Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750531355.pdf (New Zealand)
Education Amendment Bill Government Bill As reported from the Education and Science Committee Commentary Recommendation The Education and Science Committee has examined the Education Amendment Bill and recommends by majority that it be passed with the amendments shown.
Introduction This bill is intended to amend the Education Act 1989 in two princi- pal ways; by setting out the legal framework for a new type of school, to be known as partnership schools kura hourua; and by establishing powers regarding surrender and retention of property.

The bill would make a number of miscellaneous amendments to other parts of the Act.

This commentary covers the major amendments that we recommend; it does not discuss minor or technical amendments.
Surrender and retention of property The bill as introduced includes a number of new sections intended to clarify the powers of the school to search and retain students’ prop- 77—2 2 Education Amendment Bill Commentary erty.

There was some concern that these powers would be too restrict- ive on schools.
The majority of us propose a number of amendments to this part of the bill, to clarify the provisions in the bill, and en- sure that schools could exercise appropriate powers in respect of the properties they occupy.

Authorised staff The majority of us recommend amending clause 28, new section 139AAA, to create a power for school boards to authorise appropri- ate staff other than teachers to exercise the powers of surrender and retention of property.
These powers would be restricted to persons in an employment relationship with the school board.

The majority of us believe that some non-teaching staff members, such as guidance counsellors, might be suitable to exercise these powers.

Where ap- propriate staff members were given authority, it would have to relate to a specific power or powers, and to be noted in writing; it could also be conditional.
Search and seizure The majority of us recommend inserting new section 139AAAB, in clause 28, to allow a teacher or staff member to require that a student remove their jacket or outer clothing so that it can be searched, and to require the search to comply with the safeguards detailed in new sec- tion 139AAAC.

The removal of outer clothing would not be permit- ted if the student had no other clothing, or only underclothes, under the outer clothing.
Students might be suspected of having harmful or illegal items in the pockets of their jackets or outerwear, and the new section proposed would make it clear for teachers how they would be permitted to search for such items.

The majority of us also recommend new section 139AAAB pro- vide a power to require the removal of items such as head covering, gloves, footwear, or socks, (which does not include tights or stock- ings), which would not otherwise be classified as outer clothing.
The majority of us recommend amending section 139AAD to allow a teacher or an authorised staff member to take reasonable disciplinary steps if a student refuses to remove any outer clothing, head covering, gloves, footwear, or socks, or to surrender a bag or other container.
Commentary Education Amendment Bill 3 The recommended new section 139AAAB would allow a teacher or other staff member to require a student to hand over a bag or other container and allow it to be searched, if they believed the student is in possession of a harmful item.
The majority of us are concerned that the legislation as introduced would prohibit a teacher from requiring a student to hand over a bag containing a harmful item, leaving the teacher unable to take this step to provide a safe learning environ- ment.
The majority of us also recommend inserting new section 139AAAC, to require that any search be carried out with sensitivity and so as to afford the student maximum privacy and decency; and that where possible the search be carried out by a teacher of the same sex as the student, in the presence of another teacher or authorised staff member of the same sex.

The majority of us believe these restrictions would minimise the potentially invasive aspect of such searches.
None of the changes proposed to the Education Act would in any way affect police search powers or the use of dogs.

Bodily samples The majority of us recommend amending section 139AAB so that teachers or staff members could encourage a student to participate in a voluntary drug programme that involved testing of bodily sam- ples.
The bill as introduced would prohibit teachers from requiring students to provide a bodily sample, which might be interpreted as preventing school staff from suggesting students participate in volun- tary drug programmes, since they may involve drug testing.
School boards can already require that drug testing be an agreed condition of return to school after a suspension; but we hope that this amendment clarifies that schools may encourage students to enter programmes involving drug testing without the student having to undergo suspen- sion.

Drug dogs The majority of us recommend amending clause 28, new section 139AAC, to allow a contractor to bring a suitably trained dog to a school to search school property.
We heard that the use of drug dogs effectively deters students from bringing drugs to school.

However, the majority of us believe because of potential New Zealand Bill of 4 Education Amendment Bill Commentary Rights Act 1990 issues, among other reasons, dogs operated by con- tractors should not be used to detect drugs on students, but only to search school property, such as lockers or desks.

Our amendment specifies what property the dogs could and could not search.
Rules and guidelines The majority of us recommend amending clause 28, new section 139AAF, to require the Secretary of Education to issue rules regard- ing the surrender and retention of property and searches by schools.

The bill as introduced provides for the Secretary to issue such rules, but we believe that their issuance should be mandatory.

The major- ity of us also recommend amending new subsection (2), and inserting new clause 40A, to reflect the passage of the Legislation Act 2012.
To ensure the appropriate application of these rules, we also recom- mend amending clause 28 to add new section 139AAG, making it mandatory for the Secretary for Education to issue guidelines about exercising the powers of searches and the surrender and retention of property.

Guidelines can provide more explanation, examples, and description of best practice than is possible in rules.
Boards, prin- cipals, teachers, and authorised staff members must have regard to these guidelines when setting their schools’ policies and procedures.

This should give schools the best possible assistance in managing this difficult area.
Some of us considered whether this clause should include a require- ment for the Secretary to consult the sector before issuing guidelines; the majority of us believe this consultation is very important, but con- sider that it is standard practice so does not need to be mandated in legislation.
The majority of us also note that if the legislation ex- plicitly required consultation, this would unnecessarily restrict the Secretary when a minor technical change was involved, or when an immediate change was needed.

The majority of us believe the guidelines should address the rights of families when their child is subject to these provisions.
We are aware that Community Law has produced a document, “Schools and the Right to Discipline”, which outlines the rights of a parent, but we understand it has not been updated for several years.

We have an expectation that it would be updated to reflect any changes resulting from the passage of this legislation.
Commentary Education Amendment Bill 5 The majority of us recommend amending clause 2 so that clauses 28 and 40A, which deal with surrender and retention and transitional provisions, would come into force on 1 January 2014.

This would allow time for the Secretary to develop the necessary rules and guide- lines, so that they could come into force at the same time as the rele- vant provisions in the legislation.
The rest of this Act would come into force the day after the date on which it received the Royal assent.

Bags or containers in a student’s control The bill makes a number of references to bags or containers that are in a student’s control.

We considered including a definition of “con- trol” in this context.

For example, if a student is made to leave a room without their bag, we considered whether the bag is still under their control and whether a teacher could then search the bag without their agreement.
However, the majority of us feel such questions are better addressed in the guidelines than in legislation, as guidelines can provide examples and discussion of the appropriate application of these sections.

When the Secretary of Education is developing the guidelines, the majority of us would expect to see consideration given to the issue of a manufactured loss of control, such as we have described above, and it should be clear that this does not imply relin- quished control.
Partnership schools kura hourua We considered whether partnership schools should be subject to the same oversight as existing state schools, for example via the Om- budsman.

On balance it is our view that the Ombudsmen Act 1975 should apply to the exercise of discipline powers relating to suspen- sions, expulsions, stand-downs, and exclusions, and we therefore recommend amending clause 31, new section 158X, and inserting new clause 43.
This provision would have the effect of ensuring that all children and their families would have access to the Ombudsman.

We also considered the possibility of independent dispute or com- plaints processes for schools.

We note that currently, any board of trustees in New Zealand can initiate an independent review process, and that whether they choose to avail themselves of this right depends on an individual board’s disciplinary policy.
6 Education Amendment Bill Commentary We recommend amending clause 31, new section 158D(3), to require any contract between the Minister of Education and a partnership school sponsor to include a procedure for the independent review of complaints against the school.

The independent entity conducting the review would make recommendations to the sponsor if an issue arose that was not resolved satisfactorily through a partnership school’s internal processes.
Such a review process is important since students are legally required to enrol in and attend school, and parents have no contractual relationship with the institution.

We recommend inserting new section 158DA in clause 31 to allow a person who refers a complaint about a sponsor to the Ombudsman to refer a complaint to an independent reviewer in respect of the same matter.

We believe that it is important parents be able to access both review options.
The independent reviewer would be able to review the complaint irrespective of whether or not the Ombudsman had completed its investigation, and irrespective of the outcome.

We feel that including the Ombudsman in the review process would benefit students and their families in managing the practical aspects of com- plaints about disciplinary decisions.

It would also allow the students and their families to benefit from the existing body of precedent re- lating to the disciplinary process.
We recommend the inclusion of new clauses 40B, 40D, 40E, 40F, and 42 to make consequential amendments to various Acts to reflect the introduction of partnership schools.

Other amendments We recommend amending clause 21 to prevent the Minister of Edu- cation from approving an alternative constitution for a board unless he or she has reasonable cause to believe that an alternative constitu- tion is in the best interests of the school or schools governed by the board.
We are concerned that the bill as introduced implies that the Minister would not be required to take account of this consideration in some circumstances, and we believe dividing new subsection (1A) into new subsections (1AA) and (1A) would clarify the intention.

We considered recommending amending clause 21, new subsection (1B), to include an explicit requirement for the Minister to consult on whether the alternative constitution is in the best interests of the school.
However, a legislated consultation requirement already ap- Commentary Education Amendment Bill 7 plies where schools are being merged, a new school established, or school boards combined, and, as these are the circumstances where the provisions in new subsection (1B) would apply, a separate con- sultation requirement is unnecessary.
As it is proposed to amend the Education Act to allow the allo- cation of National Student Numbers to children not enrolled at an early childhood education centre, we recommend inserting a new clause 40C to make a consequential amendment to Schedule 1A of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
This is necessary, as Schedule 1A as introduced authorises the disclosure of certain information for the purposes of verifying and updating “student” information held on the National Student Index, a term that does not apply to children who are not enrolled.

