Hayes John: Questions for Oral Answer — Questions to Ministers 
Hayes John: Questions for Oral Answer — Questions to Ministers 
[Volume:638;Page:8493] 
12.  
JOHN HAYES (National—Wairarapa) 
 to the  
Minister of Education 
: Is he satisfied with the criteria for candidates for election to school boards of trustees under the Education Act 1989? 
Hon STEVE MAHAREY (Minister of Education) 
: 
 The Act does not determine eligibility to stand but it does list numerous criteria that make a person ineligible. Those criteria include—and I do not want anybody to take this personally—being mentally disordered; being an undischarged bankrupt; not being a New Zealand citizen; being a permanently appointed member of the board’s staff other than the principal or the elected staff representative on the board; having contracts with the board worth more than $25000 a year; or having not yet served a sentence for a crime for which that person has been convicted and which is punishable by imprisonment. I just tell the member because I am sure he was not here at the time that those criteria were endorsed by Parliament when the Education and Science Committee unanimously reported back that Gerry Brownlee’s Education (Trustee Ineligibility) Amendment Bill not proceed. 
John Hayes 
: How does this law and its criteria protect the children of a Wairarapa school where a person with 25 convictions including sexual offences with a minor is currently a candidate for election to the board of trustees and could be elected without anyone ever knowing about his or her past? 
Hon STEVE MAHAREY 
: As the select committee pointed out the powers that are available to the Minister of the day are quite sufficient I think to deal with anybody who feels that the safety of a child is at risk. For example if this person was elected to the board and was considered to be a safety risk—and it could be that I consider that person to be a safety risk—I can require under law that the board deals with that matter. If the board does not deal with it to a satisfactory level I can suspend—sack—the entire board and deal with it myself. That is what the select committee unanimously concluded was the best way forward and that is what I would intend to do. 
Darien Fenton 
: What is the Minister doing to ensure that boards of trustees have the skills and attributes needed to govern schools? 
Hon STEVE MAHAREY 
: As I indicated last year following the outcome of the boards of trustees elections I will be asking the ministry to have a look at matters of governance. I would like the ministry to look at such issues as whether we have the right mix of skills on boards whether there is some more support that we could give them and whether there could be better arrangements—for example the clustering of boards. I am pleased to see that currently 17000 people are standing for the 13000 places on boards around the country and that only two boards do not have enough candidates to fill their vacancies. I am sure they will fill them by co-opting because in those cases it was a procedural hiccup that had led to the problem. 
Hon Brian Donnelly 
: Can the Minister confirm that National’s current deputy leader Bill English was a member of the Education and Science Committee that unanimously agreed to recommend that Gerry Brownlee’s bill to prevent those with sex offence convictions from becoming school trustees should not proceed? 
Hon STEVE MAHAREY 
: I not only can confirm that the Hon Bill English was a member of that committee; I can confirm that so was Colin King and so was Mr Allan Peachey who of course was the leader of one of the largest schools if not the largest school in the country. The report back unanimously concluded that such a bill would not make children safer given that those in the trustee role had limited contact with children. The committee also concluded that the Minister of the day has the power to ensure students’ safety by requiring a board if there is a difficulty to deal with it; if it does not deal with it the Minister can sack it. 
John Hayes 
: Clearly the Minister is satisfied with the legislation for which he is responsible and he is also satisfied— 
Hon Trevor Mallard 
: I raise a point of order Madam Speaker. I realise that Mr Hayes is a relatively new member but I think it is important that he learn that members should start a question with a question word. He had two clauses out and had not got there yet. 
Madam SPEAKER 
: As a general rule we are trying now not to start questions with comments statements or imputations. Just go straight to the question please. 
John Hayes 
: Is the Minister satisfied with the legislation—particularly section 103 of the Education Act 1989—for which he is responsible as Minister and with the advice from his ministry on the Education (Trustee Ineligibility) Amendment Bill that the Education Act as it currently stands already sufficiently protects children’s safety? 
Hon STEVE MAHAREY 
: Not only am I satisfied that we have that protection but as I have said that was the unanimous opinion of the select committee. I have the report here if the member would like it. Membership of the committee included the deputy leader of his party plus a former leader of one of the largest schools—if not the largest school—in the country and Mr Colin King as well. Yes I think we are in a position at the present time where members across the House—Ms Bennett shakes her head—have agreed that the legislation is currently adequate. 
John Hayes 
: Can the Minister confirm that any person may stand for election to a school board of trustees irrespective of the number of convictions he or she has which is unlike the position of contractors who must be vetted by the police before entering school-grounds; and given that this situation could be replicated in every school in New Zealand will the Minister take immediate action to protect our children by requiring all elected school trustees to submit to the principal the details of any convictions they have thereby lifting the veil of suspicion and creating a safe environment for our children? 
Hon STEVE MAHAREY 
: [ 
Interruption 
] As my colleague here says it is not within my competence to just ignore the law. The law already states who is ineligible to stand. As I mentioned before the unanimous opinion of this House was—although members seem to have changed their mind in the last year—that currently existing law which allows me as the present Minister of Education or any Minister of Education to sack a board if it does not look after the safety of children was right. I just say to the member that if he seriously thinks the police should now be vetting 17000 New Zealanders in the 5-day period between nominations closing and the elections I invite him to tell the police exactly how they might do it. 
Gerry Brownlee 
: With regard to the issues raised by my colleague John Hayes I would seek leave to table a short note from my book of prophesies called  
I Told You So 
. 
Madam SPEAKER 
: Leave is sought. Is there any objection? There is objection. 
John Hayes 
: Why is it acceptable to the Minister that a person with 25 convictions including for sexual offences with a minor can make himself available for election to a board in the first place and that now that this person is a candidate no one can expose that person because to do so may lead to the identification of the victim? 
Hon STEVE MAHAREY 
: Of course it is not acceptable to a single person in this House that someone with a record such as the member has described stands for election. But the law states which people are ineligible and the law states—and I want to make this clear to the member; he needs to go home and explain this—[ 
Interruption 
] 
Madam SPEAKER 
: Please be seated. Please members a question has been asked. We would all like to hear the Minister address the question. We will listen in silence. 
Hon STEVE MAHAREY 
: The member needs to know that the law supported by this House protects children’s safety. They come first. If such people were to be elected to boards anywhere in the country and if I understood that that had happened and that children’s safety was at risk the law empowers me to require boards to remove them or I will do it for them and take the whole board with them.