justice.
Section 410AA: inserted, on 19 May 2017, by section 151 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 410AA(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
410 Complaints about competence
(1)
A person who wishes to make a complaint about a teacher’s competence must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)(a) to (d) applies.
(2)
Any person (including a parent, an employer, or a member of the Teaching Council) may, at any time, make a written complaint to the Teaching Council about the competence of a teacher—
(a)
if the complaint is about a teacher who is not currently employed by an employer; or
(b)
if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or
(c)
if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or
(d)
in any other exceptional circumstance.
(3)
The Teaching Council may investigate any matters that relate to teacher competence of its own motion as it sees fit.
(3A)
The Teaching Council may, after any investigation it decides to make, refer to the Competence Authority a complaint or other matter that relates to competence for a decision as to whether the required level of competence has been attained.
(4)
A complaint under this section by an employer or former employer must include a description of the competence issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.
(5)
If the Teaching Council considers that a complaint under this section should first have been sent to the teacher’s employer, it must refer it to the employer; and, in any other case, it must notify the employer (if the teacher is currently employed by an employer) that—
(a)
it has received a complaint about the teacher’s competence; or (as the case may be)
(b)
it is investigating the teacher’s competence of its own motion.
(6)
When the Teaching Council refers a complaint to an employer, the employer must report as required by the Teaching Council.
(7)
If the Teaching Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Teaching Council may investigate the complaint.
(8)
When a complaint about competence is made by a member of the Teaching Council, that member may not be involved in any investigation of the complaint.
Compare: 1989 No 80 s 139AZC
Section 410: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 410(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(3A): inserted, on 19 May 2017, by section 152 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 410(3A): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(5): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(6): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(7): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 410(8): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
411 Investigation by Teaching Council of mandatory reports relating to competence and referral to Competence Authority for decision
(1AA)
The Teaching Council may, after any investigation it decides to make, refer to the Competence Authority a report received by it under section 392, 393, or 395 that relates to competence.
(1)
When investigating a report that relates to competence under section 392, 393, or 395, the Teaching Council may require the teacher’s employer or former employer to supply information in addition to the information supplied in the report, and in that case, the employer or former employer must supply it.
(2)
When a report that relates to competence is made under section 392, 393, or 395 by a member of the Teaching Council, that member must not be involved in any investigation of the report.
Compare: 1989 No 80 s 139AZCA
Section 411: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 411 heading: replaced, on 19 May 2017, by section 153(1) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 411 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 411(1AA): inserted, on 19 May 2017, by section 153(2) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 411(1AA): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 411(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 411(1): amended, on 19 May 2017, by section 153(3) of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 411(2): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 411(2): amended, on 19 May 2017, by section 153(4) of the Education (Update) Amendment Act 2017 (2017 No 20).
412 Powers of Competence Authority after finding required level of competence not attained
Following any investigation of a complaint or other matter by the Teaching Council under section 410, or of a report by the Teaching Council under section 411, and referral to the Competence Authority, the Competence Authority may, if satisfied that a teacher has not attained the required level of competence,—
(a)
do any 1 or more of the following:
(i)
impose conditions on the teacher’s practising certificate or authority:
(ii)
refer the teacher to an impairment process, which may involve either or both of the following:
(A)
assessment of an impairment:
(B)
assistance with an impairment:
(iii)
annotate the register or the list of authorised persons in a specified manner, in relation to any action taken under subparagraph (i):
(iv)
direct the Teaching Council to impose conditions on any subsequent practising certificate or authority issued to the teacher; or
(b)
order the Teaching Council to cancel the teacher’s registration, practising certificate, or authority.
Section 412: replaced, on 19 May 2017, by section 154 of the Education (Update) Amendment Act 2017 (2017 No 20).
Section 412: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 412(a)(iv): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 412(b): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
412A Appeals from decisions of Competence Authority
(1)
A teacher who is the subject of a decision by the Competence Authority made under section 412 may appeal against that decision to a District Court.
(2)
An appeal under this section must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows.
(3)
Section 356(3) to (6) applies to every appeal under this section as if it were an appeal under section 356(1).
Section 412A: inserted, on 19 May 2017, by section 154 of the Education (Update) Amendment Act 2017 (2017 No 20).
Police vetting
Heading: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
413 Teaching Council must co-ordinate Police vetting
(1)
The Teaching Council must establish a system for co-ordinating Police vetting, in relation to—
(a)
teacher registration and the issue of practising certificates; and
(b)
the granting of authorities to teach.
(2)
A copy of the result of the Police vet of a person must be given to the person or body that requested it and the person who is the subject of the vet.