Minority views New Zealand Labour Party The New Zealand Labour Party does not support the introduction of partnership schools.
We believe that the Government should be fo- cused on ensuring that every school in New Zealand is a great school, and that every student has access to a broad education that allows them to fulfil their individual potential.

We are concerned that the Government is narrowing the focus of the education system, focus- ing on a small set of measurable targets to the exclusion of a broad and balanced curriculum.
We recognise that schools are places where stu- dents develop communication, self-management, perseverance, cu- riosity, and social skills, and we need to value these too.

The failed competitive model The introduction of partnership schools is based on the failed no- tion that increased competition will improve overall educational out- comes.
Even the Treasury has argued that schooling systems that use highly competitive elements, including partnership schools, do not produce systematically better outcomes.

The New Zealand Labour Party is concerned that in one of the areas the government has high- lighted for partnership schools, Christchurch, existing schools are be- ing closed or merged partly on the basis of existing over-provision.
No partnership school should be allowed to operate in an area where state schools have been forced to close or merge.

8 Education Amendment Bill Commentary Quality teaching At a time when the Government claim they are focused on increas- ing the quality of teaching, and announced in Budget 2012 that they intended to introduce a postgraduate qualification as a requirement for all trainee teachers, this bill allows partnership schools to em- ploy staff with no formal teaching qualifications at all.
The bill does not even require the principal of a partnership school to be a qualified teacher.

We note the comments of submitters who produced evidence to show that schooling systems with the highest rates of performance in the OECD also have some of the most stringent teacher registra- tion requirements.

The New Zealand Labour Party recognises that teaching requires a unique set of skills, and believes that all teachers should be appropriately qualified for the job and registered.
Public scrutiny The New Zealand Labour Party is concerned that partnership schools will not be subject to the same level of public scrutiny as existing state schools.

We were alarmed to learn that the government has ig- nored the concerns raised by the Ombudsman about the exemption of partnership schools from the Official Information Act.

These schools will receive significant amounts of taxpayer funding and should be held accountable for how they use it.
A broad and balanced curriculum All students in New Zealand schools should be taught a broad and balanced curriculum.

The existing New Zealand Curriculum is recognised as one of the best in the world.

We are concerned that partnership schools will not have to teach to the existing curriculum, and subjects such as science may be distorted to fit the beliefs of school owners, rather than ensuring that students gain a solid under- standing of established scientific principles.
It is still unclear who will approve the curriculum that a partnership school will teach to.

The profit motive The New Zealand Labour Party does not believe that partnership schools should be allowed to operate as private, profit-making en- terprises.

Money withdrawn from the education system in the form of profits is money that is not going towards educating young New Commentary Education Amendment Bill 9 Zealanders.
The Government is placing an over-reliance on the “con- tract” with partnership school operators, and excluding partnership schools from many of the existing scrutiny and accountability mech- anisms on that basis.

Parents will be excluded from decisions affect- ing their child’s education because there will be no boards of trustees.

There are no restrictions on who or what can be a partnership school sponsor, and no clear process is set out in the legislation for approv- ing applications.
Enrolment Partnership schools will not have an enrolment zone.

There is nothing to prevent a partnership school from accepting the majority of their enrolments from outside the school’s immediate neigh- bourhood.

The government claims that partnership schools will be targeted towards priority learners, yet there is nothing in legislation to ensure that this happens.

We remain concerned that partnership schools will use under-hand methods to “cherry pick” students.
Underachieving students We recognise that there are a number of learners who are currently struggling within the school system.

Māori and Pasifika students often have lower rates of qualification attainment than their counter- parts.

The New Zealand Labour Party believes that the government should be focused on ensuring that all students, regardless of which school they attend, are supported to reach their full potential.
The Government should be carefully reviewing the evidence about what works and extending programmes that have already been proven, rather than embarking on an ideological experiment that, even if suc- cessful, would only benefit a small number of students.

Flexibility already exists A variety of different types of school already exist within legisla- tion, for example special character schools can already be established within the existing public schooling framework.
There is no need to create a new category of partnership schools in order to achieve the flexibility that the Government claims it seeks.

10 Education Amendment Bill Commentary No mandate for partnership schools The New Zealand National Party government began working on pro- posals for partnership schools before the 2011 general election, yet it appeared nowhere in their manifesto.
Before this bill has even progressed through Parliament, the Government have already begun the process of establishing partnership schools.

We believe that this shows absolute contempt for those who took the time to make sub- missions, including those who submitted in favour of partnership schools but suggested amendments to the bill as drafted.

At the very least the commencement of this bill should be delayed until after the next general election, so that voters can have their say on it.
The future of partnership schools On-going funding and support for partnership schools will not be guaranteed under a future New Zealand Labour Party government.

We will not guarantee any partnership schools established during the term of the present Government the right to integrate into the state school system.
We reserve the right to impose additional contrac- tual obligations on any partnership schools established, such as a re- quirement to employ registered teachers and the removal of exemp- tion from the Official Information Act 1982.

No further partnership schools will be established under a New Zealand Labour Party gov- ernment and legislation allowing for their establishment will be re- pealed.
Other provisions The New Zealand Labour Party opposes the proposal in the bill that would allow property developers to derive a profit from the use of Crown land for the building and leasing of early childhood educa- tion facilities on school sites.
Community-owned and -operated early childhood education facilities can already be built and provided on land designated for state education and the New Zealand Labour Party believes this approach should be encouraged, rather than the privatisation of a community asset proposed by this bill.

Green Party of Aotearoa New Zealand The Green Party of Aotearoa New Zealand opposes this legislation almost in its entirety.
While some aspects of the Education Act might Commentary Education Amendment Bill 11 be better clarified by some provisions of this bill, its primary pur- pose is to establish partnership schools to the detriment of a strong high-quality public education system.

We also disagree with the pro- vision of more stringent and in our view unjustified search powers by schools of children and young people.
Partnership schools kura hourua We consider that the establishment of this new class of publicly funded but unaccountable school is a deliberate attempt to extend the privatisation of the public school system into the primary sector.

New Zealand’s education system scores extremely well in OECD comparisons and this new model of corporate schooling is a direct import from countries who score well below New Zealand’s ranking.
We cannot see how importing a failed model of privatised yet pub- licly funded schools from lower ranked nations could advance New Zealand’s educational reputation nor the educational achievement of New Zealand’s children.

The bill provides these schools with a high level of discretion and control but with very little regulatory oversight of their operations.
We agree with the new provision that allows for application of the Ombudsmen Act to these schools but remain concerned that the Of- ficial Information Act provisions do not apply to organisations who receive public funding.
While we were told that contractual arrange- ments between the government and the school would be publicly available, we know from other similar public service privatisation examples, such as private prisons, that crucial financial information is kept from the public on the grounds of commercial sensitivity.

That concern has not been allayed during the consideration of this bill.
Neither are we convinced by any evidence presented during the se- lect committee hearings that these new partnership schools will pro- vide any better education to the children with the greatest educa- tional need.
Again we were assured that the contracts between these schools and the government will be focused on these learners, but overseas evidence shows clearly that these schools tend to cherry- pick the more successful students from the vulnerable learning popu- lation and leave the genuinely vulnerable students without the edu- cation support they need.

This risk is exacerbated by the absence of a requirement that teachers at these schools be registered teachers.
While described by some submitters as a necessary alternative, we 12 Education Amendment Bill Commentary consider that these schools are a dangerous experiment on the chil- dren who are the most in need of the highest quality best practice learning environment.
We believe that the New Zealand public education system has all the best practice models and flexibility needed to deliver for the so-called tail of underachievement but that as a result of a political deal be- tween the New Zealand National Party and ACT New Zealand par- ties, those demonstrably effective opportunities are being ignored in favour of this political experiment.
Search and surrender While we agree that a school must be a safe place for students and teachers we do not believe the additional powers in the bill can be jus- tified.

We were dismayed that committee members suggested word- ing for the legislation which was contrary to the expert advice that we received from submitters who were experts in human rights, teach- ing, and safety.
The provisions to search, including under head wear and in socks, are unnecessary and are more rightly the search powers that are exercised by the police.

In addition the legislation does not make clear that teachers have no authority to engage in police-like searches and that students can refuse to be searched.

The rules and guidelines are yet to be developed that will give teachers clear bound- aries on what they can lawfully require of a student or what searches families can expressly refuse to allow.
Too many of the boundaries of the search powers are left to the Ministry to develop and this makes the law unclear and in our view unworkable.

The New Zealand First Party The New Zealand First Party wishes to acknowledge the 2,193 sub- mitters on this Amendment Bill.
The New Zealand First Party also acknowledges that of these submitters 2,100 were opposed to the cre- ation of partnership schools kura hourua, 62 were in support of part- nership schools, and approximately 31 remained silent on this spe- cific issue inside their submissions.
The committee heard or were provided with several examples, from submitters both supporting and opposing the creation of partnership schools, of how provisions currently available inside the Education Commentary Education Amendment Bill 13 Act 1989 can and do provide the suggested flexibility and innovation required for a successful partnership school.

For example, Mai I Te Maru o Nga Kura-a-Iwi o Aotearoa is a group of 23 iwi or tribal schools.
According to their in-favour submis- sion they are high performing schools in terms of literacy, numeracy, Ngā Whanaketanga Rūmaki Māori-Māori-medium National Stand- ards and NCEA and they are rightly proud of that record.

However the committee also heard that they were created, are currently oper- ating and have achieved their success under the flexible provisions of the existing Education Act.
The committee heard that inside mainstream schools there are classes or units being run under alternative educational philosophical guide- lines, for example Montessori Units.

