Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750349807.pdf (New Zealand)
2022/302 Education (When State Schools Must Be Open) Regulations 2022 Cindy Kiro, Governor-General Order in Council At Wellington this 21st day of November 2022 Present: Her Excellency the Governor-General in Council These regulations are made under section 638 of the Education and Training Act 2020 on the advice and with the consent of the Executive Council.
Contents Title Commencement Interpretation Transitional, savings, and related provisions Length of school year Terms Holidays Exceptions in particular cases Multiple timetable arrangements Schedule 1 Transitional, savings, and related provisions Schedule 2 2023: school terms and holidays Schedule 3 2024: school terms and holidays Page 2 2 2 2 2 2 3 4 4 5 6 7 1 Education (When State Schools Must Be Open) Regulations 2022 2022/302 Regulations Title These regulations are the Education (When State Schools Must Be Open) Regulations 2022.
Commencement These regulations come into force on 1 January 2023.

Interpretation In these regulations, unless the context otherwise requires, Act means the Edu‐ cation and Training Act 2020.

Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.
Length of school year Primary, intermediate, and specialist schools must be open for— r 1 (1) (a) (b) 386 half-days in 2023; and 384 half-days in 2024.

(2) Secondary and composite schools must be open for— (a) (b) 380 half-days in 2023; and 380 half-days in 2024.

(3) (4) 6 (1) Except as provided in the Act, a board must ensure that each school it adminis‐ ters is open for instruction on the number of half-days specified for the school.
If, because of a strike or lockout, a school is not open for instruction on any half-day, the school is to be treated as having been open for instruction on that half-day.

Compare: 2020 No 38 Schedule 21 cl 1 Terms Schools must,— (a) (b) for the 2023 school year, observe the relevant term dates specified in Schedule 2: for the 2024 school year, observe the relevant term dates specified in Schedule 3.
(2) A 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 term dates specified— 2 2022/302 Education (When State Schools Must Be Open) Regulations 2022 r 7 (a) (b) for the 2023 school year in Schedule 2: for the 2024 school year in Schedule 3.
(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) (b) (c) has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected about the pro‐ posed variation and it is generally acceptable; and is satisfied that the adoption of the proposal would not result in the stu‐ dents of the school spending less time in school than other students in comparable schools and other local schools; and has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.
(4) A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subclause (3)(a) if— (a) (b) (c) the variation is made for operational reasons; and the variation applies for no more than 2 days; and the board has not made a variation under this subclause during the previ‐ ous 6 weeks.

(5) A student enrolled at a State school must comply with section 36 of the Act even if the school’s board varies the time of any 1 or more half-days.
(6) On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