(3)
The Teaching Council must establish internal procedures for dealing with the Police vet requested for its own purposes that must, in particular,—
(a)
identify the person or office holder within the Teaching Council to whom the results of the Police vet must be sent; and
(b)
ensure that strict confidentiality is observed for the Police vet.
Compare: 1989 No 80 s 139AZD
Section 413: inserted, on 1 July 2015, by section 40 of the Education Amendment Act 2015 (2015 No 1).
Section 413 heading: amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 413(1): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 413(3): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Section 413(3)(a): amended, on 29 September 2018, by section 10 of the Education (Teaching Council of Aotearoa New Zealand) Amendment Act 2018 (2018 No 35).
Part 33 State integrated schools
Part 33: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
414 Interpretation
(1)
In this Part, unless the context otherwise requires,—
board, in relation to a State integrated school, means its board of trustees established under Part 9
education with a special character means education within the framework of a particular or general religious or philosophical belief, and associated with observances or traditions appropriate to that belief
effective date, in relation to an integration agreement, means the date on which the integration of the school takes place
integration has the same meaning as in section 2(1)
integration agreement means an agreement entered into under section 421
land has the same meaning as in the Land Transfer Act 1952
proprietor means the body corporate that—
(a)
has the primary responsibility for determining the special character of a school registered under section 35A and for supervising the maintenance of that special character; and
(b)
owns, holds in trust, or leases the land and buildings that constitute the premises of the private school or a State integrated school
State integrated school has the same meaning as in section 2(1).
(2)
Unless the context otherwise requires,—
(a)
every reference in this Part to a State school is to be treated as excluding a State integrated school:
(b)
every reference in the other Parts of this Act and in any other enactment or document to—
(i)
a State primary school is to be treated as including a State integrated school that is a primary school:
(ii)
a State secondary school is to be treated as including a State integrated school that is a secondary school:
(iii)
a State school is to be treated as including a reference to a State integrated school.
Compare: 1975 No 129 s 2
Section 414: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
415 Part to bind the Crown
This Part binds the Crown.
Compare: 1975 No 129 s 2A
Section 415: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Conditional integration
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
416 Preservation of special character of State integrated schools
(1)
A State integrated school must on integration continue to have the right to reflect, through its teaching and conduct, the education with a special character provided by it.
(2)
Integration must not jeopardise the special character of a State integrated school.
(3)
The proprietor of a State integrated school must, subject to the provisions of the integration agreement,—
(a)
continue to have the responsibility to supervise the maintenance and preservation of the education with a special character provided by the school:
(b)
continue to have the right to determine what is necessary to preserve and safeguard the special character of the education provided by the school and described in the integration agreement.
(4)
If, in the opinion of a proprietor, the special character of the school as defined and described in the integration agreement has been or is likely to be jeopardised, or the education with a special character provided by the school as defined and described in the integration agreement is no longer preserved and safeguarded, the proprietor may invoke the powers conferred on the proprietor by this Part.
Compare: 1975 No 129 s 3
Section 416: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
417 State integrated schools part of State system
(1)
Subject to subsection (2),—
(a)
on integration, a State integrated school becomes part of the State system of education in New Zealand; and
(b)
a State integrated school is subject to all the provisions of this Act and of all regulations made under this Act; and
(c)
a State integrated school is subject to all the provisions of the State Sector Act 1988 as if service in the employment of the board of the school were education service within the meaning of that Act.
(2)
In their application to State integrated schools, the enactments applied to State integrated schools by subsection (1) are subject to sections 416 and 475, and to the other provisions of this Part that relate to State integrated schools.
Compare: 1975 No 129 s 4
Section 417: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Procedure for establishing, disestablishing, merging, and closing State integrated schools
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
418 Application to negotiate integration
(1)
The proprietor of a school that is registered under section 35A, and any person who proposes to establish a school with the intention that it become a State integrated school, may apply to the Minister to enter into negotiations for integration under this Part.
(2)
If the Minister accepts an application to negotiate, the applicant and the Minister may enter into negotiations for an integration agreement under section 421.
(3)
If the Minister declines the application, the applicant may make a fresh application at any time.
(4)
Without limiting the factors that the Minister may consider, the Minister must, in considering an application, consider the nature, character, and capacity of the existing network of schools.
(5)
The Minister may, in the Minister’s absolute discretion,—
(a)
accept applications to enter into negotiations for integration under this Part; and
(b)
after giving any public notice that the Minister considers appropriate, decide not to consider applications from particular areas.
Compare: 1975 No 129 s 5
Section 418: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
419 Applications relating to proposed schools
If a person who proposes to establish a school with the intention that it become a State integrated school makes an application under section 418, this Part applies to the application and to any subsequent negotiations and agreements prior to integration as if—
(a)
the applicant were a proprietor; and
(b)
the school were a school registered under section 35A.