The School Trustees Associ- ation confirmed that under current legislation the board of trustees of any state school can open a unit of special character should they be- lieve there is a demand for such a unit or classroom from their school community.
We heard that under the current legislation the board of trustees of any state school already has the ability to set the time of the school day as long as it does not contravene the minimum require- ment of attendance inside Part 7, section 65B(3)(b) of the Education Act.
The New Zealand First Party remains disappointed that while it was never denied by advisors or the Partnership Schools Working Party that this flexibility already exists, that a predetermined view was developed to ignore this reality so as to “create the environment” which allows the sponsors of partnership schools to take advantage of other amendments in the bill.

We understand from advisors that these amendments will see partnership schools bulk funded to the level of a Decile 3 state school.
This will be inclusive of the prop- erty dollar, targeted education grant, and teacher salaries, but without any requirement to spend those monies on modern learning environ- ments, qualified and registered teachers, or the delivery of the full New Zealand Curriculum.
The Partnership Schools/Kura Hourua Working Group informed us that the motivation for these schools is “to lift educational achieve- ment amongst our most disadvantaged students.” The New Zealand First Party has been unable to establish how partnership schools will be able to target these specific students, particularly those whose academic performance has them sitting at stanine one to stanine 14 Education Amendment Bill Commentary three–referred to as the tail of the bell curve–when the bill itself directs partnership schools to have an open door enrolment policy without zone restrictions.
The New Zealand First Party believes it is worthy of note that while two submitters spoke in general defence of profit motive no arguments were forwarded by any submitters in support of a “for profit” industry around partnership schools.

The New Zealand First Party also notes that many submitters held current or past teaching qualifications and that they came to the com- mittee in good faith with a strong belief in teaching as a profession.
They also came with an expectation that the members of Parliament they addressed would hear their submissions with an open mind.

We were disappointed that not only did some members of the committee suggest that a professional standing was not required as there was “an inherent ability” to teach in every human but that it was also sug- gested by some members that these submitters’ opinions and views be dismissed as having a vested interest as opposed to carrying any professional expertise.
The New Zealand First Party remains committed to the best in- dividual educational outcomes possible for each and every New Zealand student.

We do not believe that the application of part- nership schools kura hourua as developed in this Amendment Bill will achieve this goal for either the suggested target student body or the country as a whole.
As a consequence, while good work has been done around amendments to the surrender and retention provisions and with further policy work that saw the reinstatement of the Ombudsman around suspensions, stand-downs, exclusions, and expulsions, the New Zealand First Party will oppose the bill upon its return to the House.

Commentary Education Amendment Bill 15 Appendix Committee process The Education Amendment Bill was referred to the committee on 18 October 2012.
The closing date for submissions was 24 January 2013.

We received and considered 2,193 submissions from interested groups and individuals.

We heard 99 submissions, at hearings in Christchurch and Auckland as well as Wellington.

We received advice from the Ministry of Education.

The Regula- tions Review Committee reported to the committee on the powers contained in new sections 139AAA and 139AAF.
Committee membership Dr Cam Calder (Chairperson) Carol Beaumont Catherine Delahunty Hon Jo Goodhew Chris Hipkins Colin King Tim Macindoe Tracey Martin Simon O’Connor Dr Megan Woods Metiria Turei replaced Catherine Delahunty for this item of business.
Education Amendment Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text deleted by a majority Hon Hekia Parata Education Amendment Bill Government Bill Contents Title Commencement Principal Act Part 1 Amendments to principal Act Right to free primary and secondary education Section 2 amended (Interpretation) Section 3 amended (Right to free primary and secondary education) Section 7A amended (Certain domestic students may be required to pay fees for tuition from correspondence schools) Expulsion and exclusion of students and attendance at school Section 16 amended (Secretary’s powers when excluded student younger than 16) Section 17D amended (Re-enrolment of excluded or expelled student) Section 25 amended (Students required to enrol must attend school) Section 31 amended (Ensuring attendance of students) Secondary-tertiary programmes Section 31B amended (Provider group for secondary-tertiary programme) 77—2 Page 6 6 6 6 7 7 7 8 8 9 10 1 Education Amendment Bill Section 31F amended (Recognition as lead provider of secondary-tertiary programme) Section 31G amended (Lead provider to co-ordinate secondary-tertiary programme) Section 31I amended (Entry into secondary-tertiary programme) Multiple timetable arrangements New section 65DA inserted (Multiple timetable arrangements) 65DA Multiple timetable arrangements Functions and powers of boards Section 75 replaced (Boards to control management of schools) 75 Functions and powers of boards Enrolment records Section 77A amended (Enrolment records) Annual financial statements of boards Section 87C amended (Annual financial statements of boards) School boards Section 98 replaced (Boards of newly established schools) 98 Boards of newly established schools Section 101 amended (Elections of trustees) Section 105A amended (Minister may approve alternative constitution in certain cases) Section 110 amended (Boards may combine) Teacher registration Section 120 amended (Interpretation) Section
 120A amended (Restrictions on appointment of teachers) Section 120B amended (Restrictions on continued employment of teachers) Section 137 amended (Offences) Corporal punishment Section 139A amended (No corporal punishment in early childhood services or registered schools) Education Amendment Bill Surrender and retention of property and searches 28 New sections 139AAA to 139AAG inserted 139AAA Surrender and retention of property 139AAAB Searches of clothing and bags or other containers 139AAAC Restrictions on searches under section 139AAAB 139AAB Limitations on sections 139AAA and 139AAAB 139AAC Prohibitions on searches by contractors 139AAD Refusal to reveal, produce, or surrender item 139AAE Power to search storage containers not affected 139AAF Rules about surrender and retention of property and searches 139AAG Guidelines about surrender and retention of property and searches Secretary may require information for proper administration of Act Section 144A amended (Secretary may require information for proper administration of Act) Merging schools Section 156A replaced (Minister may merge schools) 156A Minister may merge schools 156AB Election or appointment of boards of continuing schools 156AC Alternative constitutions for continuing schools 29 30 Partnership schools kura hourua 31 New Part 12A inserted Part 12A Partnership schools kura hourua 158A Interpretation Approval and operation of partnership schools kura hourua 158B Minister may approve sponsors 158C Minister must appoint advisory group 158D Partnership school contracts 158DA Complaints 158E Prohibitions on operation of partnership schools kura hourua 16 26 27 27 28 29 3 Education Amendment Bill Sponsor’s duties 158F 158G Sponsor to control management of partnership school kura hourua 158H School rules 158I 158J Annual financial statements of partnership
 schools Sponsor’s power to delegate kura hourua 158K Partnership school kura hourua may participate in school risk management scheme 158L Intervention in partnership school kura hourua by Secretary Enrolment in partnership schools kura hourua 158M Enrolment in partnership schools kura hourua 158N Equal rights to primary and secondary education in partnership schools kura hourua 158O Special education in partnership schools kura hourua Multiple timetable arrangements 158P Multiple timetable arrangements in partnership schools kura hourua Exclusions 158Q Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua 158R Re-enrolment by partnership school kura hourua of student excluded or expelled 29 30 30 30 32 32 32 33 34 34 35 35 36 Courses and visits 158S Courses and visits outside partnership school kura 37 hourua premises Application of Act to partnership schools kura hourua 158T Application of this Act to partnership schools kura hourua 158U Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua Application of other Acts to partnership schools kura hourua 158V Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua 38 39 39 4 Education Amendment Bill 158W Application of Privacy Act 1993 to partnership schools kura hourua 158X Official Information Act 1982 not to apply to partnership schools kura hourua New Zealand Qualifications Authority Section 246 amended (Interpretation) Section 246A amended (Functions of Authority) Early childhood education and care centres Section 319J replaced (Centres situated on property owned by the Crown) 319J Centres situated on property owned by, or leased to, the Crown National student numbers Section 342 amended (Interpretation) Section 343 amended (Assigning national student numbers) Section 344 amended (Use of national student numbers) Section 345 amended (Student may use or disclose own national
 student number) Section 346 amended (Offences) Part 2 Transitional provisions and consequential amendments Transitional provisions Transitional provision relating to Criminal Procedure Act 2011 Transitional provision relating to Legislation Act 2012 Consequential amendments Amendment to Accident Compensation Act 2001 Amendment to Births, Deaths, Marriages, and Relationships Registration Act 1995 Amendments to Health Act 1956 Amendments to Immigration Act 2009 Amendment to Income Tax Act 2007 Amendment to Local Government (Rating) Act 2002 Amendment to Official Information Act 1982 Amendments to Ombudsmen Act 1975 32 33 34 35 36 37 38 39 40 40A 40B 40C 40D 40E 40F 41 42 43 40 40 40 40 41 41 42 42 42 42 42 43 43 43 44 44 44 44 44 45 45 5 cl 1 Education Amendment Bill The Parliament of New Zealand enacts as follows: Title This Act is the Education Amendment Act 2012.
Commencement This Act comes into force on the day after the date on which 5 it receives the Royal assent.

Sections 28 and 40A come into force on 1 January 2014.

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Principal Act This Act amends the Education Act 1989 (the principal Act).
10 Part 1 Amendments to principal Act Right to free primary and secondary education Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: “partnership school contract means a contract for the oper- ation of a partnership school kura hourua entered into under section 158D and, in relation to a sponsor, means the part- nership school contract to which the sponsor is a party “partnership school kura hourua means a school in respect of which— “(a) the Minister has approved a sponsor under section 158B; and a partnership school contract is in force “(b) “primary partnership school kura hourua means a partner- ship school kura hourua designated as a primary partnership school kura hourua by notice under section 158B “sponsor means a body approved by the Minister under sec- tion 158B to operate a partnership school kura hourua”.
In section 2(1), replace the definition of principal with: 15 20 25 30 1 2 (1) (2) 3 4 (1) (2) 6 (3) 5 6 Education Amendment Bill Part 1 cl 7 “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”.
In section 2(1), replace the definition of registered school 5 with: “registered school means a school that is a State school, a partnership school kura hourua, or a school registered under section 35A”.

