Rich Katherine: Questions for Oral Answer — Questions to Ministers 
Rich Katherine: Questions for Oral Answer — Questions to Ministers 
[Volume:640;Page:10461] 
5.  
KATHERINE RICH (National) 
 to the  
Minister of Education 
: Does he back the recent decision of the Teachers Council Disciplinary Tribunal to allow an art teacher who posted hard-core pornographic pictures of himself and two women on Internet sex sites with messages for girls “the younger the better” to contact him to continue teaching; if so why? 
Hon STEVE MAHAREY (Minister of Education) 
: 
 The Teachers Council disciplinary tribunal is a quasi-judicial body and I am proscribed from directing the actions of the Teachers Council over a particular individual nor can I overturn its decisions. I would however note that it was a split decision. I also inform the House that the decision of the Teachers Council’s disciplinary tribunal is reviewing its criteria in order to tighten up on cases like this. Secondly I would note that a Cabinet paper is being drafted to look at privacy issues to ensure that there is better data-matching between the Teachers Council and the Ministry of Education. Thirdly I would note that the teacher does not have a current practising certificate and is not employed at any school. 
Katherine Rich 
: Can the Minister answer my primary question which was: does he back the decision of the Teachers Council disciplinary tribunal to allow someone who has published hard-core pornographic images of himself and others and advertised for girls as young as 17—the age of some of his potential students—to continue teaching when some of those dissenting tribunal members went on to say that such behaviour “adversely affects or is likely to adversely affect the well-being or learning of one or more students.”? 
Hon STEVE MAHAREY 
: I want to answer the question directly by saying of course not. 
Hon Dr Nick Smith 
: Do you back the decision or not? 
Hon STEVE MAHAREY 
: Of course not—I know that the member is a little deaf but of course not. What I said originally though is that the Minister of Education is proscribed from doing anything directly about an individual decision. But I applaud the fact that it was a split decision and I know which side of the decision I would have been on if it had been me. Therefore I also listed the fact that I applaud the Teachers Council for reviewing its criteria and I applaud the fact that it will have legislation to allow it to data match and I am very glad that this person does not have a teaching certificate and is not in front of a class now. 
Dianne Yates 
: What has the Labour-led Government done over time to ensure a high standard of conduct on behalf of teachers? 
Hon STEVE MAHAREY 
: I should note for the House that through most of the 1990s the registration of teachers was completely voluntary. Registration became mandatory in 1997 but there was no requirement for police vetting of teachers before they were employed at schools. However in 2001 this Government changed the Education Act to require police vetting for all personnel occupying positions in schools and early childhood centres. The Act also established the Teachers Council including a disciplinary tribunal with powers either to deregister teachers or to impose conditions on their ongoing registration. In 2004 new rules came into effect enabling the council to consider complaints of serious misconduct at any time rather than wait for the expiry of the current registration. Those arrangements are ones that can give us confidence in a robust professional process but I repeat that I applaud the fact that the Teachers Council is now reviewing again its criteria and that it will have changes in the Privacy Act to assist it and that I am very pleased that this person is not teaching anywhere right now. 
Katherine Rich 
: How can the Minister be absolutely sure that this teacher is not teaching in a New Zealand classroom today when the Teachers Council has told our select committee that it currently has thousands of unregistered teachers teaching in New Zealand classrooms and that it does not track censured teachers in any way in the workplace once that censure has been given? 
Hon STEVE MAHAREY 
: I can only give the House the assurance that I have checked today and asked whether this person has a current practising certificate and the answer was no. I checked whether the person is currently employed and the answer was no. That is all I can give the House. 
Katherine Rich 
: What changes to the Teachers Council is he proposing because the situation it found itself in with two dissenting members and a casting vote being made on such a controversial decision is basically a result of a structure he set up? 
Hon STEVE MAHAREY 
: If the member cares to have a look at the dissenting opinion she will note that it pointed out that the criteria were a problem in this particular area for people who had dissented. They believed that there ought to be different criteria. That is what has led to them now reviewing their criteria—they believe that they need to have different criteria to work on. I believe that is a very good step to take. 
Katherine Rich 
: Does the Minister accept that it is his criteria set up by his Government that they are using and what changes is he proposing; and does he accept that his ivory-tower argument that the difference between misconduct and serious misconduct is largely academic as most parents would be horrified to think that someone who had posted hard-core porn pictures of himself and had actively sought out young girls could be allowed to teach in New Zealand classrooms? 
Hon STEVE MAHAREY 
: The member may be seeking a disagreement when there is not one. I do not think anybody in the House disagrees with her on the fact that this person should not be teaching in a New Zealand school. What we are saying here is that the Teachers Council understands that the criteria should be changed. The member asks what is changing; the criteria are changing. We agreed last time we had a debate about these kinds of issues that the Teachers Council has a robust and professional approach; what we will ensure is that it has an even better one.