Compare: 1975 No 129 s 6
Section 419: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
420 Negotiation of integration agreements
(1)
The Minister and an applicant may commence negotiations for an integration agreement under section 421 at any time after the Minister has accepted an application under section 418.
(2)
During the course of negotiations, the Minister may consult any interested persons or groups that the Minister considers appropriate.
Compare: 1975 No 129 s 6A
Section 420: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
421 Integration agreements
(1)
The Minister (and only the Minister) may approve the establishment of a private school as a State integrated school.
(2)
The Minister must signify his or her approval by entering into an integration agreement with the proprietor.
(3)
No proprietor is competent to execute an integration agreement unless the proprietor is constituted as a body corporate.
(4)
Every integration agreement must record the agreement of the proprietor that no persons employed at the school and paid for their services in whole or in part out of money appropriated by Parliament may be—
(a)
paid by the proprietor or the proprietor’s agents any remuneration additional to that provided for by this Act; or
(b)
granted or permitted any condition of service more favourable than that permitted in the case of a person employed in a State school.
Compare: 1975 No 129 s 7(1)–(5)
Section 421: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
422 Other matters that may be included in integration agreements
(1)
Without restricting the provisions that may be included in an integration agreement, any integration agreement may include provisions for all or any of the following matters:
(a)
specifying the land and buildings that constitute the school to which the integration agreement refers:
(b)
specifying any part of the land or buildings owned or leased by the proprietor and used in conjunction with the school before integration that do not constitute part of the school:
(c)
describing the education with a special character for which the school is or was originally established:
(d)
prescribing the religious or philosophical instruction and observances that are to form part of the school programme after integration:
(e)
providing for the determination of the maximum number of students who may be enrolled in the school:
(f)
permitting limitation of the number of children not given preference of enrolment under the provisions of section 442 who are required to be enrolled if places are available:
(g)
any other particular matter that is relevant to the education with a special character for which the school was originally established:
(h)
any other matter that is not contrary to the provisions of this Part.
(2)
Despite anything in subsection (1)(e), when determining the basis of the limitation under subsection (1)(f), regard must be had only to the necessity of preserving and safeguarding the education with a special character that the school provides.
Compare: 1975 No 129 s 7(6)
Section 422: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
423 Integration agreements: machinery matters
(1)
Any proprietor may enter into integration agreements for the integration of more than 1 school.
(2)
There must be a separate integration agreement for each school that is to become a State integrated school.
(3)
If the Minister and the proprietor agree, the terms of an integration agreement may be varied by a supplementary agreement.
(4)
Despite section 421, the Minister’s power to enter into a supplementary agreement may be delegated under section 28 of the State Sector Act 1988.
(5)
An integration agreement is, for all purposes, a binding agreement between the proprietor and the Crown.
Compare: 1975 No 129 s 7(7)–(10)
Section 423: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
424 Effective date of integration agreement
(1)
Every integration agreement must specify an effective date.
(2)
A State integrated school’s board must take office on the effective date.
(3)
In any case where the requirements of this section are not met, the Minister may give notice to the proprietor of a new effective date as the Minister thinks fit, and the integration agreement must be interpreted accordingly.
Compare: 1975 No 129 s 8
Section 424: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
425 Notification of integration agreement
Every integration agreement must be notified in the Gazette, and a copy of every integration agreement must be retained by the Secretary and must be available for inspection without charge by any member of the public on an Internet site maintained by the Secretary.
Compare: 1975 No 129 s 10
Section 425: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
426 Minister may require information to be provided
(1)
This section applies in any of the following situations:
(a)
a proprietor or a potential proprietor has applied to integrate a school:
(b)
the Minister holds reasonable concerns about the ability of a proprietor or potential proprietor to meet any obligation under an integration agreement or under this Part:
(c)
a proprietor or potential proprietor has submitted a specific funding request to the Minister or the Secretary.
(2)
If this section applies, the Minister may require the relevant proprietor or potential proprietor to provide all or any of the following:
(a)
all of the information needed to assess the financial and managerial capacity of the proprietor or potential proprietor:
(b)
any other information that the Minister considers relevant to assessing—
(i)
an application to integrate a school:
(ii)
any concerns about the ability of a proprietor or potential proprietor to meet any obligation under an integration agreement or under this Part:
(iii)
any funding request that a proprietor or potential proprietor has submitted.