Section 3 amended (Right to free primary and secondary education) In section 3, after “State school”, insert “or partnership school kura hourua”.
Section 7A amended (Certain domestic students may be required to pay fees for tuition from correspondence schools) Replace section 7A(1)(ab) with: “(ab) domestic student enrolled at a school registered under section 35A; or”.
Expulsion and exclusion of students and attendance at school 10 15 20 7 Section 16 amended (Secretary’s powers when excluded student younger than 16) (1) After section 16(1)(b), insert: “(ba) arrange for and, if necessary, direct the sponsor of a 25 partnership school kura hourua to enrol the student at the partnership school kura hourua; or”.
(2) After section 16(2), insert: “(2A) The Secretary may not give a direction under subsection (1)(ba) unless— “(a) “(b) the student’s parents agree to the direction; and the Secretary has made all reasonable attempts to con- sult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may 30 7 Part 1 cl 8 Education Amendment Bill be interested in, or be able to advise on or help with, the student’s education or welfare.” (3) After section 16(4), insert: “(5) A sponsor must comply with a direction under subsection (1)(ba), and the direction overrides any enrolment process the 5 partnership school kura hourua may have in place.” 8 Section 17D amended (Re-enrolment of excluded or expelled student) Replace section 17D(2) with: (1) “(2) Subject to sections 16(1)(b) and 158Q(1)(b), the board of a 10 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 or a partnership school kura hou- rua.” In section 17D(3)(a), after “expelled”, insert “from a State 15 school”.
(2) (3) After section 17D(3), insert: “(3A) The Secretary may, in the case of a student who has turned 16, direct the sponsor of a partnership school kura hourua to enrol the student at the school if— “(a) 20 the student has been expelled from a State school under section 17; and the student’s parents agree to the enrolment; and the Secretary has made all reasonable attempts to con- sult the student, the sponsor, and any other person or 25 organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.” “(b) “(c) (4) After section 17D(4), insert: “(5) A sponsor must comply with a direction under subsection 30 (3A), and the direction overrides any enrolment process the partnership school kura hourua may have in place.” Section 25 amended (Students required to enrol must attend school) In section 25(2), after “board”, insert “and every sponsor of a 35 partnership school kura hourua”.
9 (1) 8 Education Amendment Bill Part 1 cl 10 (2) After section 25(4), insert: “(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.
5 “(8) “(7) A board or a sponsor 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.
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 15 (whether consecutively or concurrently).” 10 Section 31 amended (Ensuring attendance of students) 10 (1) After section 31(1), insert: “(1A) A sponsor of a partnership school kura hourua may appoint any person to be an attendance officer for the school.” In section 31(2), after “boards”, insert “or sponsors, or a board and a sponsor jointly”.
(2) 20 (3) After section 31(3), insert: “(3A) Every sponsor must, by any means the sponsor thinks appro- (4) priate, take all reasonable steps to ensure the attendance of stu- 25 dents enrolled at its school.” In section 31(7),— (a) (b) after “officer,”, insert “a sponsor,”; and after “board”, insert “, a sponsor,”.
(5) After section 31(8), insert: “(8A) A certificate signed on behalf of a sponsor 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 or authority of any signature on behalf of a sponsor may not in any proceedings under this 35 Part of this Act be inquired into or disputed.” 30 9 Part 1 cl 11 Education Amendment Bill (6) After section 31(9), insert: “(10) This section applies to an affected student (within the mean- ing of section 25(8)) only in relation to the time period (or section 25(8) 25(8) section periods) each day during which his or her timetable is run- ning.” 5 Secondary-tertiary programmes 11 Section 31B amended (Provider group for secondary-tertiary programme) After section 31B(1)(a)(i), insert: “(ia) a sponsor of a partnership school kura hourua, 10 other than a partnership school kura hourua that is only a primary partnership school kura hou- rua:”.
Section 31F amended (Recognition as lead provider of secondary-tertiary programme) After section 31F(a), insert: “(ab) a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a pri- mary partnership school kura hourua:”.
15 Section 31G amended (Lead provider to co-ordinate secondary-tertiary programme) After section 31G(2)(a), insert: “(ab) a sponsor of a partnership school kura hourua, other than a partnership school kura hourua that is only a pri- mary partnership school kura hourua:”.
20 25 Section 31I amended (Entry into secondary-tertiary programme) After section 31I(1)(b), insert: “(ba) a partnership school kura hourua, other than a partner- ship school kura hourua that is only a primary partner- 30 ship school kura hourua:”.
12 13 14 10 Education Amendment Bill Part 1 cl 16 Multiple timetable arrangements 15 New section 65DA inserted (Multiple timetable arrangements) After section 65D, insert: “65DA Multiple timetable arrangements “(1) The Minister may authorise a board to run a multiple timetable 5 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 the Minister considers that the proposed multiple timetable arrangement is appropriate in the circum- stances.
“(b) 10 “(2) An authorisation under subsection (1) must be given either unconditionally or subject to any conditions that the Minister 15 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 sub- section (1); and the time periods for each day during which the affected student’s timetable will run.
“(b) “(4) In this section, affected student and multiple timetable ar- rangement have the meanings given by section 25(8).” Functions and powers of boards 20 25 16 Section 75 replaced (Boards to control management of schools) Replace section 75 with: “75 Functions and powers of boards “(1) A school’s board must perform its functions and exercise its 30 powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational achievement.
“(2) Except to the extent that any enactment or the general law of New Zealand provides otherwise, a school’s board has com- 35 plete discretion to control the management of the school as it thinks fit.” 11 Part 1 cl 17 Education Amendment Bill 17 “(5) “(6) 18 Enrolment records Section 77A amended (Enrolment records) After section 77A(4), insert: In this section, principal, in relation to a partnership school kura hourua, means the person to whom the sponsor of the 5 school has assigned the role of managing enrolment records.
In subsection (5), partnership school kura hourua and sponsor have the meanings given by section 2(1).” Annual financial statements of boards Section 87C amended (Annual financial statements of boards) Replace section 87(2) and (3) with: 10 “(2) The Minister must make available (including, without limita- tion, by electronic means) to a member of Parliament on re- quest from that member of Parliament any statement provided 15 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.” School boards 19 Section 98 replaced (Boards of newly established schools) Replace section 98 with: 20 “98 Boards of newly established schools “(1) Despite section 94, the trustees of the board of a newly estab- lished State school are,— “(a) 5 people appointed by the Minister; or at the option of the Minister,— “(i) “(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) “(c) the principal or principal designate (if any); and 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— 12 25 30 35 Education Amendment Bill Part 1 cl 21 “(a) “(b) 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 at the close of the day before the date on which the trustees who have been elected, appointed, or co-opted 5 in accordance with a notice issued under section 105A 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.” 10 20 (1) Section 101 amended (Elections of trustees) In section 101(7), replace “subsection (8)” with “subsections (8) and (8A)”.
(2) After section 101(8), insert: “(8A) If the Minister approves an alternative constitution for a newly 15 established school under section 105A, 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 105A.” 21 Section 105A amended (Minister may approve alternative 20 constitution in certain cases) Replace section 105A(1) with: “(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.
25 “(1AA) 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.
“(1A) Subject to subsection (1B), the Minister may not approve 30 an alternative constitution for a board unless— “(a) 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, and— 13 Part 1 cl 22 Education Amendment Bill “(i) the Chief Review Officer, in a written report, rec- ommends 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 alter- 5 native constitution; or “(iii) the board has requested an alternative constitu- tion; and “(b) the Minister has consulted such persons or organisations as the Minister considers appropriate about whether an 10 alternative constitution is in the best interests of the school or schools.
“(1A) Subject to subsections (1AA) and (1B), the Minister may not approve an alternative constitution unless— “(a) 1 of the following applies: “(i) the Chief Review Officer, in a written report, rec- ommends that the Minister consider devising an alternative constitution; or 15 “(ii) 20% or more of the parents of children enrolled at the school or schools have requested an alter- 20 native constitution; or “(iii) the board has requested an alternative constitu- tion; and “(b) the Minister has consulted such persons or organisations as the Minister considers appropriate.
25 “(1B) Subsection (1A) does not apply if— “(a) “(b) “(c) the alternative constitution is the successor constitution for a board that was appointed or elected under section 98(1); or the alternative constitution is approved for a combined 30 board before the date specified in a notice under section 110(1); or the alternative constitution is for the board of a continu- ing school and the Minister has given notice under sec- tion 156A(4)(b).” 35 Section 110 amended (Boards may combine) Repeal section 110(1)(ba).
22 14 23 (1) (2) (3) (4) 24 25 (1) (2) 26 (1) (2) Education Amendment Bill Part 1 cl 26 Teacher registration Section 120 amended (Interpretation) In section 120, definition of employer, after paragraph (a), insert: “(ab) the sponsor of a partnership school kura hourua:”.

In section 120, definition of professional leader, paragraph (a), after “school”, insert “other than a partnership school kura hourua”.
In section 120, definition of professional leader, after para- graph (a), insert: “(ab) in the case of a partnership school kura hourua, the per- son to whom the sponsor has assigned the role of super- vising teaching practice:”.

