Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750702864.pdf (New Zealand)
2012/34 Canterbury Earthquake (Education Legislation) Order 2012 Jerry Mateparae, Governor-General Order in Council At Wellington this 12th day of March 2012 Present: His Excellency the Governor-General in Council Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, His Excellency the Governor-General makes the following order, acting— (a) on the advice and with the consent of the Executive Council; and on the recommendation of the relevant Minister made follow- ing the Canterbury Earthquake Recovery Review Panel’s re- view of a draft of the order.
Contents Title Commencement Expiry Interpretation Modification of enrolment scheme New section 11AA Page 2 2 2 2 3 3 1 (b) cl 1 Canterbury Earthquake (Education Legislation) Order 2012 2012/34 11AA Purpose of special enrolment scheme for school in specified area New section 11CA 11CA Special enrolment scheme New section 65DA 65DA Minister may vary meaning of half-day immediately New section 78HA 78HA Further purpose of Part in relation to managing risk resulting from Canterbury earthquakes New section 78IA 78IA Further application of interventions to manage risk resulting from Canterbury earthquakes Exemption with respect to annual report, audit, financial statement, etc Modification of section 146 of Act Modification of Education (Early Childhood Services) Regulations 2008 3 3 3 4 4 5 5 5 5 6 6 7 Order Title This order is the Canterbury Earthquake (Education Legisla- tion) Order 2012.
Commencement This order comes into force on 2 April 2012.

Expiry This order expires on the close of 1 April 2013.

Interpretation In this order, unless the context otherwise requires,— Act means the Education Act 1989 specified area means the districts of the following territorial authorities: Christchurch City Council: (a) (b) Selwyn District Council: (c) Waimakariri District Council.
(1) 2 2012/34 Canterbury Earthquake (Education Legislation) Order 2012 cl 7 (2) Any term or expression that is not defined in this order but that is defined in the Education Act 1989 or the Education Act 1964 or the Canterbury Earthquake Recovery Act 2011 has, in this order, the meaning given to it by that Act.
(3) Any modifications and extensions to the Act or to the Edu- cation (Early Childhood Services) Regulations 2008 made by this order do not affect the text of the Act or the regulations but require the Act or the regulations to be read as if the Act or the regulations had been amended in the manner indicated in the order.
5 6 Modification of enrolment scheme While this order is in force, a student who was enrolled at a school in the specified area on 22 February 2011 continues to be regarded as living in the home zone of the school for the purposes of that school’s enrolment scheme.
New section 11AA While this order is in force, the Act must be read as if the following section were inserted after section 11A of the Act: “11AA Purpose of special enrolment scheme for school in specified area The purpose of a special enrolment scheme under section 11CA is to manage risk that may occur as a result of the Canterbury earthquakes to the network of schools and to the education and welfare of students both within and beyond the specified area.” 7 New section 11CA While this order is in force, the Act must be read as if the following section were inserted after section 11C of the Act: “11CA Special enrolment scheme “(1) The Secretary may, for the purpose set out in section 11AA, approve a special enrolment scheme for a school in the speci- fied area, by written notice to the school’s board.
“(2) A special enrolment scheme approved under subsection (1) may include (without limitation) any 1 or more of the follow- ing in relation to the school: 3 cl 8 Canterbury Earthquake (Education Legislation) Order 2012 2012/34 “(a) “(b) “(c) a definition of its home zone: categories or descriptions of students who are to be treated as if they live in the home zone for the purpose of section 11D(1): a method for selecting applicants who live outside the home zone: “(d) procedures and instructions for the operation of the scheme.
“(3) The school’s board must comply with any procedures or in- structions for the operation of the scheme that are set out in the scheme.

“(4) A special enrolment scheme approved under subsection (1)— “(a) commences on the date specified in the notice; and “(b) overrides, until further notice, any other enrolment scheme that the school has; and “(c) may be amended or revoked by the Secretary, by written notice to the board.
“(5) Sections 11C, 11E to 11N, and 11PA do not apply to a special enrolment scheme or to a school that has a special enrolment scheme.” 8 New section 65DA While this order is in force, the Act must be read as if the following section were inserted after section 65D of the Act: “65DA Minister may vary meaning of half-day immediately “(1) The Minister may, by written notice to a school’s board, au- thorise the board to apply a meaning of half-day that differs from the meaning it has in section 65B(3), if the Minister is satisfied that the varied meaning is appropriate in the circum- stances.
“(2) An authorisation under subsection (1) may be given either un- conditionally or subject to any conditions that the Minister considers appropriate.