Section 426: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
427 Cancellation of integration agreement
(1)
An integration agreement may be cancelled—
(a)
by the Minister, in which case section 428 applies; or
(b)
by the proprietor, in which case section 429 applies; or
(c)
by agreement between the Minister and the proprietor, in which case section 430 applies.
(2)
On the cancellation of an integration agreement,—
(a)
the school ceases to be a State integrated school; and
(b)
the respective rights and obligations of the parties that arise by virtue of the integration agreement cease to have effect; and
(c)
in the absence of an agreement to the contrary, the school is to be treated as provisionally registered as a school under section 35A.
Compare: 1975 No 129 s 11
Section 427: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
428 Cancellation by Minister
The Minister may cancel an integration agreement under section 427(1)(a) if—
(a)
it appears to the Minister on reasonable grounds that the proprietor or the board of the State integrated school is not sufficiently carrying out the functions and obligations accepted by it under this Act or under the integration agreement; and
(b)
the Minister has consulted the proprietor, the board, and other interested persons or groups as the Minister considers appropriate.
Compare: 1975 No 129 s 11A
Section 428: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
429 Cancellation by proprietor
(1)
A proprietor may give notice of an intention to cancel an integration agreement under section 427(1)(b) if—
(a)
it appears to the proprietor on reasonable grounds that—
(i)
the special character of the State integrated school has been or is likely to be jeopardised; or
(ii)
the Minister or any board is not carrying out the functions and obligations accepted by the Minister or the board under this Act or the integration agreement; and
(b)
the proprietor has consulted the Minister, the board, and any other interested persons or groups as the proprietor considers appropriate.
(2)
The notice of intention to cancel takes effect as a cancellation of the integration agreement under section 427(1)(b) on the date that is 4 months after the date of the notice.
Compare: 1975 No 129 s 11B
Section 429: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
430 Cancellation by agreement between parties
The Minister and the proprietor may cancel an integration agreement under section 427(1)(c) by mutual agreement, after consultation with other interested persons or groups as they consider appropriate.
Compare: 1975 No 129 s 11C
Section 430: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
431 Mergers
(1)
A State integrated school may merge with another State integrated school (the merging schools) if—
(a)
each school has the same proprietor; and
(b)
each school has the same or a similar special character; and
(c)
the proprietor has consulted the Minister; and
(d)
the Minister determines that the schools may merge.
(2)
Before determining whether the State integrated schools may merge, the Minister must—
(a)
be satisfied that—
(i)
the proprietor has made reasonable efforts to consult its adult students or the parents of its full-time students (other than adult students) about the proposed merger; and
(ii)
the consultation that has taken place for each school is adequate in the circumstances; and
(iii)
the creation of a single school by the proposed merger (the continuing school) is appropriate in the circumstances; and
(b)
consult the boards of all the other schools whose rolls might, in the opinion of the Minister, be affected by the proposed merger.
(3)
If the Minister determines that the State integrated schools may merge, the proprietor must apply under section 418 to negotiate an integration agreement for the school that is to be created by the merger.
(4)
If an integration agreement is negotiated, the Minister must give notice of the merger in the Gazette.
(5)
The notice takes effect on a day specified in the notice, and has effect as follows:
(a)
the merging schools are part of the continuing school:
(b)
if the continuing school and each merging school are not already administered by a single board,—
(i)
the board of each merging school is dissolved; and
(ii)
all rights, assets, liabilities, and debts of each merging school are vested in the board of the continuing school:
(c)
the continuing school is a school of the class specified in the notice and provides education for the student class levels specified in the notice.
(6)
The notice does not affect the name of the continuing school.
(7)
Before a notice given under subsection (4) takes effect, the Minister must give notice in the Gazette of whether,—
(a)
during the period between a date specified in the notice and the date on which new trustees take office, the board of the continuing school is to be—
(i)
the board of the continuing school plus at least 1 co-opted trustee representing each of the merging schools; or
(ii)
a board appointed by the Minister; or
(b)
the board of the continuing school is to have an alternative constitution approved under section 98A.
(8)
The board of the continuing school must have no more than 4 members appointed by the proprietor.
Section 431: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
432 Closure of State integrated school
If it appears to the Minister that for the reason set out in section 428(a) a State integrated school should be closed, the Minister may, after the consultation referred to in section 428(b), disestablish and close the school.
Compare: 1975 No 129 s 12
Section 432: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
433 Notification of cancellation or of closing of State integrated school
When an integration agreement is cancelled under section 427, or when a State integrated school is closed under section 432, the Minister must give notice of the cancellation or closure in the Gazette.