5 10 In section 120, insert in their appropriate alphabetical order: “partnership school kura hourua has the meaning given by 15 section 2(1) “sponsor has the meaning given by section 2(1)”.
Section 120A amended (Restrictions on appointment of teachers) In section 120A(2), after “employer”, insert “, other than a 20 sponsor,”.

Section 120B amended (Restrictions on continued employment of teachers) In section 120B(2), after “employer”, insert “, other than a sponsor,”.

In section 120B(3), after “No employer”, insert “, other than a sponsor,”.
25 Section 137 amended (Offences) In section 137(1)(fb), delete “and the board of a State school, the managers of a school registered under section 35A, or the 30 person or body who appoints staff at an early childhood edu- cation and care service,”.

In section 137(1)(h), after “an employer”, insert “other than a sponsor”.
15 Part 1 cl 27 Education Amendment Bill Corporal punishment 27 Section 139A amended (No corporal punishment in early childhood services or registered schools) (1) After section 139A(1)(b), insert: “(ba) is employed by the sponsor of a partnership school kura 5 hourua at or in respect of the school; or”.

(2) After section 139A(2)(b), insert: “(ba) on behalf of a sponsor of a partnership school kura hou- rua any student enrolled at or attending the school; or”.
Surrender and retention of property and searches 10 28 New sections 139AAA to 139AAF 139AAG inserted After section 139A, insert: “139AAA Surrender and retention of property “(1) This section applies if a teacher or an authorised staff member 15 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.
If this section applies, the teacher or authorised staff member may require the student to produce and surrender the item.

If the item is stored on a computer or other electronic device, the teacher or authorised staff member may require the stu- 25 dent— “(a) “(b) to reveal the item: to surrender the computer or other electronic device on which the item is stored.
“(3) “(2) 20 “(4) A teacher or an authorised staff member may do either or both 30 of the following to an item surrendered under this section: “(a) “(b) dispose of the item (if appropriate).

retain the item for a reasonable period: “(5) A teacher or an authorised staff member may retain a com- puter or other electronic device surrendered under subsec- 35 tion (3)(b) for a reasonable period.
16 Education Amendment Bill Part 1 cl 28 “(6) returned to the student; or 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) “(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 139AAF.
In this section and sections 139AAB to 139AAF sec- tions 139AAAB to 139AAG, 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 “(9) section; and “(b) when used in section 139AAAB, 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 teach- ing 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.
“139AAAB Searches of clothing and bags or other containers “(1) This section applies if— 30 “(a) “(b) 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 the teacher or authorised staff member has required the 35 student to produce and surrender the harmful item under 17 Part 1 cl 28 Education Amendment Bill section 139AAA and the student has refused to pro- duce 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 5 where the student has no other clothing, or only under- clothing, under that outer clothing: require the student gloves, footwear, or socks: require the student to surrender the bag or other con- 10 tainer.
to remove any head covering, “(b) “(c) “(4) “(3) The teacher or authorised staff member may search any cloth- ing or footwear removed, and any bag or other container sur- rendered, under subsection (2).
If, during a search under this section, the teacher or authorised 15 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 20 under this section must comply with any rules made under section 139AAF.
In this section, section 139AAB, and section 139AAD,— “harmful item means an item that a teacher or an authorised staff member has reasonable grounds to believe poses an im- 25 mediate threat to the physical or emotional safety of any per- son “outer clothing includes, without limitation, any coat, jacket, jumper, or cardigan “socks does not include tights or stockings.
“(6) 30 “139AAAC Restrictions on searches under section 139AAAB “(1) A teacher or an authorised staff member who carries out a search under section 139AAAB 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 35 with the purpose of the search.
18 Education Amendment Bill Part 1 cl 28 “(2) Unless impracticable, a search under section 139AAAB must be carried out— “(a) “(b) by a teacher or an authorised staff member who is of the same sex as the student; and in the presence of the student and another teacher or 5 authorised staff member who is of the same sex as the student.
“(3) Unless impracticable, a search under section 139AAAB must not be carried out in the view of any person other than the person carrying out the search, the student, and another teacher 10 or authorised staff member.
“(4) A teacher or an authorised staff member who carries out a search under section 139AAAB must— “(a) return any clothing or footwear removed and any bag or other container surrendered as soon as the search is 15 completed; and “(b) keep a written record of any items seized under section 139AAAB(4).
“139AAB Limitations on section 139AAA sections 139AAA and 139AAAB “(1) Nothing in section 139AAA or 139AAAB permits a teacher or staff member— “(a) “(b) “(c) “(d) to search any student; or to search any bag in a student’s control; or to use physical force against a student; or to require a student to provide a bodily sample (but a teacher or staff member may encourage a student to par- ticipate in a voluntary drug treatment programme that involves testing of bodily samples).
20 25 “(2) Nothing in section 139AAA or 139AAAB permits a teacher 30 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 section 139AAA sections 139AAA and 139AAAB may not be exercised in relation to 2 or more students together unless the teacher or authorised staff member 35 has reasonable grounds to believe that each student has an item specified in section 139AAA(1) or a harmful item on or about 19 Part 1 cl 28 Education Amendment Bill his or her person, or in any bag or other container under his or her control.
“(5) “(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.
In this section,— “rub-down search means a search in which the person con- ducting the search— “(a) 5 10 “(b) a strip search; and a rub-down search 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: 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) “(b) “strip search means a search where the person conducting the search requires the person being searched to remove, raise, lower, or open all or any part of the latter person’s clothing.— remove any of the latter person’s clothing other than “(a) outer clothing, head covering, gloves, footwear, or 20 socks; or raise, lower, or open all or any part of the latter person’s clothing.
“(b) 15 “139AAC Prohibitions on searches by contractors “(1) A contractor may not— 25 “(a) “(b) exercise any power in section 139AAA or 139AAAB; or search a student.

“(1A) However, a contractor may bring a dog that is trained for the purpose of searching to a school and use the dog for the pur- 30 pose of searching school property (including lockers, desks, or other receptacles provided to students for storage purposes).

In this section, contractor has the meaning given by section 78CA(2).
“(2) 20 Education Amendment Bill Part 1 cl 28 “139AAD Refusal to produce or surrender item Refusal to “(1) “(2) reveal, produce, or surrender item 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 5 may take any disciplinary steps, or steps to manage the stu- dent’s behaviour, that the teacher or authorised staff member considers reasonable.
If a student refuses to remove any outer clothing, head cover- ing, gloves, footwear, or socks or to surrender a bag or other 10 container under section 139AAAB(2), a teacher or an author- ised staff member may take any disciplinary steps, or steps to manage the student’s behaviour, that the teacher or authorised staff member considers reasonable.
“139AAE Power to search storage containers not affected 15 Nothing in section 139AAA or 139AAAB limits or affects any power to search any locker, desk, or other receptacle pro- vided to students for storage purposes.
“139AAF Rules about surrender and retention of property and searches 20 “(1) The Secretary may from time to time must make rules (which must be consistent with this Act) regulating the practice and procedure to be followed by boards, principals, and teach- ers teachers, and authorised staff members under sections 139AAA to 139AAD, including, without limitation, rules— 25 providing for the keeping of written records relating to “(a) the use of the powers under section 139AAA; and “(aa) prescribing requirements relating to the keeping of writ- ten records under section 139AAAB; and “(b) “(ab) prescribing the procedure for authorising staff members 30 to exercise powers or carry out functions under sec- tions 139AAA to 139AAG; and specifying the circumstances in which items may be dis- posed of under section 139AAA(4)(b); and setting out requirements for the storage of items and 35 computers and other electronic devices under section 139AAA(6); and “(c) 21 Part 1 cl 29 Education Amendment Bill “(d) making provision for the return of items and com- puters and other electronic devices under section 139AAA(7)(a).
“(2) Rules made under this section are regulations for the purposes of the Acts and Regulations Publication Act 1989 and the 5 Regulations (Disallowance) Act 1989.

“(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 Representa- tives under section 41 of that Act.
10 “139AAG 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 139AAF.
15 “(2) Boards, principals, teachers, and authorised staff members must have regard to guidelines issued under subsection (1).” Secretary may require information for proper administration of Act 29 Section 144A amended (Secretary may require information for proper administration of Act) (1) After section 144A(1)(a), insert: (2) “(ab) the sponsor of any partnership school kura hourua; or”.