“(3) The Minister may, by written notice to a school’s board, re- quire the board to operate the school in accordance with a meaning of half-day that differs from the meaning it has in sec- tion 65B(3), if the Minister is satisfied that the varied meaning and operation are appropriate in the circumstances.
4 2012/34 Canterbury Earthquake (Education Legislation) Order 2012 cl 10 “(4) A student enrolled at a state school must comply with section 25 even if the meaning of half-day is varied under subsection (1) or (3).
“(5) Subsection (1) or (3) (as the case may be) overrides the provi- sions in section 77 of the Education Act 1964 concerning the times at which state primary schools are to be kept open.” 9 New section 78HA While this order is in force, the Act must be read as if the following section were inserted after section 78H of the Act: “78HA Further purpose of Part in relation to managing risk resulting from Canterbury earthquakes A further purpose of this Part is to provide for interventions to manage risk that may occur as a result of the Canterbury earthquakes to the network of schools and to the education and welfare of students both within and beyond the specified area.” 10 New section 78IA While this order is in force, the Act must be read as if the following section were inserted after section 78I of the Act: “78IA Further application of interventions to manage risk “(1) resulting from Canterbury earthquakes In addition to the reasons for interventions set out in section 78I, the Minister or Secretary (as the case may be) may apply any of the interventions described in section 78I(1)(b) to (e) to a school if he or she has reasonable grounds to believe that the intervention is needed to manage risk that may occur as a result of the Canterbury earthquakes to the network of schools and to the education and welfare of students both within and beyond the specified area.
“(2) When applying an intervention for the reasons set out in sub- section (1), the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to manage the risk without intervening more than necessary in the affairs of the school.
“(3) The application of an intervention under this section does not preclude the application of any other intervention, either sim- ultaneously or at any other time.” 5 cl 11 11 (1) Canterbury Earthquake (Education Legislation) Order 2012 2012/34 Exemption with respect to annual report, audit, financial statement, etc If the Secretary is satisfied that a board of a school in the spe- cified area,— (a) in respect of the financial year ending on 31 Decem- ber 2010, is unable to access or locate the records that it needs to comply with section 87, 87A, or 87C(1) of the Act, the board is exempt from requirements of those sections (which relate to the preparation of annual re- ports, annual financial statements and their audit, and the provision of audited annual financial statements to the Secretary) until it is reasonably practicable for the board to comply with those requirements: in respect of the financial year ending on 31 Decem- ber 2011, is unable to comply with the requirements of section 87, 87A, or 87C(1) of the Act, the board must comply with those requirements as soon as is reason- ably practicable but no later than 30 November 2012.
(b) (2) While this order is in force, the Minister may omit from any report prepared and presented under section 87B of the Act any information that is not available as a result of subsection (1).

(3) While this order is in force, the Minister is exempt from pro- viding, under section 87C(2) of the Act, copies of statements that are not available as a result of subsection (1).
12 Modification of section 146 of Act (1) While this order is in force, section 146 of the Act must be read as if the following subsection were inserted after subsection (1): “(1A) After consultation with the board of the relevant school and subject to subsection (2), the Minister may, by notice in the Gazette, re-establish a school established in the specified area under subsection (1) if the Minister has reasonable grounds to believe that the temporary or permanent relocation of the school would contribute to the efficient, effective, and eco- nomic rebuilding of the part of the school network damaged in the Canterbury earthquakes.” 6 2012/34 (2) Canterbury Earthquake (Education Legislation) Order 2012 Explanatory note Section 146(3) and (4) of the Act apply with all necessary modifications if notice is given under section 146(1A) of the Act.
13 Modification of Education (Early Childhood Services) Regulations 2008 While this order is in force, the Secretary may waive the li- censing fee for a service required under regulation 25 of the Education (Early Childhood Services) Regulations 2008 if— (a) the Secretary is satisfied that the service— (i) was closed as a result of damage caused by the Canterbury earthquakes; and (ii) was, immediately before being closed, a licensed service; and (b) the service— (i) is unable to reopen at the premises where it oper- ated before it was closed owing to damage caused by the Canterbury earthquakes; and applies for a licence to operate in different premises.
(ii) Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note This note is not part of the order, but is intended to indicate its general effect.
This Order in Council, which comes into force on 2 April 2012 and expires on 1 April 2013, modifies the operation of the Education Act 1989 (the Act) by— • allowing students who were attending schools on 22 February 2011 in Christchurch or the Selwyn or Waimakariri Districts (the specified area) and who have to relocate temporarily to other places because of the Canterbury earthquakes to have a right to enrol at those schools (see clause 5): 7 Explanatory note Canterbury Earthquake (Education Legislation) Order 2012 2012/34 • • • • • providing for special enrolment schemes for schools in the specified area to manage risk to the school network and stu- dents’ education and welfare (see clauses 6 and 7): allowing the meaning of “half-day” to be varied immediately by the Minister, without consultation requirements, and re- quire school boards to apply the varied meaning, so as to ac- commodate necessary variations in the opening and operating hours of schools (see clause 8): extending the circumstances in which interventions can be made in schools under Part 7A of the Act to include managing risk to the school network and students’ education and welfare that may occur as a result of the Canterbury earthquakes (see clauses 9 and 10): providing temporary exemptions from some financial report- ing requirements in Part 8 of the Act (see clause 11): allowing the Minister to re-establish a school if its relocation would contribute to the rebuilding of the part of the school network damaged in the Canterbury earthquakes (see clause 12).
This Order in Council also modifies the Education (Early Childhood Services) Regulations 2008 by allowing the Secretary to waive, in certain circumstances, the licensing fee for a licensed service that was closed by the Canterbury earthquakes (see clause 13).

This Order in Council is made under the Canterbury Earthquake Re- covery Act 2011 and its effect is temporary.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 15 March 2012.


This order is administered by the Ministry of Education.

12 8 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012