Compare: 1975 No 129 s 15
Section 433: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
434 Disposal of assets on cancellation of integration agreement or closing of State integrated school
(1)
This section applies if expenses or capital expenditure appropriated by Parliament has been used to meet all or part of the cost of supplying a State integrated school with furniture, or equipment, or other chattels, and the integration agreement for that school is cancelled, or the school is closed.
(2)
If this section applies, the furniture, equipment, or chattels may be disposed of by the Secretary at his or her sole discretion, whether by sale or otherwise, and the disposition has effect as if the Secretary were the owner.
(3)
However, any sale must be by way of public auction or public tender.
Compare: 1975 No 129 s 16(1)
Section 434: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
435 Repayment of moneys advanced
(1)
This section applies if—
(a)
expenses or capital expenditure appropriated by Parliament has been advanced otherwise than by way of loan to be used to meet all or part of the cost of erecting any building or supplying or installing any fixture as part of a State integrated school; and
(b)
the integration agreement for that school is cancelled, or the school is closed.
(2)
The current value of the contribution to the building or fixture from the money appropriated must be assessed by the Minister.
(3)
The amount assessed is to be treated as a debt due by the proprietor to the Crown, and is to be treated as a charge on the land of the State integrated school.
(4)
That charge may be registered without the payment of a fee against the land under the provisions of the Statutory Land Charges Registration Act 1928.
(5)
However, the Minister may, with the agreement of the Minister of Finance, approve the writing off of all or part of the debt.
(6)
For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under subsection (3), and any certificate releasing the charge, may be signed by the Secretary.
Compare: 1975 No 129 s 16(2), (3)
Section 435: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
436 Moneys to be paid into Crown Bank Account
(1)
In the case of any sale made under section 434(2), the money received must be credited to a Crown Bank Account.
(2)
In the event of the cancellation of an integration agreement, or the closing of a State integrated school, any unspent money granted to the board of that school for that school under this Act or under regulations made under this Act or under any other Act must be credited to a Crown Bank Account.
Compare: 1975 No 129 s 16(4), (5)
Section 436: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
437 Certain assets remain vested in proprietors
Subject to sections 434 to 436, if an integration agreement is cancelled, or a State integrated school is closed, any land, buildings, chattels, and other interests relating to the school that are vested in the proprietor remain vested in the proprietor.
Compare: 1975 No 129 s 16(8)
Section 437: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
438 Restriction on cancellation of integration agreement or closure of State integrated schools
No integration agreement may be cancelled in accordance with section 427, and (despite anything in section 154) no State integrated school may be closed under section 432, solely on the ground that adequate accommodation for the students exists in an adjacent State school.
Compare: 1975 No 129 s 17
Section 438: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
439 Compensation
If an integration agreement is cancelled, or a State integrated school is closed, no compensation of any kind is due or payable to the proprietor.
Compare: 1975 No 129 s 18
Section 439: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Administration
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
440 Administration of State integrated schools
(1)
Except as provided in this Part, all the provisions of this Act and of any other enactment relating to the education of the people of New Zealand in State schools apply to a State integrated school.
(2)
Subject to sections 416 and 417, when a private school is integrated it must be controlled and managed and operate in all respects as if it were a State school.
(3)
The powers of control and management of the board of a State integrated school must be exercised subject to the provisions of sections 416 and 417.
(4)
To give effect to subsection (3), the board of a State integrated school must make provision for adequate consultation between the board and the proprietor of that school.
Compare: 1975 No 129 ss 19, 25(6)
Section 440: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Enrolment, conditions of attendance, and instruction of students at State integrated schools
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
441 Free education
Every student enrolled at a State integrated school must be given free education on the same terms and in accordance with the same conditions as students enrolled at a State school.
Compare: 1975 No 129 s 35(1)
Section 441: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
442 Preference of enrolment
The children of parents who have a particular or general philosophical or religious connection with a State integrated school must be preferred to other children for enrolment at the school.
Compare: 1975 No 129 s 29
Section 442: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
443 Participation in general school programmes
By enrolling a student at a State integrated school, the parent is taken to have accepted as a condition of enrolment that the student is to participate in the general school programme that gives the school its special character.
Compare: 1975 No 129 s 30
Section 443: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
444 Instruction of students
(1)
Each State integrated school must instruct its students in accordance with the curricula and syllabuses prescribed under this Act or any regulations made under this Act.
(2)
However, the general school programme must reflect the education with a special character provided by the State integrated school, and religious and other examples may be used to reinforce teaching throughout the school day.
Compare: 1975 No 129 s 31
Section 444: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
445 Religious observances and religious instruction
(1)
Subject to the provisions of section 444, if religious observances and religious instruction form part of the education with a special character provided by a State integrated school, these must continue to form part of the general school programme in accordance with the terms and conditions prescribed in the integration agreement relating to that school.