In section 144A(1), after “the board,”, insert “sponsor,” in each place.
20 25 Merging schools 30 Section 156A replaced (Minister may merge schools) Replace section 156A with: “156A Minister may merge schools “(1) Subject to sections 156B and 157, the Minister may, by no- 30 tice in the Gazette, merge 1 or more State schools (merg- ing schools) that are not integrated schools with another State school (the continuing school) that is not an integrated school, if the Minister is satisfied that— 22 Education Amendment Bill Part 1 cl 30 “(a) “(b) “(c) 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 the consultation that has taken place has been adequate 5 in all the circumstances; and the creation of a single school by the proposed merger is appropriate in the circumstances.
“(2) A notice under subsection (1) takes effect on a day (not ear- lier than the end of the term after the term during which the 10 notice is published) specified in the notice, and has effect as follows: “(a) “(b) the merging schools are part of the continuing school: if the continuing school and each merging school are not already administered by a single board,— “(i) “(ii) the board of each merging school is dissolved; and 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 Minis- 15 20 25 ter 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 follow- ing an election (the interim period), the board of the 30 continuing school is to be— “(i) the board of the continuing school plus co-opted trustees representing each merging school (a con- tinuing board); or a board appointed by the Minister (an appointed 35 board); or “(ii) “(b) the board of the continuing school is to have an alterna- tive constitution approved under section 105A.
23 Part 1 cl 30 Education Amendment Bill “156AB Election or appointment of boards of continuing “(1) “(2) schools 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 5 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 each of those co-opted trustees holds office until the end 10 of the interim period (unless replaced earlier); and section 94C (which limits the co-option and appoint- ment of trustees) does not apply to trustees co-opted for an interim period.
“(b) “(c) If the notice under section 156A(4) provides that the board 15 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 the Minister is not bound by section 94 in determining 20 the constitution of the appointed board.
“(3) When a board is appointed by the Minister,— “(b) “(a) “(b) the trustees of the continuing school go out of office at the close of the day before the start of the interim period; and the trustees of the appointed board take office on the date of the start of the interim period.
25 “(4) A continuing board or an appointed board may make decisions and exercise powers during the interim period both for the pur- poses of the continuing school before the merger and for the 30 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 35 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.
24 Education Amendment Bill Part 1 cl 31 “(6) “(7) If an appointed board or a continuing board is required by sub- section (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 5 office.
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 10 year.
“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 105A, the notice must specify the date 15 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 20 (1).
“(4) A board established under section 105A 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 25 effect.” Partnership schools kura hourua 31 New Part 12A inserted After section 158, insert: “Part 12A “Partnership schools kura hourua 30 “158A Interpretation In this Part, unless the context otherwise requires,— “body means a body corporate, corporation sole, or limited partnership 35 25 Part 1 cl 31 Education Amendment Bill “composite partnership school kura hourua means a part- nership school kura hourua designated as a composite partner- ship school kura hourua by notice under section 158B “partnership school contract has the meaning given by sec- tion 2(1) “primary partnership school kura hourua has the meaning given by section 2(1) “secondary partnership school kura hourua means a part- nership school kura hourua designated as a secondary partner- ship school kura hourua by notice under section 158B “sponsor has the meaning given by section 2(1).
5 10 “Approval and operation of partnership schools kura hourua “158B Minister may approve sponsors “(1) The Minister may by notice in the Gazette approve a body to 15 be a sponsor of a partnership school kura hourua.

“(2) The Minister has absolute discretion to refuse to approve a body to be a sponsor under subsection (1).
“(3) A notice under subsection (1) must include— the name of the sponsor; and the place where the school is to be located; and the name of the school; and “(a) “(b) “(c) “(d) whether the school is to be a primary, secondary, or composite partnership school kura hourua; and the class levels for which education may be given at the 25 school; and any religious, philosophical, or other distinguishing characteristic of the school; and “(e) “(f) 20 “(g) whether all or any (and if so, which) class levels of the school are to be single-sex.
30 “(4) A notice under subsection (1) may provide for different class levels to be phased in over a specified period or specified periods.

26 Education Amendment Bill Part 1 cl 31 “158C Minister must appoint advisory group “(1) The Minister must appoint an advisory group, consisting of 1 or more members, for the purpose of advising the Minister in relation to— “(a) “(b) the approval of sponsors under section 158B; and the educational performance of partnership schools kura hourua.
5 “(2) The members of the advisory group must be appointed by the Minister, on terms and conditions to be determined by the Min- ister, by written notice to each member.

10 “(3) The Minister may define and vary the terms of reference of the advisory group as the Minister thinks fit.

“(4) The advisory group must comply with any terms of reference determined by the Minister under subsection (3).

“(5) The advisory group may determine its own procedure.
“(6) Every member of an advisory group appointed under subsec- 15 tion (1) is entitled— “(a) to receive remuneration not within paragraph (b) for services as a member of the advisory group at a rate and of a kind determined by the Minister in accordance 20 with the fees framework; and in accordance with the fees framework, to be reim- bursed for actual and reasonable travelling and other expenses incurred in carrying out his or her duties as a member of the advisory group.
25 “(b) “(7) For the purposes of subsection (6), 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.

“158D Partnership school contracts “(1) The Minister may from time to time, in the name and on behalf of the Crown, enter into a contract with a sponsor for the op- eration, by that sponsor, of a partnership school kura hourua.
“(2) A partnership school contract must be for a fixed term.
“(3) A partnership school contract must provide for— 30 35 “(a) objectives and performance standards for the sponsor in relation to the operation of the school; and 27 Part 1 cl 31 Education Amendment Bill “(b) “(c) “(d) “(e) “(f) “(ii) reporting requirements of the sponsor in relation to— “(i) the objectives and performance standards of the sponsor under the contract; and any relevant national standards published under section 60A(1)(ba); and the maximum roll of the school; and the number or percentage of teaching positions (within the meaning of section 120) that must be filled by regis- tered teachers or holders of limited authority to teach; and the curriculum to be taught at the school; and the qualifications to be offered by the school (if it is a secondary or composite partnership school kura hou- rua); and 5 10 “(fa) a procedure for the independent review of complaints 15 against the school; and “(g) powers of intervention in the school by the Minister and “(i) “(h) the Secretary; and the termination of the contract for breach of contract; and the obligations of the sponsor, in the event of the ter- mination or expiry of the contract, to co-operate with the Minister and to comply with any instructions issued by the Minister in order to ensure the orderly and effi- cient transfer of the operation of the school.
“(4) A partnership school contract may contain other provisions, as agreed between the Minister and the sponsor, that are not inconsistent with— “(a) “(b) this Act; or any regulations made under this Act.

“158DA Complaints “(1) A person who refers a complaint about a sponsor to the Om- budsman may refer a complaint to a reviewer in respect of the same matter.
“(2) Subsection (1) applies— “(a) irrespective of whether or not the Ombudsman’s inves- tigation is complete at the time of the referral to the re- viewer; and 28 20 25 30 35 Education Amendment Bill Part 1 cl 31 “(b) if that investigation is complete at the time of the refer- ral to the reviewer, irrespective of the outcome of that investigation.
“(3) A person who refers a complaint to a reviewer about a matter that is within the jurisdiction of the Ombudsman may refer a 5 complaint to the Ombudsman in respect of the same matter.

“(4) Subsection (3) applies— “(a) “(b) irrespective of whether or not the reviewer’s investiga- tion is complete at the time of the referral to the Om- budsman; and if that investigation is complete at the time of the refer- ral to the Ombudsman, irrespective of the outcome of that investigation.
10 “(5) Subsection (3) is subject to section 17 of the Ombudsmen “(6) Act 1975.

In this section,— “Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975 “reviewer means the person or body responsible under a part- nership school contract for the independent review of com- 20 plaints against a partnership school kura hourua.
15 “158E Prohibitions on operation of partnership schools kura hourua “(1) A body that is not approved to be a sponsor under section 158B may not operate or purport to operate a partnership 25 school kura hourua.

“(2) A sponsor may not operate a partnership school kura hourua unless there is in place a partnership school contract between the Minister and the sponsor.
“158F Sponsor’s duties 30 A sponsor of a partnership school kura hourua must— “(a) provide a safe physical and emotional environment for students; and ensure that the school delivers a curriculum that is in line with any foundation curriculum policy statements 35 published under section 60A(1)(aa); and “(b) 29 Part 1 cl 31 Education Amendment Bill “(c) “(d) “(e) assign the functions of the principal under the sections specified in section 158T(1) to an appropriately qual- ified person or to appropriately qualified persons; and assign the role of supervising teaching practice to an appropriately qualified person; and at intervals specified in the partnership school contract, inform parents of— “(i) “(ii) the progress of their children at the school; and any barriers to progress.
5 “158G Sponsor to control management of partnership school 10 kura hourua “(1) A sponsor of a partnership school kura hourua must perform the sponsor’s functions and exercise the sponsor’s powers in such a way as to ensure that every student at the school is able to attain his or her highest possible standard in educational 15 achievement.

“(2) A sponsor of a partnership school kura hourua has complete discretion to control the management of the school as the spon- sor thinks fit.
“(3) Subsection (2) is subject to any enactment, the general law 20 of New Zealand, and the partnership school contract.

“158H School rules “(1) A sponsor of a partnership school kura hourua may make any rules the sponsor thinks necessary or desirable for the control and management of the school.

25 “(2) Subsection (1) is subject to any enactment, the general law of New Zealand, and the partnership school contract.
“158I Sponsor’s power to delegate “(1) A sponsor may delegate any of the functions or powers of the sponsor under this Act, either generally or specifically, to any 30 person or group of persons.

“(2) A delegation under this section must be in writing.

“(3) The sponsor must not delegate the general power of delega- tion.
30 Education Amendment Bill Part 1 cl 31 “(4) The sponsor must not delegate the functions of the sponsor in sections 13 to 18 (as applied by section 158T, with the exception of sections 16 and 17D) and any rules made under section 18AA (as applied by section 158U) to the person to whom the sponsor has assigned the functions of the principal 5 in those sections and rules.
“(5) A delegate to whom any functions or powers of a sponsor are delegated may,— “(a) unless the delegation provides otherwise, perform the function or exercise the power in the same manner, sub- 10 ject to the same restrictions, and with the same effect as if the delegate were the sponsor; and “(b) delegate the function or power only— “(i) with the prior written consent of the sponsor; and “(ii) subject to the same restrictions and with the same 15 effect as if the subdelegate were the delegate.
“(6) A delegate who purports to perform a function or exercise a power under a delegation— “(a) is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; 20 and “(b) must produce evidence of his or her authority to do so, if reasonably requested to do so.
“(7) No delegation in accordance with this Act— “(a) “(b) “(c) affects or prevents the performance of any function or 25 the exercise of any power by the sponsor; or affects the responsibility of the sponsor for the actions of any delegate acting under the delegation; or is affected by any change in the constitution of the spon- sor.

30 “(8) A delegation may be revoked at will by written notice to the delegate.
“(9) A delegation under subsection (5(b) may be revoked at will by written notice of the delegate to the subdelegate.

