Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
38 Long-term exemptions from enrolment


An employee of the Ministry designated by the Secretary for the purpose (a designated officer) may, on application by a parent of the student, grant the parent a certificate that exempts the student from the requirements of section 35 if the designated officer is satisfied that the student—


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


is to be taught at least as regularly and well as in a specialist school or a special service (if the student would otherwise be likely to need special education).


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


The Secretary’s decision is final.


An exemption certificate granted under this section must state why it was granted.


The Secretary may revoke an exemption certificate, but only if the Secretary—


has made reasonable efforts to get all of the relevant information; and


has considered a report on the matter from the Chief Review Officer; and


is not satisfied under subsection (1).


If the Secretary thinks any student to whom an exemption certificate applies would be better off if receiving special education, the Secretary may revoke the certificate and issue a direction under section 37.


An exemption certificate expires when the person to whom it applies turns 16 years or enrols at a registered school, whichever occurs first.


A certificate continues in force until it is revoked or expires.

Compare: 1989 No 80 s 21