(2)
If religious observances and religious instruction form part of the education with a special character provided by a State integrated school, that school—
(a)
must be responsive to the sensitivities of students and parents of different religious or philosophical affiliations; and
(b)
may not require a student of a different religious or philosophical affiliation to participate in religious observances and religious instruction concerned with particular observances if the parents of the student state at any time that they do not wish that student to participate.
Compare: 1975 No 129 s 32
Section 445: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
446 School transport assistance
In providing school transport assistance for students enrolled at a State integrated school, the Secretary must have reasonable regard to the preference of parents to enrol their children at a State integrated school or at a State school.
Compare: 1975 No 129 s 34
Section 446: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
447 Attendance dues
(1)
The proprietor of a State integrated school may, if the integration agreement for the school so provides, enter into an agreement with the parents or other persons accepting responsibility for the education of a child providing that the parents or other persons must pay attendance dues as a condition of the child’s enrolment at the school.
(2)
The dues must be established for the State integrated school or group of State integrated schools at the rates, and subject to the conditions, that are approved by the Minister by notice in the Gazette.
(3)
Revenue received by the proprietor from attendance dues must be used solely for the following:
(a)
paying, in respect of the school or group of schools in respect of which it is received, for improvements to the State integrated school or schools’ buildings and associated facilities that are required by any integration agreement or integration agreements under section 456(2)(c):
(b)
any capital works that may be required by the Minister under section 456(2)(d):
(c)
meeting debts, mortgages, liens, or other charges associated with the land and the buildings that constitute the premises of the State integrated school or schools.
(4)
No revenue received by the proprietor from attendance dues may be used to provide or improve the State integrated school buildings and associated facilities to a standard higher than that approved by the Secretary as appropriate for a comparable State school.
Compare: 1975 No 129 s 36(1)–(4)
Section 447: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
448 Withdrawal and reinstatement of right to charge attendance dues
(1)
Should any proprietor use any revenue from attendance dues for any purpose other than one permitted by section 447, the Minister may, despite anything in the integration agreement, by notice in the Gazette, withdraw the right to charge attendance dues, and the board must, while the withdrawal continues, permit the attendance of children without the payment of attendance dues.
(2)
The Minister may, by notice in the Gazette, cancel any withdrawal at any time.
Compare: 1975 No 129 s 36(5)
Section 448: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
449 Consequences of failure to pay attendance dues
(1)
If a parent, or other person who has accepted the responsibility for the education of a child, has entered into an agreement to pay attendance dues and fails to make a payment, the payment not made may be recoverable from that parent or person in any court of competent jurisdiction as a debt due to the proprietor.
(2)
Any failure to make payment constitutes grounds for the principal of the State integrated school to suspend the child from attendance at that school and to remove the child’s name from the school register.
(3)
However, no child may be suspended and have his or her name removed from the school register until arrangements have been made to the satisfaction of the Secretary for the child to be enrolled at some other school.
Compare: 1975 No 129 s 36(6), (7)
Section 449: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
450 Accounts for attendance dues
(1)
Each proprietor who is permitted to charge attendance dues must keep accounts in a manner approved by the Secretary showing—
(a)
the total amount of attendance dues received; and
(b)
how the attendance dues have been spent.
(2)
The accounts must be—
(a)
balanced at a date each year approved by the Secretary; and
(b)
audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).
(3)
The proprietor must send a copy of the accounts, together with the auditor’s report on them, to the Secretary by a date to be approved by the Secretary.
Compare: 1975 No 129 s 36(8)
Section 450: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
451 Financial contributions
(1)
In addition to the power to collect attendance dues under section 447, the proprietor of a State integrated school may—
(a)
conduct fund-raising activities within the school; and
(b)
inform the parents of the financial obligations of the proprietor in the prospectus and in other ways; and
(c)
request the parents of students attending the school to make regular financial contributions to the proprietor for the benefit of the proprietor in meeting any debt, mortgage, lien, and other charge associated with the land and buildings that constitute the school premises or are associated with the school.
(2)
Financial contributions other than attendance dues must be made on a voluntary basis and no student may be refused enrolment because of the unwillingness of the parents to contribute in this way.
Compare: 1975 No 129 s 37(1), (2)
Section 451: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
452 Restrictions on fund-raising
No board of any State integrated school, nor the principal nor any member of the staff (whether employed or retained as a teacher or in any other capacity), nor any student of the school may take part during normal school hours in any school activity directed to raising funds for the benefit of the proprietor in meeting any debt, mortgage, lien, or other charge associated with the land and buildings that constitute the school premises or are associated with the school.