(7) 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 fixed under regulation 5(1) and (2).
Compare: 2020 No 38 Schedule 21 cl 2 7 Holidays (1) A board must ensure that each school it administers is closed on— (a) (b) (c) (d) Saturdays, Sundays, New Year’s Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, Labour Day, Christmas Day, and Boxing Day; and the day observed as anniversary day in the locality in which the school is situated; and if 1 January falls on a Friday, the following Monday; and if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and 3 r 8 (2) Education (When State Schools Must Be Open) Regulations 2022 2022/302 (e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol‐ lowing Monday.
If a school experiences a bereavement in respect of a student or staff member or experiences some other traumatic event, the board may, subject to regulation 5, close the school for an appropriate period of time.
Compare: 2020 No 38 Schedule 21 cl 3 8 Exceptions in particular cases A board may open a school it administers for fewer half-days in any year than required by regulation 5(3) in the following cases: (a) (b) (c) (d) construction at the school means the school is unable to open on some days during term and as a result the school is unable to meet its half-day requirements by 20 December in 2023 or 2024: the school is rendered uninhabitable on short notice: to accommodate any teacher-only days agreed with the Minister: to accommodate any public holiday in addition to those specified in regulation 7(1) that may be introduced in 2023 or 2024.
Compare: 2020 No 38 Schedule 21 cl 4 9 Multiple timetable arrangements A board may run a multiple timetable arrangement for a period that the board specifies for a school it administers to accommodate the education of students enrolled at another school that does not have adequate facilities available for those students if the board— (a) (b) (c) has adequately consulted its staff, the parents of its students, and the local community about the proposed multiple timetable arrangement; and considers that the multiple timetable arrangement is appropriate in the circumstances; and has taken all reasonable steps to notify every affected student and a parent of the student in writing of the multiple timetable arrangement and the time periods each day for which the affected student’s timetable runs.
Compare: 2020 No 38 Schedule 21 cl 5 4 2022/302 Education (When State Schools Must Be Open) Regulations 2022 Schedule 1 Schedule 1 Transitional, savings, and related provisions r 4 Part 1 Provisions relating to these regulations as made There are no transitional, savings, or related provisions in these regulations as made.
5 Schedule 2 Education (When State Schools Must Be Open) Regulations 2022 2022/302 Schedule 2 2023: school terms and holidays Start date Term 1 (10 weeks) Between Monday 30 January (at the earliest); and Tuesday 7 February (at the latest) End date Thursday 6 April (86 to 96 half-days) Holidays Public holiday: Monday 6 February (Waitangi Day) r 6(1)(a) 2 (10 weeks) Monday 24 April Friday 30 June (96 half-days) 3 (10 weeks) Monday 17 July 4 (10 weeks) Monday 9 October Friday 22 September (100 half-days) No later than Wednesday 20 December (up to 104 half-days)* School holiday: Friday 7 April to Sunday 23 May (includes Good Friday, Easter Monday, and Easter Tuesday) Public holidays: Tuesday 25 April (ANZAC Day), Monday 5 June (Sovereign’s Birthday) School holiday: Saturday 1 July to Sunday 16 July (includes Matariki) School holiday: Saturday 23 September to Sunday 8 October Public holiday: 23 October (Labour Day) School holiday: 5 or 6 weeks (from school’s closing date until opening date of school the following year) *For primary, intermediate, and special schools: or a day in December that ensures that the school has been open for instruction for a minimum of 386 half-days in 2023.
For secondary and composite schools: or a day in December that ensures that the school has been open for instruction for 380 half- days in 2023.
6 2022/302 Education (When State Schools Must Be Open) Regulations 2022 Explanatory note Schedule 3 2024: school terms and holidays Start date Term 1 (10 weeks) Between Monday 29 January (at the earliest); and Wednesday 7 February (at the latest) End date Friday 12 April (90 to 102 half-days) 2 (10 weeks) Monday 29 April Friday 5 July (96 half- days) 3 (10 weeks) Monday 22 July 4 (10 weeks) Monday 14 October Friday 27 September (100 half-days) No later than Friday 20 December (up to 98 half-days)* r 6(1)(b) Holidays Holidays during term: Tuesday 6 February (Waitangi Day), 29 March (Good Friday), 1 April (Easter Monday), and 2 April (Easter Tuesday) School holiday: Saturday 13 April to Sunday 28 April (includes ANZAC Day) Public holidays: Monday 3 June (Sovereign’s Birthday), Friday 28 June (Matariki) School holiday: Saturday 6 July to Sunday 21 July School holiday: Saturday 28 September to Sunday 13 October Public holiday: Monday 28 October (Labour Day) School holiday: 5 or 6 weeks (from school’s closing date until opening date of school the following year) *For primary, intermediate, and special schools: or a day in December that ensures that the school has been open for instruction for a minimum of 384 half-days in 2024.
For secondary and composite schools: or a day in December that ensures that the school has been open for instruction for 380 half- days in 2024.

Rachel Hayward, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 1 January 2023.

They specify when schools must be open in 2023 and 2024.

Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 24 November 2022.

These regulations are administered by the Ministry of Education.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 7