31 Part 1 cl 31 Education Amendment Bill “158J Annual financial statements of partnership schools kura hourua “(1) On a date specified in the partnership school contract, a spon- sor of a partnership school kura hourua must give to the Sec- retary annual financial statements relating to the school for the 5 year ending on a date specified in the contract.
“(2) The financial statements must be prepared in accordance with the partnership school contract.

“(3) The financial statements must have been audited by a chartered accountant.

10 “158K Partnership school kura hourua may participate in school risk management scheme “(1) A sponsor may, with the consent of the Secretary, participate in a school risk management scheme established under section 78D(2).
15 “(2) Sections 78D to 78G, any regulations made under section 78F, and any legal instrument by which a school risk management scheme is established apply to any sponsor that participates in the scheme as if it were a participating school board.
“158L Intervention in partnership school kura hourua by 20 Secretary “(1) This section applies if the Secretary has reasonable grounds to believe— “(a) that— “(i) “(ii) there exists in respect of a partnership school kura 25 hourua an emergency affecting the education or welfare of its students; or there is an imminent threat of such an emergency; and “(b) that the sponsor of the school is unwilling or unable to 30 immediately deal with that emergency or, as the case requires, that threat to the satisfaction of the Secretary.
If this section applies, the Secretary may take over the man- agement of the school from the sponsor for any period that the Secretary considers necessary in order to deal with the emer- 35 “(2) 32 Education Amendment Bill Part 1 cl 31 gency or threatened emergency, and for that purpose the Sec- retary— “(a) has and may exercise and perform, in respect of the school, all of the powers and functions that would other- wise be exercisable or performed by the sponsor: “(b) has all other powers necessary or desirable.
If the Secretary takes over the management of a school under this section, the Secretary must immediately give written no- tice to the sponsor of that action, and of the reasons for that action.
“(3) “(4) This section applies despite anything in any partnership school contract, and nothing in this section limits or affects— “(a) any other right or remedy available to the Secretary or the Crown, whether under any partnership school con- tract or otherwise; or any liability of the sponsor under the partnership school contract or otherwise.
“(b) 5 10 15 “(5) Neither the Secretary, nor the Crown, nor any other person acting by or under the authority of the Secretary is under any civil or criminal liability for anything the Secretary or any such 20 person may do or fail to do in the course of the exercise or per- formance or intended exercise or performance of any powers or functions under this section, unless it is shown that the Sec- retary or that other person acted, or failed to act, in bad faith.
“Enrolment in partnership schools kura hourua 25 “158M Enrolment in partnership schools kura hourua “(1) If a partnership school kura hourua receives more applications than there are places at the school, the order of priority in which applicants are to be offered places at the school is as follows: “(a) first priority must be given to any applicant who is the sibling of a current student of the school: second priority must be given to any student who is the sibling of a former student of the school: third priority must be given to all other applicants.
“(b) “(c) 30 35 33 Part 1 cl 31 Education Amendment Bill “(2) “(3) “(4) If there are more applicants in any of the priority groups than there are places available, selection within the priority group must be by ballot.

If 2 or more siblings apply for places at the school at the same time, the applications of those siblings must be dealt with as a 5 single application for the purposes of the ballot.

In this section, sibling has the meaning given by section 11F(3).
“158N Equal rights to primary and secondary education in partnership schools kura hourua “(1) People who have special educational needs (whether because of disability or otherwise) have the same rights to enrol and receive education at partnership schools kura hourua as people who do not.
“(2) Nothing in subsection (1) affects or limits— “(a) those provisions of Part 2 and this Part that relate to the suspension, expulsion, and exclusion of students from partnership schools kura hourua; and “(b) section 158M (enrolment in partnership schools kura hourua).
10 15 20 “158O Special education in partnership schools kura hourua Despite sections 5 and 6 (as applied by section 158T), if the Secretary and the person’s parents agree,— “(a) a person with special educational needs who is under 21 and who turns 14 in any year may, in any later year, be or 25 continue to be enrolled at a primary partnership school kura hourua, or in a class below form 3 at a composite partnership school kura hourua; and a person under 21 with special educational needs may be or continue to be enrolled at a secondary partnership 30 school kura hourua, or in a class above form 2 at a com- posite partnership school kura hourua, who, in the opin- ion of the Secretary,— “(i) “(ii) has not completed work equivalent to the work 35 has not completed the work of form 2; and of form 2; and “(b) 34 Education Amendment Bill Part 1 cl 31 “(c) a person under 21 with special educational needs may be or continue to be enrolled at a secondary partner- ship school kura hourua, or in a class above form 2 at a composite partnership school kura hourua, on or after 1 January after the person’s 19th birthday.
5 “Multiple timetable arrangements “158P Multiple timetable arrangements in partnership schools kura hourua “(1) A sponsor may run a multiple timetable arrangement at a part- nership school kura hourua for a specified period if the sponsor 10 is satisfied that the arrangement is appropriate in the circum- stances.
“(2) A sponsor must take all reasonable steps to notify every af- fected student and his or her parents in writing of— the multiple timetable arrangement; and “(a) the time periods for each day during which the affected “(b) student’s timetable will run.

“(3) In this section, affected student and multiple timetable ar- rangement have the meanings given by section 25(8).
“Exclusions 15 20 “(1) “158Q Secretary’s powers when student younger than 16 is excluded from partnership school kura hourua If the Secretary is satisfied that the sponsor of a partnership school kura hourua has excluded a student who is younger than 16 from the school under section 15(1)(c) (as applied by sec- 25 tion 158T), and that no person to whom the sponsor has as- signed the functions of the principal under section 15(5) (as so applied) has arranged for the student to attend another school, the Secretary must,— “(a) if satisfied that it is appropriate for the student to return 30 to the school from which the student has been excluded, lift the exclusion; or arrange for and, if necessary, direct the board of a State school (that is not an integrated school) to enrol the stu- dent at the State school; or 35 “(b) 35 Part 1 cl 31 Education Amendment Bill “(c) arrange for and, if necessary, direct a sponsor of another partnership school kura hourua to enrol the student at the other school; or “(d) direct a parent of the student to enrol the student at a correspondence school.
5 “(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 per- son or organisation that, in the opinion of the Secretary, may 10 be interested in, or be able to advise on or help with, the stu- dent’s education or welfare.
“(3) The Secretary may not give a direction under subsection (1)(c) unless— “(a) “(b) the student’s parents agree; and the Secretary has made all reasonable attempts to con- sult the student, the sponsor, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.
15 20 “(4) If the sponsor of the school from which the student has been excluded is also the sponsor of another school, the Secretary (in exercising the power conferred by subsection (1)(c)) may direct the sponsor to enrol the student at that other school.

“(5) A board must comply with a direction under subsection 25 (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.
“(6) A sponsor must comply with a direction under subsection (1)(c), and the direction overrides the provisions of any enrol- ment scheme the school may have in place.
30 “158R Re-enrolment by partnership school kura hourua of student excluded or expelled “(1) The sponsor of a partnership school kura hourua from which a student has ever been excluded or expelled (whether under section 15 or 17 as applied by section 158T) may refuse to 35 enrol the student at the school (unless, in the case of an ex- 36 Education Amendment Bill Part 1 cl 31 clusion, the Secretary has lifted the exclusion under section 158Q(1)(a)).
“(2) Subject to sections 16(1)(ba) and 158Q(1)(c)Bill 77–1, the sponsor of a partnership school kura hourua may refuse to en- rol a student who is for the time being excluded or expelled 5 (whether under section 15 or 17 as applied by section 158T) from a State school or another partnership school kura hourua.
“(3) The Secretary may, in the case of a student who has turned 16, direct the sponsor of another partnership school kura hourua to enrol the student at the school if— “(a) 10 the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and the student’s parents agree to the enrolment; and the Secretary has made all reasonable attempts to con- sult the student, the sponsor, and any other person or 15 organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.
“(b) “(c) “(4) The Secretary may, in the case of a student who has turned 16, “(b) direct the board of a State school to enrol the student at the 20 school if— “(a) the student has been expelled from a partnership school kura hourua under section 17 (as so applied); and the Secretary has made all reasonable attempts to con- sult the student, the student’s parents, the board, and any 25 other person or organisation that, in the opinion of the Secretary, may be interested in, or be able to advise on or help with, the student’s education or welfare.
“Courses and visits “158S Courses and visits outside partnership school kura 30 hourua premises A sponsor of a partnership school kura hourua may author- ise any students to do any of the following outside the school premises: “(a) “(b) obtain work experience; or “(c) make visits.
undertake courses of education; or 35 37 Part 1 cl 31 Education Amendment Bill “Application of Act to partnership schools kura hourua “158T Application of this Act to partnership schools kura hourua “(1) Sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except sub- 5 section (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAF 139AAG (except section 139AAC(1)(a)) apply to partnership schools kura hourua with any necessary modi- fications.
In their application to partnership schools kura hourua under 10 subsection (1), sections 4 to 6, 13 to 15, 17 to 17C, 18 to 19, 25A (except subsection (1B)), 25AA, 25B, 27, 33, 78C to 78CD, and 139AAA to 139AAF 139AAG (except section 139AAC(1)(a)) must be read as if— “(a) any references to a State school were references to a 15 partnership school kura hourua; and any references to a board or a board of a State school were references to a sponsor; and any references to a principal were references to the per- son or persons to whom a sponsor has assigned the func- 20 tion or functions of the principal under the section in question; and any references to a primary school were references to a primary partnership school kura hourua; and any references to a secondary school were references to 25 a secondary partnership school kura hourua; and any references to a composite school were references to a composite partnership school kura hourua.
“(b) “(c) “(d) “(e) “(f) In its application to partnership schools kura hourua under subsection (1), section 17B must also be read as if the refer- 30 ence to a meeting of the board were a reference to a meeting with the sponsor.