Compare: 1975 No 129 s 37(3)
Section 452: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
453 Accounts of money raised under section 451
The proprietor must—
(a)
keep accounts of money raised by it and by a board, principal, staff member, or student under this section; and
(b)
have the accounts audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013) at least once in every period of 12 months; and
(c)
make a copy of the accounts and of the auditor’s report on them available on request to the parents of students attending the State integrated school and to other contributors.
Compare: 1975 No 129 s 37(4)
Section 453: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
454 Fund-raising
Subject to the provisions of section 451, the board, the principal, staff members, and students of a State integrated school may take part in fund-raising activities in the same manner and for the same purposes for the benefit of the students of the school that are permitted in the case of State schools.
Compare: 1975 No 129 s 38
Section 454: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
455 Use of school office
The school office of a State integrated school may be used for the purpose of communication between the proprietor of the school and the parents of students enrolled at the school, and for other purposes related to the benefit of the school and the students.
Compare: 1975 No 129 s 39
Section 455: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Proprietors of State integrated schools
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
456 Powers and responsibilities of proprietors
(1)
The proprietor of a State integrated school must exercise its powers under an integration agreement in a manner that is consistent with section 416.
(2)
Subject to subsection (1), the proprietor of a State integrated school—
(a)
owns, holds upon trust, or leases the land and buildings that are specified in the integration agreement as constituting the school premises; and
(b)
must accept and meet the liability for all mortgages, liens, and other charges upon the land and buildings; and
(c)
must plan, pay for, and implement, over the period that may be specified in the integration agreement, the improvements to the school buildings and associated facilities that are required in accordance with the integration agreement to bring the buildings and associated facilities up to the minimum standard laid down by the Secretary for State schools; and
(d)
must plan, implement, and pay for the capital works that are approved or required by the Minister, with a view to replacing, improving, or enlarging the school, its buildings, and its associated facilities to maintain the school, its buildings, and its associated facilities at the minimum standard laid down by the Secretary for comparable State schools; and
(e)
may own, hold upon trust, or lease and control, and maintain any land, buildings, and associated facilities that, although not part of the school in terms of the integration agreement, are regarded by the proprietor as appropriate to maintain the special character of the school; and
(f)
may, in conjunction with the board, make provision for the accommodation of students living away from home; and
(g)
must insure all the buildings, chattels, and other assets owned, held upon trust, or leased by the proprietor for the purposes of the school against risks normally insured against with some reputable insurance company; and
(h)
must arrange with its insurers that the policy of the insurance is endorsed to the effect that the benefit of the indemnity provided by the policy extends to the Minister for the buildings, chattels, and other assets paid for in whole or in part by a loan or grant made out of money appropriated by Parliament; and
(i)
must, together with the proprietor’s agents and licensees, have at all reasonable times access to the school to ensure that the special character of the school is being maintained.
Compare: 1975 No 129 s 40
Section 456: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
457 Decision-making criteria for proprietors
(1)
When making a decision under a provision of this Part, a proprietor must take into account—
(a)
the ability of the proprietor’s State integrated school or schools to continue to provide the level of education required; and
(b)
the average per student cost of the continued operation of the proprietor’s State integrated school or schools relative to the average per student cost for other State schools; and
(c)
the extent to which the proprietor’s State integrated school or schools provide for students whose needs are not met by other State schools; and
(d)
the ability of the proprietor to meet any obligations regarding the proprietor’s State integrated school or schools over the next 7 years.
(2)
A proprietor must assess the proprietor’s compliance with subsection (1) at least once every 5 years.
(3)
However, the Secretary may direct a proprietor to carry out an assessment at any time if the Secretary considers it appropriate in the circumstances.
(4)
The proprietor must, as soon as practicable,—
(a)
complete any assessment begun under subsection (2) or (3); and
(b)
provide the Secretary with a copy of the assessment.
Section 457: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
458 Consequences of failure to arrange insurance
Despite section 456(2)(h), in any case where the proprietor has not arranged with the proprietor’s insurers for the benefit of any policy of insurance to extend to the Minister,—
(a)
no money appropriated by Parliament may be used to pay any part of the cost of repairing or replacing any buildings, chattels, or other assets that have been destroyed or damaged from any cause whatsoever; and
(b)
any additional charges by way of premium made by the insurer for the extension of the benefit of any policy of insurance to the Minister may not be met out of money appropriated by Parliament.
Compare: 1975 No 129 s 40(2)(h)
Section 458: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
459 Proprietors not to question curriculum or teaching methods
The right of access specified in section 456(2)(i) does not give a proprietor the right to question the curriculum or the teaching methods adopted by the teachers, both of which are, subject to the provisions of this Act, controlled by the principal of the State integrated school.