In its application to partnership schools kura hourua under subsection (1), section 25AA must also be read as if refer- ences to the health curriculum were references to the health 35 curriculum delivered by a partnership school kura hourua.
In their application to partnership schools kura hourua under subsection (1), sections 139AAA to 139AAF 139AAG “(2) “(3) “(4) “(5) 38 Education Amendment Bill Part 1 cl 31 must also be read as if the definition of teacher in section 139AAA(9) were replaced with the following definition: “teacher means— “(a) a person holding a teaching position (within the mean- ing of section 120) at a partnership school kura hourua; 5 or a person to whom the sponsor of the partnership school kura hourua has assigned any of the functions of the principal.
“(b) “158U Application of Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 to partnership schools kura hourua “(1) The Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 (except rule 3) apply to partnership schools kura hourua with any necessary modifications.
In their application to partnership schools kura hourua under subsection (1), the Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 must be read as if— “(a) “(2) any references to a State school were references to a partnership school kura hourua; and any references to a board or a board of a State school were references to a sponsor; and any references to a principal were references to the per- son to whom a sponsor has assigned the function or functions of the principal under the rules.
“(b) “(c) 10 15 20 25 “Application of other Acts to partnership schools kura hourua “158V Application of New Zealand Bill of Rights Act 1990 to partnership schools kura hourua Section 3(b) of the New Zealand Bill of Rights Act 1990 30 applies to the following persons when performing functions under this Act or in relation to a partnership school contract: a sponsor of a partnership school kura hourua: “(a) a person employed by a sponsor of a partnership school “(b) kura hourua in a position at the school: 35 39 Part 1 cl 32 Education Amendment Bill “(c) a person who works at a partnership school kura hourua under contract.
“158W Application of Privacy Act 1993 to partnership schools kura hourua When performing functions under this Act or a partnership 5 school contract, a sponsor of a partnership school kura hourua is to be treated as a public sector agency for the purposes of sections 35 and 36 of the Privacy Act 1993.
“158X Ombudsmen Act 1975 and Official Information Act 1982 not to apply to partnership schools kura hourua The Ombudsmen Act 1975 and Official Information Act 1982 do not apply to a sponsor of a partnership school kura hourua when the sponsor is performing functions under this Act or a partnership school contract.
10 “158X Official Information Act 1982 not to apply to partnership 15 schools kura hourua The Official Information Act 1982 does not apply to a spon- sor of a partnership school kura hourua when the sponsor is performing functions under this Act or a partnership school contract.” 20 New Zealand Qualifications Authority Section 246 amended (Interpretation) In section 246, definition of relevant school, after paragraph (b), insert: “(ba) a partnership school kura hourua (as that term is defined 25 in section 2(1)), other than a partnership school kura hourua that is only a primary partnership school kura hourua (as that term is defined in section 2(1)); or”.
Section 246A amended (Functions of Authority) In section 246A(1)(f), replace “secondary schools” with “rele- 30 vant schools”.
32 33 40 Education Amendment Bill Part 1 cl 34 Early childhood education and care centres 34 Section 319J replaced (Centres situated on property owned by the Crown) Replace section 319J with: “319J Centres situated on property owned by, or leased to, the 5 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) 10 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 a lease or licence between a board and the service provider under section 70B of the Education Act 1989; 15 or a lease between a third party (to whom a lease has been granted by the Crown) and the service provider; or an occupancy document notified to the service provider who operates the centre by the Secretary.
20 “(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: the service provider who operates the centre must— 25 pay to the Secretary the rent for the time being “(i) charged by the Secretary; and comply with standards of maintenance and cap- ital works as determined by the Secretary: “(ii) “(b) “(c) “(d) “(b) “(c) the service provider who operates the centre must not, 30 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 li- cence or permit in respect of, or assign any rights in respect of, or part with possession or control 35 of, or allow any other person to share possession, control, or use of, the land or any other property of the Crown.
41 Part 1 cl 35 Education Amendment Bill “(3) The Secretary may from time to time amend an occupancy document by written notice to the service provider who op- erates the early childhood education and care centre.

In this section, lease includes a sublease.” “(4) 35 (1) (2) 36 National student numbers 5 Section 342 amended (Interpretation) In section 342, insert in its appropriate alphabetical order: “early childhood service means a licensed early childhood service (as defined in section 309)”.
In section 342, definition of education provider, paragraph 10 (a), delete “as defined in section 120”.
Section 343 amended (Assigning national student numbers) After section 343(1), insert: “(1A) The Secretary may also assign a national student number to 15 any child under the age of 6 years if the Secretary has reason- able grounds to believe that— “(a) the child is unlikely to attend an early childhood service; and the child is likely to benefit from attending such a ser- 20 vice.” “(b) Section 344 amended (Use of national student numbers) After section 344(2)(a), insert: “(ab) encouraging attendance at early childhood services:”.
Section 345 amended (Student may use or disclose own national student number) In the heading to section 345, replace “Student” with “Per- son”.

In section 345, replace “a student” with “a person”.
Section 346 amended (Offences) Replace section 346(2) with: 25 30 37 38 (1) (2) 39 42 Education Amendment Bill Part 2 cl 40B “(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 5 person A of being, linked to any information that may lead person A to the identification of person B.” Part 2 Transitional provision provisions and consequential amendment amendments Transitional provision provisions 10 40 Transitional provision relating to Criminal Procedure Act 2011 Until the commencement date of the Criminal Procedure Act 2011 (within the meaning of section 394 of that Act), section 15 346(2) of the principal Act (as replaced by this Act) must be read as if the offence prescribed in that subsection were pun- ishable on summary conviction.
40A Transitional provision relating to Legislation Act 2012 Until the commencement of section 77(2) of the Legislation 20 Act 2012, section 139AAF(2) must be read as if it declared rules made under section 139AAF to be regulations for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

Consequential amendment amendments 25 40B Amendment to Accident Compensation Act 2001 (1) (2) This section amends the Accident Compensation Act 2001.
In section 6(1), definition of place of education, replace para- graph (a)(i) with: “(i) a composite school or a secondary school as de- 30 fined by section 2(1) of the Education Act 1989, or a secondary school registered under section 35A of the Education Act 1989, or a secondary partnership school kura hourua or compos- 43 5 10 Part 2 cl 40C Education Amendment Bill ite partnership school kura hourua (within the meaning of section 158A of the Education Act 1989); and”.
40C Amendment to Births, Deaths, Marriages, and (1) (2) Relationships Registration Act 1995 This section amends the Births, Deaths, Marriages, and Rela- tionships Registration Act 1995.

In Schedule 1A, item relating to the Ministry of Education, replace “student information” with “information”.

40D Amendments to Health Act 1956 (1) (2) This section amends the Health Act 1956.
In section 125(1), insert in its appropriate alphabetical order: “partnership school kura hourua has the meaning given by section 2(1) of the Education Act 1989”.

In section 125(2), after “public school”, insert “, partnership 15 school kura hourua,”.

(3) 40E Amendments to Immigration Act 2009 (1) (2) This section amends the Immigration Act 2009.
In section 4, definition of compulsory education, paragraph (a), after “integrated”, insert “, or at a partnership school kura 20 hourua (within the meaning of section 2(1) of that Act)”.

In section 4, definition of course of study, paragraph (a)(i), after “integrated”, insert “, or by a partnership school kura hou- rua (within the meaning of section 2(1) of that Act)”.

(3) 40F Amendment to Income Tax Act 2007 (1) (2) After section CW 55BB(1)(b)(i), insert: This section amends the Income Tax Act 2007.
“(ia) a partnership school kura hourua (within the meaning of section 2(1) of the Education Act 1989):”.

25 30 Amendment to Local Government (Rating) Act 2002 This section amends the Local Government (Rating) Act 2002.

41 (1) 44 Education Amendment Bill Part 2 cl 43 (2) In Schedule 1, after clause 6(b)(v), insert: “(vi) a partnership school kura hourua (within the meaning of section 2(1) of the Education Act 1989), excluding any partnership school kura hourua that operates for profit: ”.
5 42 (1) (2) Amendment to Official Information Act 1982 This section amends the Official Information Act 1982 In section 2, definition of organisation, paragraph (a), replace “Parliamentary Service or mortality review committees” with “Parliamentary Service, mortality review committees, or 10 sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing functions under the Education Act 1989 or a partnership school contract (within the meaning of section 2(1) of the Education Act 1989)”.
15 Amendments to Ombudsmen Act 1975 This section amends the Ombudsmen Act 1975.
43 (1) (2) After section 2(4), insert: “(5) For the purposes of Part 2 of Schedule 1, a sponsor performs a standing-down, suspension, exclusion, or expulsion function if the sponsor performs a function under any of sections 14, 20 15, 16(1)(ba), and (5), 17 to 17C, 17D(3A), and (5), 18, 158Q(1)(c), (4), and (6), and 158R(1) to (3) of the Education Act 1989 or under rules made under section 18AA of that Act.” In Schedule 1, Part 2, insert the following in its appropriate alphabetical order: “sponsors (within the meaning of section 2(1) of the Education Act 1989) when performing a standing-down, suspension, ex- clusion, or expulsion function”.
(3) 25 45 Education Amendment Bill Legislative history Introduction (Bill 77–1) First reading and referral to Education and Science Committee 15 October 2012 18 October 2012 12 Published under the authority of the House of Representatives—2013 Wellington, New Zealand: 46