Compare: 1975 No 129 s 40(2)(i)
Section 459: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
460 Leases of land
(1)
The proprietor of a State integrated school must obtain the prior consent of the Minister before entering into a lease relating to land that is used, or to be used, for the school.
(2)
If the proprietor fails to obtain the prior consent of the Minister to a lease, the lease is not affected but the Minister may cancel the integration agreement under section 427.
Compare: 1975 No 129 s 40A
Section 460: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
461 Assistance to proprietors
(1)
The Minister may, with the concurrence of the Minister of Finance, approve the granting of loans from capital expenditure that may be appropriated by Parliament for the purpose to the proprietor of any State integrated school.
(2)
The loans are to be made for the purposes and subject to the terms and conditions, including the writing off of any amount repayable, that the Minister, with the concurrence of the Minister of Finance, determines.
Compare: 1975 No 129 s 42
Section 461: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
462 Proprietors unable to meet obligations
(1)
In the event of the proprietor of a State integrated school becoming unable to meet the financial or other commitments accepted by them under the integration agreement, they must notify the Minister.
(2)
If the Minister is notified, the Minister may, after any consultation with the proprietor that the Minister thinks necessary,—
(a)
cancel the integration agreement in accordance with section 427; or
(b)
close the State integrated school under section 432; or
(c)
arrange for the acquisition by the Crown, in accordance with the Public Works Act 1981, of any land, buildings, and chattels relating to the State integrated school that are owned or leased by the proprietor and that the Minister considers appropriate for the purpose of establishing a State school.
(3)
When the Minister acts in accordance with subsection (2)(a) or (b), the provisions of this Act relating to the cancellation of an integration agreement or to the closure of a State integrated school apply.
Compare: 1975 No 129 s 44
Section 462: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
Appointment and employment of teachers
Heading: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
463 Requirements in respect of appointments of teachers
(1)
The board of a State integrated school must appoint teachers in that school in accordance with the provisions of the State Sector Act 1988.
(2)
When a board delegates to a committee the power to appoint a teacher or to recommend the appointment of a teacher, that committee must contain at least 1 of the persons appointed to the board by the proprietor.
Compare: 1975 No 129 s 63
Section 463: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
464 Religious instruction: appointments to special positions relating to character of State integrated school
Subject to the provisions of this section, where religious instruction forms part of the special character of a State integrated school,—
(a)
if provided for by the integration agreement, an advertisement for the position of principal of that school must state that a willingness and an ability to take part in religious instruction appropriate to that school is a condition of appointment:
(b)
if provided for by the integration agreement, the board of that school must—
(i)
designate a position at that school as director of religious studies; and
(ii)
state in any advertisement for that position that a willingness and an ability to take part in religious instruction appropriate to that school is a condition of appointment (a director of religious studies must be a member of the normal staffing entitlement of the school, as established by regulations made under this Act; and
(iii)
carry out the teaching duties, if any, that may be provided for in the integration agreement):
(c)
the board must—
(i)
designate any other proportion of teaching positions in that school that may be provided for in the integration agreement as positions of importance carrying a responsibility for religious instruction; and
(ii)
state in advertisements for the positions that a willingness and an ability to take part in religious instruction appropriate to that school is a condition of appointment:
(d)
the board must state in any advertisement for a position at that school that a willingness and an ability to take part in religious instruction appropriate to that school is a condition of appointment if—
(i)
that school is a primary school; and
(ii)
the person holding the position of deputy principal of that school or a position of assistant principal at that school has responsibility for supervising the junior classes at that school; and
(iii)
it is provided for by the terms of the integration agreement of that school.
Compare: 1975 No 129 s 65(1)
Section 464: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
465 Effect of religious instruction requirements in advertisements
If, in accordance with section 464, an advertisement for a position states a requirement that a willingness and an ability to take part in religious instruction is a condition of appointment, any person appointed to that position must accept that requirement as a condition of the person’s appointment.
Compare: 1975 No 129 s 65(2)
Section 465: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
466 Restrictions on requirement for teacher to take part in religious instruction
Except as provided in section 464, the appointment of a teacher to a position in a State integrated school may not be conditional on the willingness and ability of that teacher to take part in religious instruction, and no appointed teacher may be required to take part.
Compare: 1975 No 129 s 65(3)
Section 466: inserted, on 19 May 2017, by section 155 of the Education (Update) Amendment Act 2017 (2017 No 20).
467 Other special positions
(1)
If an integration agreement records that any teaching position in the State integrated school concerned is a special position that requires particular capabilities on the part of the teacher holding it, an advertisement for that position must require an appoint